United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
PB96-780218
EPA530-R-95-053
November 1995
EFV\ RCRA/UST, Superfund, & EPCRA
Hotline Training Module
Introduction to:
Permits and Interim Status
(40 CFR Part 270)
Updated as of July 1995
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DISCLAIMER .
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
>
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any
party in litigation with the United States.
RCRA/UST, Superfund & EPCRA Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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PERMITS AND INTERIM STATUS
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 Overview of the RCRA Permit Program 3
2.2 Scope of the RCRA Permit 10
2.3 Special Forms of Permits 12
2.4 Interim Status Requirements 14
3. Regulatory Developments . 17
3.1 Post-Closure Permits 17
3.2 Public Participation in Permitting 17
3.3 Permit Improvement Team 18
4. Special Issues 19
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Permits and Interim Status -1
1. INTRODUCTION
Owners/opera tors of facilities that treat, store, or dispose of hazardous waste must
obtain an operating permit under Subtitle C of RCRA. Permits are an essential part
of the RCRA Subtitle C program. They define the conditions and requirements that
apply to treatment, storage, and disposal facilities (TSDFs), ensuring that hazardous
waste is treated, stored, and disposed safely and in a controlled manner. This
module presents an overview of the RCRA permitting process and the
requirements that apply to TSDFs operating under interim status until a permit is
issued. The regulations governing the permit process are found in 40 CFR Part 270.
When you have completed this module, you will be able to describe the RCRA
permitting process. Specifically, you will be able to:
• llist the types of activities that do and do not require a permit
• Locate the definitions in the CFR for existing hazardous waste facility and
new hazardous waste facility
• Identify the CFR sections relevant to Part A and Part B permit information
requirements and briefly describe the difference between them
• Outline the steps in the process from interim status to receipt of a permit
• Cite the CFR sections pertaining to permit duration and modifications
• Identify the differences among permit modification classes
• List the special forms of permits
'• List the permit-by-rule applications
• State the eligibility requirements for interim status and the conditions for
termination of interim status
• List the conditions for changes during interim status.
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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2 - Permits and Interim Status
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Permits and Interim Status - 3
2. REGULATORY SUMMARY
RCRA §3005 authorizes and creates the foundation for RCRA permits at TSDFs.
The regulations implementing this statutory section are found in Part 270. Permits
are issued by EPA, authorized states, or both. In this module, "EPA" should be read
to include both EPA Regional Offices and authorized states for purposes of granting
permits. Permits give TSDF owners/operators legal authority to treat, store, or
dispose hazardous waste. A RCRA permit is site-specific and can cover one or more
units. The operating requirements for TSDFs are found in Parts 264/265. Part 264
applies to facilities which have received permits. Facilities which have not yet
received a permit operate under the self-implementing interim status standards of
Part 265. The administrative procedures that apply to the permitting process,
including procedures for issuing, modifying, revoking, reissuing, or terminating
permits, are found in Part 124.
This module covers the permitting process and requirements in Part 270. Part 270 is
divided into seven subparts:
General Information (Subpart A)
Permit Application (Subpart B)
Permit Conditions (Subpart C)
Changes to Permits (Subpart D)
Expiration and Continuation of Permits (Subpart E)
Special Forms of Permits (Subpart F)
Interim Status (Subpart G).
2.1 OVERVIEW OF THE RCRA PERMIT PROGRAM
A permit establishes the site-specific administrative and technical standards to
which a TSDF must adhere in order to manage hazardous waste. The following
discussion outlines the procedures and the requirements for a facility to obtain a
permit under Part 270.
