*>EPA
United States
Environmental Protection
Agency
EPA 530-R-24-009
Resource Conservation and Recovery Act (RCRA)
Hazardous Waste Model Permit
General Permit Conditions Module
This module provides guidance to EPA, state, and territorial permitting authorities. The
statements in this document are intended solely as guidance. This document is not intended,
nor can it be relied upon, to create any rights enforceable by any party in litigation with the
United States. Permitting authorities may decide to follow the guidance provided in this
document, or to act at variance with the guidance based on its analysis of the specific facts
presented.
When EPA releases a new or revised model permit module, it replaces the corresponding
module, including the corresponding module in the 1988 Model RCRA Permit for Hazardous
Waste Management Facilities (Draft).
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 1 of 18
{Date}
MODULE I. GENERAL PERMIT CONDITIONS
{Permit Writer: This permit module contains the general conditions applicable for all RCRA
permits by 40 CFR part 270.30. These permit conditions in this module apply to all RCRA Permits.
The model permit conditions in this module reference federal regulations and guidance. Permit
Writers should confirm their regulatory citations and their authority's guidance for each permit
condition and replace (or add to) the federal citations with state analogous regulatory citations
and/or references as applicable. When jointly issuing permits, the federal Permit Writer will
issue the federal permit citing the federal regulations while the state Permit Writer will cite the
state analogous regulatory citation in the state's jointly issued permit.
State Permit Writers need to add or revise permit conditions for State regulatory requirements
that are broader in scope, more specific, or otherwise different than the federal requirements.
Permit Writers will insert their regulatory authority's appropriate officiol(s) for or in addition to
instances where the module uses "Director." When jointly issuing permits, the federal Permit
Writer will cite the EPA Region's appropriate official in the federal permit and the state will cite
the state's appropriate official in the state's permit.}
I .A. EFFECT OF PERMIT
I.A.I. {Operator's name}, as the Facility operator and {Owner's name}, as the Facility owner,
collectively, hereafter "the Permittee" is allowed to {treat, store, and/or dispose of hazardous
waste at the Facility, and/or is required to conduct {closure and/or post-closure care and/or
corrective action} in accordance with the conditions of this Permit. Any storage, treatment,
and/or disposal of hazardous waste at the Facility not authorized in this Permit is prohibited.
Subject to 40 CFR 270.4, compliance with this Permit during its term generally constitutes
compliance, for purposes of enforcement, with {state statute and/or RCRA} except for those
requirements not included in the permit, which: (1) become effective by statute; (2) are
promulgated under 40 CFR part 268 restricting the placement of hazardous wastes in or on the
land; (3) are promulgated under 40 CFR part 264 regarding the leak detection systems
described at 40 CFR 270.4(a)(l)(iii); or (4) are promulgated under subparts AA, BB, or CC of 40
CFR of Part 265 limiting air emissions. [Refer to 40 CFR 270.1(c) and 270.4, Permit Conditions
II.B.2. and II.B.5 of this Permit.]
I.A.2. Issuance of this Permit does not convey any property rights of any sort or any exclusive
privilege. [Refer to 40 CFR 270.4(b) and 270.30(g).]
I.A.3. Issuance of this Permit does not authorize any injury to persons or property, any invasion
of other private rights, or any infringement of tribal, state, or local law or regulations. [Refer to
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 2 of 18
{Date}
40 CFR 270.4(c).]
I.A.4. Compliance with the terms of this Permit does not constitute a defense to any order
issued or any action brought under Sections 3008(h), 3013, or 7003 of RCRA; Sections 104,
106(a) or 107 of the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA) (42 U.S.C. §§-9601 et seq.); or any other law providing for protection of public
health or the environment. In addition, compliance with the terms of this Permit does not
constitute a defense to any order issued or any action brought under Section 3008(a), solely
with respect to those requirements set forth at 40 CFR 270.4(a)(l)(i)-(iv).
I.A.5. In instances where the Permit and the Approved Permit Application conflict, the Permit
takes precedence.