APPLICATION PROCESS
RCRA permitting procedures depend on the type of facility (e.g., treatment, storage,
or disposal) and whether the facility is (1) in existence when it becomes subject to
Subtitle C regulation, or (2) a new facility seeking to begin managing hazardous
waste. Figure 1 outlines the major steps in the permit application process. As
Figure 1 indicates, public notices and hearings are a regular part of the permitting
process. The regulations governing the application procedure are found in Part 124
and the application submittal dates are found in §270.10.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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4- Permits and Interim Status
Figure 1
MAJOR STEPS IN THE PERMIT PROCESS
EXISTING FACILITY
NEW FACILITY
Applicant submits Part A
application and notification:
Interim Status §270.10(e)
Applicant submits Part A and
Part B application §270.10(0
Applicant submits Part 6 application
i
EPA determines application is complete §124.3(a)(2)
EPA issues Draft Permit or Notice of Intent to Deny Permit §124.6(a)
I
Public notice; 45 days for comments §124.1(Xb)
Public hearing if any adverse comments §124.11
I
Final decision and response to comments §124.15(a)
Appeals may be filed within 30 days of the final decision §124.19
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Permits and Interim Status - 5
SCOPE OF PART A AND PART B APPLICATIONS
Owners/operators of facilities that fall under the permitting regulations are required
to submit a comprehensive permit application covering all aspects of the design,
operation, and maintenance of the facility. This gives EPA valuable information
which will ensure compliance with Subtitle C regulations through the development
of a facility-specific permit. Permits are written to address the specific geography of
the facility, the types of hazardous waste management units, and specific
wastestreams that will be managed at the facility. The permit application is divided
into Part A and Part B.
Part A
The Part A permit application is submitted on a designated form: Form 8700-23. The
basic Part A information requirements are presented in §§270.13(a) through (m).
Examples of Part A information include:
• Activities conducted by the applicant which require the owner/operator to
obtain a permit under RCRA
• Name, mailing address, and location of the facility
• Up to four standard industrial codes (SICs) which best describe facility
activities
• Descriptions of the processes to be used for treating, storing, and/or
disposing hazardous waste and the design capacity of these items or units
• Identification of the hazardous wastes listed or designated under Part 261
to be managed at the facility
• List of all permits received or applied for under other regulatory programs
• Topographic map of the facility.
PartB
Part B information is submitted in narrative form. It includes general information
requirements for all hazardous waste management facilities, as well as unit-specific
information. The Part B information requirements presented in §§270.14 through
270.26 reflect the standards promulgated in Part 264. These information
requirements are necessary in order for EPA to determine compliance with the Part
264 standards. Section 270.14(b) lists the general information requirements that all
hazardous waste management facilities must submit in the Part B permit
application, including:
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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'6 - Permits and Interim Status
• General description of the facility
• Chemical and physical analyses of the wastes to be handled at the facility
• Description of the security procedures and copy of the inspection schedule
• Copy of the contingency plan required
• Description of procedures, structures, or equipment used at the facility to
prevent releases to the environment
• Description of precautions to prevent accidental ignition or reaction of
ignitable, reactive, or incompatible waste
• Facility location information such as proximity to a seismic area or a 100-
year floodplain.
Sections 270.14(c) and (d) require owners/operators to provide information
regarding the placement of hazardous waste and any resultant releases. These
regulations are designed to prevent and/or remediate releases into the
environment from land-based hazardous waste management units and solid waste
management units (SWMUs). This information is then used as part of the
corrective action process (see the "Corrective Action" module).
Owners/operators must also submit unit-specific information for each hazardous
waste management unit at the facility. Sections 270.15 through 270.26 correspond to
Part 264, Subparts I through X, AA, BB, DD, and Part 266, Subpart H. For example, if
a TSDF manages hazardous waste in containers, the owner/operator must provide a
description of the container storage containment design and sketches to
demonstrate compliance with the 50-foot buffer zone requirement of §264.176.
Existing Hazardous Waste Management Facilities
The timely submission of notification -under RCRA §3010 and the Part A application
qualifies owners/operators of existing hazardous waste management units or
facilities for interim status. Interim status facilities must comply with Part 265, until
the Part B permit is drafted and approved.
For hazardous waste management facilities already in existence on the effective date
of statutory or regulatory amendments that cause the facility or unit to become
regulated, the requirement to apply for a permit is satisfied by submitting only
Part A of the permit application until the date the permitting agency sets for
submitting Part B of the application (§270.1(b)). Land disposal facilities qualifying for
interim status in this manner must submit a Part B application and certify
compliance with all applicable groundwater monitoring and financial responsibility
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Permits and Interim Status - 7
requirements within 12 months of the date the facility first becomes subject to
regulation (§270.73(d)). For other types of facilities, the Part B permit application
should be submitted in accordance with §§270.73(c)-(g) or when requested by EPA.
EPA will give at least six months notice when requesting a Part B permit application
(§270.10(e)(4)). Applicants may submit a Part B voluntarily at any time.
New Hazardous Waste Management Facilities
Owners/operators of facilities that wish to begin managing hazardous waste for the
first time (new hazardous waste management facilities) must receive a RCRA
permit before the facility is allowed to treat, store, or dispose hazardous waste.
Section 270.1 (b) states that owners and operators of new hazardous waste
management facilities must submit Parts A and B of the permit application at least
180 days before physical construction of the facility is expected to commence,
although it typically takes several years to issue a permit. Physical construction
cannot commence until the permit is issued.
PERMIT CONDITIONS
Part 270, Subpart C, lists the conditions that apply to all RCRA permits. These
conditions are either incorporated expressly into the permit or are included by
regulatory citations. Section 270.30 defines the conditions that apply to all RCRA
permits:
j
• The permittee must comply with all conditions of the permit, except when an
emergency permit issued under §270.61 authorizes noncompliance
• The permittee must reapply if the permittee is to continue a regulated activity
after the existing permit expires
• The permittee may not use as a defense for noncompliance that the only way
to maintain compliance with the permit was to halt or reduce the permitted
activity
• The permittee must take all reasonable steps to minimize adverse impacts on
human health and the environment
• The permittee must ensure proper operation and maintenance of the facility
• The permit may be modified, revoked and reissued, or terminated for cause
. • The permit does not convey any property rights to the permittee
• The permittee must provide any relevant information requested
• The permittee must allow the facility to be inspected
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline traininepurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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8 - Permits and Interim Status
• The permittee must conduct appropriate sampling, and retain results of all
monitoring
• The permittee must sign and certify applications, reports, or information
submitted
s
• The permittee must comply with the reporting requirements of §270.30(1).
Section 270.32(b)(2) contains an important provision which allows permits issued
under §3005 of RCRA to contain additional terms necessary to protect human health
and the environment. This is known as the omnibus provision. It allows the
Agency to establish appropriate conditions in a permit that are in addition to the
standards in Part 264 (RCRA §3005(c)).
Another important component in Part 270, Subpart C is the establishment of a
compliance schedule under §270.33. A schedule of compliance may be written into a
permit when a facility is out of compliance with any portion of RCRA or Subtitle C
regulations. These regulations allow EPA to establish a schedule with interim and
final dates and require reporting to ensure progress of a particular activity. For
instance, the provisions in §270.33 allow the Agency to develop a corrective action
schedule in the permit. As discussed previously, units in which hazardous waste
was placed are required to be identified. If corrective action steps need to be taken,
§270.33 can be used to establish the schedule of activities.
CHANGES TO PERMITS
Part 270, Subpart D, establishes the steps necessary to make changes to a permit. The
procedures for making changes to a permit will vary depending on whether the
Agency or the owner/operator is initiating the change. The four basic situations for
changing a permit after issue are: ,
• Permit modification at the request of the permittee
• Permit modification at the request of the permitting agency
• Revocation and reissue of the permit
• Termination of the permit.
The procedures for each of these actions are discussed below.
Facility-Initiated Permit Modifications
Section 270.42 contains the regulations that apply to the modification of a permit at the
request of the permittee. There are three classifications of permit modifications (Classes
1, 2, and 3) that correspond to the degree the permit will be modified. Appendix I to
§270.42, entitled Classification of Permit Modification, describes the type of permit
modification necessary to change a permit provision when there is a transfer of a
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/U§r,Superfund, and EPCRA Hotline.