{Permit Writer: Whether the Permit Writer is incorporating the Approved Permit Application
attachments into the permit itself or citing the Approved Permit Application in the permit
condition, it is critical for the Permit Writer first to comprehensively evaluate the permit
application to ensure that the application demonstrates the applicants procedures (in detail)
that the applicant uses to satisfy compliance with all applicable requirements. The permit
application must also demonstrate how that the applicant will monitor and record their
operations and procedures to continuously demonstrate compliance with the applicable
regulations over the term of the permit. This permit application evaluation must additionally
ensure that all application information and citations in the application are up-to-date, accurate
and is otherwise correct and comprehensive of the waste activities on the facility and any
adjacent properties owned or operated by the applicant. Permit application's completeness,
written technical regulatory compliance demonstration, and information quality evaluation is a
foundational part of the permit application review process before the permit application is
determined complete. The official decision determining a permit application complete
establishes that specific permit application (by date and revision) as the Approved Permit
Application. The Approved Permit Application contains the information that the permit is based
and developed, that the permit conditions reference, and on which compliance is measured
during the term of the permit.
If the Permit Writer incorporates portions or all of the Approved Permit Application or other
attachments into the permit and that permit application information changes or is found
incorrect, the regulatory authority will have to determine the need for modification of the
permit to revise or amend the permit application or other attachments to incorporate the
changes to the facility or corrections of the information about the facility, that are incorporated
into the permit.
The Permit Writer may also cite the Approved Permit Application or other reference in the
permit condition including the date and revision of the reference. If the permit conditions
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 3 of 18
{Date}
reference the Approved Permit Application, the definition of "Approved Permit Application"
should be specified in the permit in accordance with 40 CFR 270.10 definition of "Application"
and identify the permittee's permit application revision and the date that the regulatory
authority officially determined it complete and technically adequate. Defining the Approved
Permit Application in the permit allows the regulatory authority and permittee to clearly work
from the correct version of the permit application to assess their compliance over the term of
the permit. But, to memorialize changes to the Facility and its information or corrections to the
permit application information to ensure that the Permittee, regulatory authority and the public
are aware of and participate in approval of the change to the Facility or its hazardous waste
management activities, the regulatory authority must initiate or the Permittee must officially
modify the permit per 40 CFR 270.41 and 270.42, respectively.}
{Permit Writer: If the owner and operator are different entities, include the below provision.}
I.A.6. Unless set forth specifically otherwise herein, requirements of this Permit apply to all
owners and operators of the Facility, who are referred to herein collectively as the "Permittee."
Actions by any owner or operator to be compliant with this Permit or that are non-compliant
with this Permit constitute an action of all owners and operators (except as otherwise
specified). [Refer to 40 CFR 264.1(b), 270.1(b)-(c), and 270.10(b).]
I.B. PERMIT ACTIONS
I.B.I. Permit Modification. Revocation and Reissuance, and Termination
This Permit may be modified, revoked, and reissued, or terminated for cause, in accordance
with 40 CFR 270.41 and 270.43. If at any time the {Director} determines that cause for
modification, revocation and reissuance, or termination of the Permit exists under 40 CFR
270.41 or 270.43, the {Director} may initiate a modification to the Permit, revoke and reissue
the Permit, or terminate the Permit in accordance with those sections. The initiation of a
modification to the Permit, revocation or reissuance of the Permit, or termination of the Permit
does not stay the applicability or enforceability of any Permit Condition. The filing of a request
for a permit modification, revocation and reissuance, or termination, or the notification of
planned changes or anticipated noncompliance on the part of the Permittee, does not stay the
applicability or enforceability of any Permit condition. [Refer to 40 CFR 270.4(a)(2), and
270.30(f).]
I.B.2. Modification of the Permit by the Permittee
As set forth at 40 CFR 270.42, the Permittee may request a modification of the Permit at any
time. The filing of a request for a Permit modification or the notification of planned changes on
the part of the Permittee does not stay the applicability or enforceability of any Permit
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 4 of 18
{Date}
condition. Modifications to the Permit do not constitute a reissuance of the Permit.
I.B.3. Permit Renewal
This Permit may be renewed in accordance with 40 CFR 270.30(b) and Permit Condition I.E.2.