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Permits and Interim Status - 9
permit or the permittee requests a permit modification. For all modifications, the
permittee submits information to EPA that describes the exact change to be made to the
permit conditions, identifies whether the modification is a Class 1, 2, or 3, and provides
the applicable permit application information as found in §270.42. Class 1 and 2
permittee-requested modifications do not substantially alter existing permit conditions
or significantly affect the overall operation of a facility. Class 1 covers routine changes,
such as changing typographical errors, upgrading plans and records maintained by the
facility, or replacing equipment. Class 2 modifications address common or frequently
occurring changes needed to maintain a facility's ability to manage a waste safely or to
conform with new regulatory requirements. Class 3 changes cover major modifications
that substantially alter the facility or its operations, such as the management of different
wastes that require different designs or management practices.
Prior Agency approval is not required for most Class 1 modifications; though an
asterisk in Table 1 indicates a Class 1 change that does require Agency approval (see
§270.42(a)). For both Class 2 and Class 3 modifications, Agency approval is required, and
a process similar to the permitting process .is followed.
Under §270.42(d), for a modification not explicitly listed in Appendix I, the permittee
must submit a Class 3 modification or request a determination by EPA that the
modification be reviewed and approved as a Class 1 or 2 modification (see Special
Topics in this module).
According to §270.42(g), newly regulated wastes and units at fully permitted facilities
do not qualify for interim status. Instead, the permittee follows the permit
modification process in this section. First, a Class 1 modification is submitted by the
date on which the waste or unit becomes subject to the new requirements. The
permittee must be in compliance with the applicable standards of Parts 265 and 266.
If a Class 2 or 3 modification is required, the permittee must also submit a complete
permit modification request within 180 days after the effective date of the rule that
subjected the waste or unit to Subtitle C management. Finally, for all land disposal
units that are newly regulated, the permittee must certify that the unit is in
compliance with all applicable requirements of Part 265 for groundwater monitoring
and financial responsibility 12 months after the effective date of the rule.
Agency-Initiated Permit Modifications
There are two types of EPA-initiated changes to permits: modification of a permit or
revocation and reissue of a permit. The Agency may modify a permit if there have
been alterations or additions to the facility, new information that was not available
at the time of permit issue, new statutory or regulatory requirements promulgated,
or if the Agency has cause to initiate a compliance schedule under §270.33. The
Agency may also modify a land disposal facility permit during the permit's five-year
review. The Agency may either modify a permit or revoke and reissue a permit if
there is a change in ownership. If there is cause for termination under §270.43, EPA
may follow the procedures in Part 124 to revoke a permit.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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10 - Permits and Interim Status
Termination of Permits
Section 270.43 provides the means for the termination of a permit during its term,
or for denying a permit renewal application. According to §270.43, either step can
take place if there is:
• Noncqmpliance by the permittee
or
• Failure to disclose all relevant facts or a misrepresentation of any relevant
facts
or
• Determination that a permitted activity endangers human health and the
environment.
The applicable Part 124 administrative procedures or state procedures need to be
followed when terminating a permit.
EXPIRATION AND CONTINUATION OF PERMITS
Part 270, Subpart E, specifies the requirements for the duration of permits and the
conditions during which an expiring permit can continue. RCRA permits are
effective for a fixed term which is not to exceed 10 years (§270.50(a)). EPA, however,
can issue a permit for less than the full allowable term. Section 270.50(d) requires
EPA to review permits for land disposal fadlities five years after the date of permit
issue or reissue. The permit can be modified at that time, if -necessary.
Section 270.51 lists the conditions during which an expiring or expired permit can be
continued by EPA. For example, an expired permit can be continued when the
permittee has submitted an application for a new permit and the Agency has not
issued a new permit before the expiration date of the previous permit, provided the
delay of the reissue was through no fault of the permittee.
2.2 SCOPE OF THE RCRA PERMIT
A RCRA permit is required for facilities conducting "treatment," "storage," and/or
"disposal" of hazardous waste identified in Part 261. Several types of permits are
issued to facilities conducting one or more of these activities as defined in §270.2.
Each permit defines operating requirements and various provisions specific to the
needs of the permit applicant. Section 270.1 (c) lists the various types of permits.
The following discussion addresses the special forms of permits and specific
exclusions from permit requirements. It also discusses Part 270, Subpart F, entitled
Special Forms of Permits.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/U&T, Superfund, and EPCRA Hotline.
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SPECIFIC EXCLUSIONS FROM PERMIT REQUIREMENTS
In a few narrowly defined cases, a RCRA permit is not required. These exceptions
are listed in §270.1 (c)(2) and include:
• Generators who accumulate hazardous waste on-site for less than the time
periods provided in 262.34
• Farmers who dispose of hazardous waste pesticides from their own use as
provided in §262.70
• Persons who own or operate facilities solely for the treatment, storage, or
disposal of hazardous waste excluded by §261.4 or §261.5
• Owners/operators of totally enclosed treatment facilities as defined in
§260.10
• Owners/operators of elementary neutralization units or wastewater
treatment units as defined in §260.10
• Transporters storing manifested shipments of hazardous waste in
containers meeting the requirements of §262.30 at a transfer facility for a
period of 10 days or less
• Persons adding absorbent material to hazardous waste in a container (as
defined in §260.10 of this chapter) and persons adding waste to absorbent
material in a container (provided that these actions occur at the time the
waste is first placed in the container and comply with §§264.17(b), 264.171,
and 264.172 of this chapter
• Owners/opera tors perform treatment or containment activities taken
during immediate response to: 1) A discharge of a hazardous waste;
2) an imminent and substantial threat of a discharge of a hazardous waste;
and/or 3) a discharge of a material which when discharged becomes a
hazardous waste.
POST-CLOSURE PERMITS
Owners/operators of surface impoundments, landfills, land treatment units, and
waste pile units that received wastes after July 26,1982, or that certified closure
(according to §265.115) after January 26,1983, must have post-closure permits, unless
the owner/operator demonstrates closure by removal and decontamination as
provided under §§270.1(c)(5) and (6) (§270.1(c)). If a post-closure permit is required,
the permit must address applicable Part 264 groundwater monitoring, unsaturated
zone monitoring, corrective action, and post-closure care requirements. The denial
The information in this document is not by any means a complete representation of hPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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of a permit for the active life of a hazardous waste management facility does not
affect the requirement to obtain a post-closure permit under this section.
UNIT AND FACILITY PERMITS
According to §270.1 (c)(4), EPA may issue or deny a permit for one or more units at a
facility without simultaneously issuing or denying a permit to all units at the
facility. This means that a facility may be permitted on a unit-specific basis, rather
than the facility as a whole.
PERMIT-AS-A-SHIELD
Section 270.4(a) contains a provision which provides that compliance with a RCRA
permit during its term is considered compliance for purposes of RCRA
enforcement. This means that an owner/operator complies with the requirements
specified in the permit, rather than with the corresponding regulations as written in
40 CFR. This is referred to as the "permit-as-a-shield" provision. A permittee must
still comply with requirements that are imposed by the statute itself, the land
disposal restrictions promulgated under Part 268, and the liner and leak detection
requirements for certain land disposal units (57 FR3462; January 29,1992). In
addition, permit-as-a-shield was amended by the December 6,1994, Federal Register
to require facilities to comply with Subpart AA, BB, and CC of Part 265 (59 FR 62952).
2.3 SPECIAL FORMS OF PERMITS
Part 270, Subpart F, contains the regulations that apply to special forms of permits.
Special forms of permits under Subpart F include: (1) permits-by-rule; (2) emergency
permits; (3) hazardous waste incinerator permits; (4) permits for land treatment
demonstrations; (5) interim permits for underground injection control (UIC) wells;
(6) research, development, and demonstration (RD&D) permits; and (7) permits for
boilers and industrial furnaces (BIFs) burning hazardous waste.