Review of any application for a Permit renewal must consider improvements in the state of
control and measurement technology, as well as changes in applicable regulations. [Refer to
RCRA Section 3005(c)(3).]
I.C. SEVERABILITY
The provisions of this Permit are severable, and if any provision of this Permit, or any of the
information in the Approved Permit Application that any provision of this Permit may
reference, is in any circumstance contested or held invalid, the contested or invalid provision(s)
will not affect other Permit provisions that are uncontested and valid. All other provisions of
the Permit remain fully effective and enforceable. [Refer to 40 CFR 124.16(a).]
I.D. DEFINITIONS
For purposes of this Permit, terms used herein shall have the same meaning as those in 40 CFR
parts 124, 260 through 273 or other specifically cited provision as appropriate, unless this
Permit specifically provides otherwise. Terms not defined shall have the meaning given by
RCRA.
{Permit Writer: Insert here appropriate definitions or acronyms of permit terms which are not
defined in the regulations. At a minimum the Permit should include the below definitions.}
I.D.I. Approved Permit Application - means the {Facility} Resource Conservation and Recovery
Act (RCRA) Permit Application titled {Approved Permit Application title}, as received on {date},
submitted by the Permittee, and approved by {permitting authority} on {issuance date of the
regulatory authority's official decision that this revision of the applicant's permit application
was complete}, including all referenced appendices and documents, reports and workplans.
I.D.2. {Director} - means the {Administrator of the EPA Region, or the Director of the authorized
state or authorized territory} in which the Facility is located, or their designee.
I.D.3. Facility - means the {Facility} located at {address} as depicted on the map, Figure {XXX}, of
the Approved Permit Application, as described in section II.A. (General Facility Description).
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 5 of 18
{Date}
{Permit Writer: This figure should correspond with the facility description included in section 11. A.
(General Facility Description). Refer to definition of "'facility" in 40 CFR 270.2 and 40 CFR 260.10
when identifying what should be included in the General Facility Description and map.}
I.D.4. Hazardous Constituents - refers to hazardous constituents listed in 40 CFR Part 261
Appendix VIII.
I.D.5. Release - means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the environment of any hazardous
waste or hazardous constituents.
I.E. DUTIES AND REQUIREMENTS
I.E.I. Duty to Comply
The Permittee must comply with all conditions of this Permit, except to the extent and for the
duration such noncompliance is authorized by an emergency permit issued under 40 CFR
270.61 or temporary authorization issued under 40 CFR 270.42(e). Any Permit noncompliance,
other than noncompliance authorized by an emergency permit or temporary authorization,
constitutes a violation of RCRA and is grounds for enforcement action; for Permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application. [Refer
to 40 CFR 270.30(a).]
I.E.2. Duty to Reapply
If the Permittee will continue an activity allowed or required by this Permit after the expiration
date of this Permit, the Permittee shall submit a complete application for permit renewal per
40 CFR 270.30(b) and 40 CFR 270.10(h), at least {one hundred eighty (180)} calendar days
before this Permit expires, unless permission for a later date has been granted in writing by the
{Director}.
I.E.3. Permit Expiration
This Permit is effective for a fixed term not to exceed {number, e.g., for federal permits, "ten"}
years. This Permit and all conditions herein will continue in force under 5 U.S.C. 558(c) until the
effective date of a new permit if: (i) the Permittee has submitted a timely new complete
application per 40 CFR 270.10(h) and which includes information required by 40 CFR 270.13
through 270.28, and for standards in parts 260 through 268, as applicable, for a new permit,
and (ii) the {Director}, through no fault of the Permittee, does not issue a new permit with an
effective date on or before the expiration date of the previous permit. Permits continued under
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 6 of 18
{Date}
this paragraph remain fully effective and enforceable. [Refer to 40 CFR 270.10, 270.50, and
270.51.]
I.E.4. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for the Permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this Permit. [Refer to 40 CFR 270.30(c).]