Permits-By-Rule
Certain types of facilities managing hazardous waste may qualify for a RCRA permit
without submitting a permit application. These are known as "permits-by-rule."
Having a permit-by-rule means that by following certain portions of other
regulations and a portion of the RCRA regulations, a facility is deemed to have the
equivalent of a RCRA permit. The owner/operator must follow the conditions
listed in §270.60 for a permit-by-rule. Permits-by-rule are available for:
• Ocean disposal vessels and barges
• Underground injection wells
• Publicly owned treatment works (POTWs).
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training mirposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Permits and Interim Status -13
In all three of these cases, specific provisions of other regulatory programs must be
met in order to operate under a permit-by-rule. Ocean disposal vessels and barges
must have a permit issued under 40 CFR Part 220, underground injection wells
must have a permit issued under 40 CFR Part 144 or 145, and POTWs must have a
National Pollution Discharge Elimination System (NPDES) permit.
Emergency Permits
Under §270.61, emergency permits are temporary permits issued when the Regional
Administrator or state finds an imminent and substantial endangerment to human
health or the environment. These permits may be issued to a non-permitted facility
to allow treatment, storage, or disposal of hazardous waste, or to a permitted facility
to allow treatment, storage, or disposal of a hazardous waste not covered by an
effective permit. The duration of an emergency permit cannot exceed 90 days.
Hazardous Waste Incinerator Permits
The purpose of a hazardous waste incinerator permit is to allow a new hazardous
incinerator to establish permit conditions, including, but not limited to, allowable
waste feeds and operating conditions that will ensure adequate protection of human
health and the environment. The incinerator permit covers four-phases of
operation: pre-trial burn, trial burn, post-trial, and final operating conditions.
The pre-trial burn phase of the permit allows the incinerator to achieve a state of
operational readiness necessary to conduct the trial burn. The pre-trial burn permi^
conditions are effective for the minimum time required to bring the incinerator to a
point of operational readiness to conduct a trial burn which is not to exceed 720
hours. This phase is often referred to as the shakedown period.
For the trial burn, EPA will establish conditions in the permit necessary to conduct
an effective trial burn. These conditions are based on the operating conditions
proposed by the permit applicant in the trial burn plan submitted to EPA.
To allow the operation of a hazardous waste incinerator following the completion
of the trial burn, EPA establishes permit conditions sufficient to meet the .
incinerator performance standards. This post-trial burn period is limited to the
minimum time required to complete the sampling, analysis, data computation of
trial burn results, and submission of these results to EPA.
After reviewing the results of the trial burn, EPA will modify as necessary the
operating conditions of the incinerator to ensure compliance with incinerator
standards and assure protection of human health and the environment.
Owners/operators of incinerators must comply with the final permit conditions for
the duration of the permit, or until the permit is modified.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline traininepurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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14 - Permits and Interim Status
Permits for Land Treatment Demonstrations
Before a land treatment facility can obtain a final permit, the owner/operator must
demonstrate that hazardous constituents in a waste can be completely degraded,
transformed, or immobilized in the treatment zone (§264.272). The purpose of land
treatment demonstrations using field tests or laboratory analyses is to allow an
owner/operator to meet the treatment demonstration requirements of §264.272 so
that a final permit may be obtained. Under §270.63, the permit may be issued as
either a treatment or disposal permit and may include conditions for conducting the
field tests or laboratory analyses, or conditions pertaining to unit design, construction,
operation and maintenance, or both.
UIC Wells
Under §270.64, EPA may issue a UIC permit to Class I injection wells injecting
hazardous waste in a state in which no UIC program has been approved or
promulgated. A UIC permit issued pursuant to this section must ensure
compliance with Part 265, Subpart R.