I.E.5. Duty to Mitigate
In the event of noncompliance with this Permit, the Permittee must take all reasonable steps to
minimize releases to the environment and must carry out such measures as are reasonable to
prevent significant adverse impacts on human health or the environment. [Refer to 40 CFR
270.30(d).]
I.E.6. Proper Operation and Maintenance
The Permittee must at all times properly operate and maintain the Facility and systems of
treatment and control (and related appurtenances), which are installed or used by the
Permittee to achieve compliance with the conditions of this Permit. Proper operation and
maintenance include effective performance, adequate funding, adequate operator staffing and
training, and adequate laboratory and process controls, including appropriate quality
assurance/quality control procedures. This provision requires the operation of backup or
auxiliary facilities or similar systems only when necessary to achieve compliance with the
conditions of this Permit. [Refer to 40 CFR 270.30(e).]
I.E.7. Duty to Provide Information
The Permittee must furnish to the {Director}, within a reasonable time, any relevant
information which the {Director} may request to determine whether cause exists for modifying,
revoking, and reissuing, or terminating this Permit, or to determine compliance with this
Permit. The Permittee must also furnish to the {Director} upon request, copies of records
required to be kept by this Permit. [Refer to 40 CFR 270.30(h).]
I.E.8. Inspection and Entry
The Permittee must allow the {Director}, or an authorized representative, upon presenting
credentials and other documents as may be required by law, to:
I.E.8.a. Enter at reasonable times the Facility and/or the Permittee's premises where a
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 7 of 18
{Date}
regulated activity is located or conducted, or where records must be kept under the
conditions of this Permit;
I.E.8.b. Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this Permit;
I.E.8.C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this Permit;
and
I.E.8.d. Sample or monitor, at reasonable times, for the purposes of assuring Permit
compliance or as otherwise authorized by RCRA, any substances or parameters at any
location. [Refer to 40 CFR 270.30(i).]
Notwithstanding any provision of this Permit, the {Director} retains the inspection and access
authority which the EPA has under RCRA and other applicable laws.
I.E.9. Monitoring and Records
I.E.9.a. Samples and measurements taken by the Permittee for the purpose of monitoring must
be representative of the monitored activity. [Refer to 40 CFR 270.30(j)(l).]
I.E.9.a.i. The sampling and analytical methods employed by the Permittee must be
appropriate to achieve the applicable data quality objectives established by the Waste
Analysis Plan and the Quality Assurance Project Plan in the Approved Permit
Application. The Permittee shall use the sampling and analysis methods that are
referenced in the RCRA regulations, where required. The Permittee shall use
representative sampling methods consistent with the most appropriate method from
Appendix I of 40 CFR Part 261 and as identified in the Waste Analysis Plan.
{Permit Writer: Identify in the Waste Analysis Plan the representative sampling methods to be
used.}
For the purposes of this Permit, the Permittee should use the procedures
identified in the most recent version of the EPA and/or state approved policies
and guidance procedures, or an equivalent method approved by the {Director}
for collecting, shipping, analyzing, tracking and controlling samples. [Refer to 40
CFR 264.74(b) and 270.31.]
{Permit Writer: The Permittee should consider the relevant EPA and State guidance including,
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 8 of 18
{Date}
but not limited to, the following:
• Latest version of Test Methods for Evaluating Solid Waste: Physical/Chemical Methods, SW-
846javailable at https://www.epa.gov/hw-sw846).
• Environmental Information Quality Policy (March 20, 2024) (available at
https://www.epa.gov/quality/quality-program-directives).}
{Permit Writer: Third-party data validation may be required by State requirements.
Also, if the permitting authority determines it necessary for protection of human health and the
environment, the Permit Writer may include a condition requiring the laboratory providing the
analysis to be certified or accredited—in accordance with the permitting authority's
requirements—for the relevant method and analyte. See the example language directly below.
Any such determination must be explained and justified in the record supporting the permit}.
I.E.9.a.ii. Sampling analysis must be performed by a laboratory certified for the selected
method and each specific analyte for which the analysis is performed pursuant to {insert
EPA or State requirement here}, or EPA-recognized certification program criteria.
I.E.9.b. The Permittee must retain records of all monitoring information required by this Permit
(including all calibration and maintenance records and a record of all monitored measurements,
data packages including but not limited to digital and original strip chart recordings for
continuous monitoring instrumentation), copies of all reports and records required by this
Permit, the certification required by 40 CFR 264.73(b)(9), and records of all data used to
complete the application for this Permit, for a period of at least three (3) years from the date of
the sample, measurement, report, record, certification, or application. These periods may be
extended at the request of {Director} at any time and are automatically extended during the
course of any unresolved enforcement action regarding this Facility. The Permittee must
maintain records for all groundwater monitoring wells and associated groundwater surface
elevations for the active life of the Facility. [Refer to 40 CFR 264.74(b), and 270.30(j)(2).]
{Permit Writer: If the Facility is in post-closure, add the following Post-Closure Recordkeeping
condition. Refer to the 2016 Guidelines for Evaluating the Post-Closure Care Period for
Hazardous Waste Disposal Facilities under Subtitle C of RCRA, which recommends the evaluation
of compliance records.}
I.E.9.C. The Permittee must retain records from the groundwater monitoring wells (and
associated groundwater surface elevations), leak detection system, leachate collection
and removal system, and/or unsaturated zone monitoring obtained in accordance with
40 CFR 264.117(a)(1) for the duration of the post-closure care period. [Refer to 40 CFR
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 9 of 18
{Date}
270.30(j)(2).]
{Permit Writer: Insert any exceptions, if appropriate. For example: This provision does not apply
to: (1) any records required to be maintained in accordance with Permit Condition {XXX} which
must instead be subject to that requirement; or (2) to the records referenced in the Records
Retention Requirements that are required to be maintained solely under the {appropriate
regulation}, rather than under RCRA's recordkeeping authorities. An example of an exception is
40 CFR 264.347(d) which requires monitoring and inspection data for incinerating hazardous
waste be kept in the operating record for five years. Another example of an exception is 40 CFR
264.73(b)(6) which requires that records and results pertaining to groundwater monitoring and
cleanup required by 40 CFR Part 264 Subpart F be maintained in the operating record until
closure of the Facility.}
I.E.9.d. Records of monitoring information must specify, to the extent applicable:
I.E.9.d.i. The dates, exact locations, and times of sampling or measurements;
I.E.9.d.ii. The individual(s) who performed the sampling or measurements;
I.E.9.d.iii. The date(s) analyses were performed;
I.E.9.d.iv. The individual(s) who performed the analyses;
I.E.9.d.v. The analytical technique(s) or method(s) used; and
I.E.9.d.vi. The results of such analyses.
[Refer to 40 CFR 270.30(j)(3).]
I.F. REPORTING REQUIREMENTS
I.F.I. Reporting Planned Changes
Except as otherwise provided under 40 CFR 270.42, the Permittee must give {days} advance
notice to the {Director} in writing, as soon as possible, of any planned physical alterations or
additions to the permitted Facility. Any notice provided under this section must include any
necessary request for a permit modification pursuant to 40 CFR 270.42. The Permittee shall not
commence modifications or physical alterations or additions prior to receiving a permit
modification. [Refer to 40 CFR 270.30(l)(l).]
{Permit Writer: Specify a time for the submittal of the notice of any planned physical alterations
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 10 of 18
{Date}
or anticipated noncompliance. For example, 30 days advance notice.}
I.F.2. Reporting Anticipated Noncompliance
The Permittee must give {e.g., 30 days} advance notice to the {Director} of any planned changes
in the permitted Facility or activity which may result in noncompliance with Permit
requirements. For a new Facility, the Permittee may not treat, store, or dispose of hazardous
waste; and for a Facility being modified, the Permittee may not treat, store, or dispose of
hazardous waste in the modified portion of the Facility except as provided in 40 CFR 270.42
until the Permittee and a registered professional engineer certifies the modification has been
done in compliance with the permit and the {Director} has inspected and determined the
modification is compliant with the permit or has waived inspection in accordance with 40 CFR
270.30(l)(2).