Research, Development, and Demonstration Permits
Section 270.65 provides special permitting requirements for RD&D permits for
hazardous waste treatment facilities using innovative and experimental treatment
technologies for which no standards exist under Parts 264/265. These permits are
issued for a period of up to one year, and may be renewed up to three times, with
each renewal not exceeding one year.
Boilers and Industrial Furnace Permits
Special permitting requirements exist for owners/operators of BIFs burning
hazardous waste. The permit requirements and conditions for BIFs are identical to
those for incinerators.
2.4 INTERIM STATUS REQUIREMENTS
EPA recognized that it would be impossible for the Agency and authorized states to
issue permits to all hazardous waste.management facilities before the RCRA
Subtitle C program became effective in November 1980. In §3005(e) of RCRA,
Congress established provisions to treat certain facilities as though they had been
issued a permit until final administrative action was taken on their permit
applications. This statutory permit is referred to as "interim status." interim status
regulations are found in Part 270, Subpart G, and Part 265.
The information in this document is not by any means a complete representation of EPA s regulations or policies, out is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Permits and Interim Status -15
SCOPE OF INTERIM STATUS
According to §270.70, to qualify for interim status, a facility must meet three
requirements: (1) the facility must have been in existence (operating or in
construction) on the effective date of the rule that brings the facility into the RCRA
program; (2) the facility must have submitted a Part A permit application; and
(3) the facility must have filed a §3010 notification (EPA form 8700-12). An interim
status facility must comply with the standards specified in Part 265 and the
conditions described in its Part A application until the final determination is made
regarding its Part B application (§270.71).
CHANGES DURING INTERIM STATUS
The owner/operator of an interim status facility must follow the procedures in
§270.72 in order to make any changes to the facility. Sections 270.72(a)(l)-(6) establish
the types of changes that can be made, as well as the criteria under which the changes
may occur. The following changes can be made to an interim status facility, provided
the owner/opera tor submits a revised Part A permit application that includes
justification for the proposed change(s) before any of these changes are made:
Managing hazardous wastes not in the Part A permit
Increasing design capacity
Changing or adding processes
Changing the owner/operator
Changing to comply with a §3008(h) corrective action order
Adding newly regulated units.
Reconstruction
Section 270.72(b) placed certain limitations on the extent of any changes that can be
made under §270.72(a). Changes to an interim status facility may not be made if they
amount to reconstruction of the facility. Reconstruction is defined as occurring
when:
Capital Investment in changes to the facility
> 50%
Capital Cost of a comparable new facility
Any changes to an interim status facility that require a capital expenditure exceeding
50 percent of the cost of construction of a comparable new facility is considered
reconstruction.
Exceptions
Two exceptions to the reconstruction prohibition were promulgated prior to March
1989: changes necessary to comply with the land disposal restrictions, and changes
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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16 - Permits and Interim Status
necessary to comply with hazardous waste tank regulations. In addition, the
March 7,1989, Federal Register added the following activities that are allowed
without consideration of reconstruction limitations (54 FR 9596):
• Changes that EPA determines necessary to comply with federal, state, or
local requirements
• Changes that are necessary to allow a facility to continue to manage newly
listed or identified wastes
• Changes made during closure in accordance with an approved closure
plan
• Changes made to comply with an interim status corrective action order
• Addition of newly regulated units (e.g., boilers or industrial furnaces).
The reconstruction limit was amended for compliance with new tank standards and
changes necessary due to'the land disposal restrictions. All of these situations are still
considered changes during interim status and require a revised Part A application to be
submitted; however, they are not subject to the constraints of the reconstruction
limitation.
LOSS OF INTERIM STATUS (LOIS)
Under §270.73, interim status is terminated when either of the following situations
occurs:
• EPA makes a final determination on the Part B permit application (issue or
denial)
or
• The facility fails to furnish a Part B application on time (§270.10(e)(5)).