{Permit Writer: The Permit Writer may be able to require the advance notice to be written if the
permitting authority has the legal authority to do so.}
I.F.3. Transfer of Permits
This Permit is not transferable to any person, except after notice to the {Director} and approval
as follows:
I.F.3.a. The Permittee shall inform the {Director} in writing and obtain prior written
approval from the {Director} before transferring ownership or operational control of the
Facility. [Refer to 40 CFR 270.40 and 270.42.]
I.F.3.b. Before transferring ownership or operation of the Facility during its operating
life, the Permittee must notify the new owner or operator in writing of the
requirements of 40 CFR Parts 264 and 270 and this Permit, including the financial
assurance requirements of 40 CFR 270.40(b). [Refer to 40 CFR 264.12(c), 270.30(l)(3)
and 270.40.]
I.F.3.C. The Permittee must inform the new owner or operator that they must submit a
revised permit application no later than {90} days prior to the scheduled change. [Refer
to 40 CFR 270.40(b).]
I.F.3.d. A written agreement containing the specific date for transfer of the Permit
responsibility to the new Permittee must also be submitted to the {Director} with the
revised permit application required by Permit Condition I.E.12.C. [Refer to 40 CFR
270.40(b).]
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 11 of 18
{Date}
I.F.3.e. The {Director} may require modification or revocation and reissuance of the
Permit to change the name of a Permittee and incorporate such other requirements as
may be necessary in accordance with 40 CFR 270.40. [Refer to 40 CFR 270.40(a).]
I.F.3.f. When a transfer of ownership or operational control occurs, the Permittee shall
comply with the requirements of 40 CFR part 264, subpart H (Financial Requirements)
until the new owner or operator has demonstrated that they are complying with the
requirements of that subpart. The new owner or operator must demonstrate
compliance with subpart H requirements within six months of the date of the change of
ownership or operational control of the facility. Upon demonstration to the {Director}
by the new owner or operator of compliance with Subpart H, the {Director} shall notify
the Permittee that they no longer need to comply with Subpart H as of the date of
notification. [Refer to 40 CFR 270.40(b).]
I.F.4. Compliance Schedule Reporting
Reports of compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this Permit or Permit Condition must be
submitted no later than 14 calendar days following each scheduled date. [Refer to 40 CFR
270.30(l)(5).]
I.F.5. Twenty-Four Hour Reporting
I.F.5.a. The Permittee must report to the {Director} any noncompliance which may
endanger human health or the environment. Any such information must be reported
orally within 24 hours from the time the Permittee becomes aware of the circumstances
using {region and/or state required specific reporting information here, for example,
"the Region's main phone number at XXX-XXX-XXXX"}, including:
I.F.5.a.i. Information concerning release of any hazardous waste that may cause
an endangerment to public drinking water supplies; and
I.F.5.a.ii. Any information of a release or discharge of hazardous waste, or of a
fire or explosion from the Facility which could threaten the environment or
human health outside the Facility. [Refer to 40 CFR 270.30(l)(6)(i).]
I.F.5.b. The description of the noncompliance and its cause must include:
I.F.5.b.i. Names, addresses, and telephone numbers of the Permittee;
I.F.5.b.ii. Name, address, and telephone number of the Facility;
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 12 of 18
{Date}
I.F.5.b.iii. Date, time, and type of incident;
I.F.5.b.iv. Name and quantity of materials involved;
I.F.5.b.v. The extent of injuries, if any;
I.F.5.b.vi. An assessment of actual or potential hazards to the environment
and/or human health outside the Facility, where this is applicable; and
I.F.5.b.vii. Estimated quantity and disposition of recovered material that resulted
from the incident. [Refer to 40 CFR 270.30(l)(6)(ii).]
I.F.5.C. A written submission must also be submitted to the {Director} within five (5) days
of the time that the Permittee first becomes aware of the circumstances. The written
submission must contain a description of the noncompliance and its cause; the period(s)
of noncompliance (including exact dates and times); whether the noncompliance has
been corrected, and, if not, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
The {Director} may waive the five-day written notice requirement in favor of a written
report within 15 days. [Refer to 40 CFR 270.30(l)(6)(iii).]
{Permit Writer: Upon receipt of a 24-hour incident report, please forward the written incident
report to EPA's Office of Resource Conservation and Recovery at
ORCRincidenttracking@epa.gov.}
I.F.6. Manifest Discrepancy Report
If a significant discrepancy in a manifest is discovered, the Permittee must attempt to reconcile
the discrepancy. If not resolved within 15 days, the Permittee must submit a letter report,
including a copy of the manifest, to the {Director}. [Refer to 40 CFR 264.72 and 270.30(l)(7).]
{Permit Writer: Note that on April 1, 2022, EPA proposed changes with respect to the manifest
discrepancy report. Should EPA finalize these changes, EPA will update the language above.}
I.F.7. Unmanifested Waste Report
This report must be submitted to the {Director} within 15 days of receipt of unmanifested
waste. [Refer to 40 CFR 264.76 and 270.30(l)(8)]
{Permit Writer: Note that on April 1, 2022, EPA proposed changes with respect to the manifest
EPA RCRA Hazardous Waste Model Permit (Guidance)
Last Updated: October 2024
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 13 of 18
{Date}
discrepancy report. Should EPA finalize these changes, EPA will update the language above.}
I.F.8. Biennial Report
The Permittee must submit a biennial report covering facility activities during odd numbered
calendar years. [Refer to 40 CFR 264.75 and 270.30(l)(9).]
I.F.9. Other Noncompliance
The Permittee must report all other instances of noncompliance not otherwise required to be
reported in Permit Conditions I.F.I, through I.F.4., at the time monitoring reports are
submitted. The reports must contain the information listed in Permit Condition I.F.5. [Refer to
40 CFR 270.30(l)(10).]
{Permit Writer: Use the above language only if the facility is required to submit monitoring
reports.}
The Permittee must report all other instances of noncompliance not otherwise required to be
reported in Permit Conditions I.F.I, through I.F.4., within 60 calendar days, in a "Report of Non-
Compliance" submitted in accordance with Permit Condition I.H. The Reports of Noncompliance
must contain the information listed in Permit Conditions I.F.3.a. and I.F.3.b. [Refer to 40 CFR
270.30(l)(10).]
I.F.10. Other Information
Whenever the Permittee becomes aware that the Permittee failed to submit any relevant facts
in a Permit application or submitted incorrect information in a Permit application or in any
report to the {Director}, the Permittee must promptly submit such facts or information no later
than {15} calendar days upon discovery of the omission or incorrect information. [Refer to 40
CFR 270.30(l)(ll).]
I.F.ll. Certification of Construction or Modification
{Permit Writer: This certification condition (I.F.ll.) only applies if the facility is new, modified, or
contains, or will contain, new units, unit expansions, or modified units. Do not include this
condition if the Permit is for an existing Facility containing existing units only.}
The Permittee may not commence {treatment, storage, and/or disposal} of hazardous waste
{"at the facility" or "in the modified portion of the facility"} until the Permittee has submitted to
the {Director}, by certified mail or hand delivery to {insert specific method of delivery
requirements}, a letter signed by the Permittee and a registered professional engineer stating
EPA RCRA Hazardous Waste Model Permit (Guidance)
Last Updated: October 2024
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 14 of 18
{Date}
that the facility has been constructed or modified in compliance with the Permit; and
I.F.ll.a. The {Director} has inspected the modified or newly constructed facility and
finds it is in compliance with the conditions of the Permit; or
I.F.ll.b. The {Director} has either waived the inspection or has not within 15 days of the
date of submission of the letter required in this condition notified the Permittee of their
intent to inspect. [Refer to 40 CFR 270.30(l)(2).]
I.G. SIGNATORY REQUIREMENT
All applications, reports, or information submitted to or requested by the {Director} or a
designee or authorized representative of the {Director} shall be signed and certified in
accordance with 40 CFR 270.11 and 270.30(k).