Due to the small number of permits issued prior to passage of the Hazardous and
Solid Waste Amendments in 1984 (HSWA), Congress implemented a statutory
timetable for submission of Part B permit applications. Those facilities that failed to
meet this "call-in deadline" lost their interim status and had to close. These
deadlines are found in §§270.73(c)-(g) and include submittal of a Part B application,
and demonstration of compliance with the groundwater monitoring and financial
assurance requirements. The only facilities not covered by the HSWA-mandated
schedule are facilities that became newly regulated as a result of a statutory or
regulatory change after November 8,1984 (other than land disposal facilities). These
facilities are required to submit their Part B applications when requested by EPA or
an approved state (at least six months notice must be given).
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Permits and Interim Status -17
3. REGULATORY DEVELOPMENTS
3.1 POST-CLOSURE PERMITS
On November 8,1994, EPA proposed to offer alternatives to the permitting
requirements for facilities conducting post-closure and to allow the use of other
authorities, such as enforcement, to address environmental risks (59 FR 55778).
Because closing facilities typically have little incentive to obtain post-closure
permits, EPA is proposing that enforcement be an option for bringing uncooperative*
facilities into compliance, while leaving the post-closure permit as a viable option
for cooperative facilities.
3.2 PUBLIC PARTICIPATION IN PERMITTING
On June 2, 1994, EPA proposed regulations that would provide earlier opportunities
for public involvement in the TSDF permitting process and expand public access to
information throughout the permitting process and the operational lives of TSDFs
(59 FR 28680; June 2,1994). In the proposed rule, the Agency attempted to address
the concern, expressed by many stakeholders in the area of RCRA permitting, that
current procedures involve the public too late in the process, provide inadequate
information, and may not provide an equitable opportunity to participate.
Concurrent with these growing concerns, EPA emphasized the need for more public
involvement in all of its activities.
The proposed rule would require an applicant to hold an infdrmal meeting before
submitting an application for a RCRA permit. The proposed rule would also
require the applicant to publicize the meeting in a number of ways, including a
display advertisement in the newspaper, a radio advertisement, and a sign posted at
the property. The rule would direct the permitting agency to mail a notice to
interested people when the facility submits its application. The notice will tell
members of the public where they can examine the application while the Agency
reviews it.
The proposed rule would give the permitting agency authority to require a facility
owner/operator to set up an information repository at any time during the
permitting process or the permit life. The repository will make important
permitting information available to the public. Finally, the rule would also require
combustion facilities to notify the public before holding a trial burn.
EPA expects the proposed rule to be finalized by late summer 1995.
The information in this document is not by any means a complete representation of EPA s regulations or policies, out is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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18 - Permits and Interim Status
3.3 PERMITS IMPROVEMENT TEAM
In July 1994, EPA created a Permits Improvement Team (PIT) to identify specific
actions that can be taken to increase the efficiency and effectiveness of
environmental permitting programs not only in RCRA, but in other EPA program
areas. The PIT was divided into six task forces looking at improvement in different
areas of the permitting process: alternatives to individual permits, administrative
streamlining, enhanced public participation, pollution prevention incentives,
training, and performance measures. The team held six roundtable meetings with
stakeholders from EPA, states, local governments, industry, and interest groups.
They plan to, take the recommendations made at these meetings and revise the
current permitting process through implementation of short term and long term
regulatory changes. As of now, there is no definitive time frame for any changes
recommended by the PIT.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Permits and Interim Status -19
4. SPECIAL ISSUES
Mobile treatment units (MTUs) are designed to move from facility to facility treating
waste on-site. These units must comply with the applicable unit standards for
interim status (Part 265 or 266) or permitting (Part 264 or 266). RCRA permits are
site-specific, thus a mobile treatment unit alone (i.e., the unit itself) cannot receive a
permit (or interim status) but must be permitted (or receive interim status) for use
at each location.
A mobile treatment unit, like other treatment units, may qualify for an exemption
from permitting requirements. If a mobile unit meets the requirements for a
wastewater treatment unit, elementary neutralization unit, generator
accumulation/treatment tank, or any other RCRA permit exemption, the facility
would not be required to get a permit for that unit.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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