I.H. REPORTS. NOTIFICATIONS. AND SUBMISSIONS
I.H.I. Except as provided in Permit Condition I.H.3, all reports, correspondence, notices, or
other submissions that require a signature and are required in this Permit to be submitted to
the {Director}, must be delivered by U.S. Postal Service or private courier service to:
{Delivery address}
I.H.2. All deliverables submitted in paper form pursuant to Permit Condition I.H.I, must also be
submitted in electronic format to the addressee(s) identified in Permit Condition I.H.3.
1.H.3. All reports, correspondence, notices, or other submissions required by this Permit to be
submitted to the {Director} must be submitted by electronic mail to: {email address or other
electronic delivery method}.
I.I. CONFIDENTIAL INFORMATION
In accordance with 40 CFR 270.12, the Permittee may claim information to be submitted by this
Permit as entitled to confidential treatment at the time of submittal. If the Permittee asserts
such a claim, the information will be treated in accordance with the procedures in 40 CFR Part
2. If no claim is made at the time of submission, the information may be made available to the
public without further notice. [Refer to 40 CFR Part 2, Subpart B, and 40 CFR 270.12.]
I.J. DOCUMENTS TO BE MAINTAINED AT THE FACILITY
I.J.I. In addition to the Permit, Approved Permit Application and any modifications thereof
EPA RCRA Hazardous Waste Model Permit (Guidance) Last Updated: October 2024
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 15 of 18
{Date}
during the term of the Permit, the Permittee must maintain at the Facility or at an approved
location identified in the Approved Permit Application, the following documents and all
amendments, revisions, and modifications to these documents, at a minimum:
I.J.I.a. Waste Analysis Plan, as required by 40 CFR 264.13 and this Permit;
I.J.l.b. Inspection schedules, as required by 40 CFR 264.15(b)(2) and this Permit;
I.J.I.e. Personnel training documents and records, as required by 40 CFR 264.16(d) and this
Permit, although training records on current personnel must be kept until closure of the
Facility, training records on former employees must be kept for at least three (3) years from
the date the employee last worked at the Facility in accordance with 40 CFR 264.16(e);
I.J.l.d. Contingency Plan, as required by 40 CFR 264.53(a) and this Permit;
I.J.I.e. Operating record, as required by 40 CFR 264.73 and this Permit;
I.J.l.f. Closure Plan, as required by 40 CFR 264.112(a) and this Permit;
{Permit Writer: Under 40 CFR 264.197(c), 264.228(c) and 264.258(c), owners and operators of
certain tanks, surface impoundments, and waste piles must have Contingent Closure Plans. If
the Permit will require the Permittee to have a Contingent Closure Plan, then add the plan to
this list.}
{Permit Writer: If appropriate add the Post-Closure Plan document.}
I.J.l.g. Post-Closure Plan, as required by 40 CFR 264.118(a) and this Permit.
{Permit Writer: Only owners and operators of disposal units are required to have Post-Closure
Plans. Under 40 CFR 264.197(c), 264.228(c) and 264.258(c), owners and operators of certain
tanks, surface impoundments, and waste piles must have Contingent Post-Closure Plans. If this
Permit will require the Permittee to have a Contingent Post-Closure Plan, then add the plan to
this list.}
I.J.l.h. Annually adjusted cost estimates for Facility closure {and/or post-closure and/or
corrective action}, as required by 40 CFR 264.142(d), 40 CFR 264.144(d), and 40 CFR
264.101(b), and this Permit;
I.J.l.i. Documents implementing Corrective Action for Solid Waste Management Units at the
Facility as required by 40 CFR 264.101 and this Permit, including, as required, RCRA Facility
Assessments, RCRA Facility Investigations, Corrective Measures Studies, Remedy Selection
EPA RCRA Hazardous Waste Model Permit (Guidance)
Last Updated: October 2024
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 16 of 18
{Date}
Documents, and others as specified in the Permit;
I.J.l.j. A copy of the current completeness determination and current approved Permit
Application including all appendices and attachments;
I.J.l.k. All other documents required to be maintained for the active life of the Facility in
accordance with the requirements of this Permit.
I.J.2. For the purposes of the requirement that records be maintained "at the Facility or at an
approved location identified in the Approved Permit Application" in accordance with this
Permit Condition, except for the Contingency Plan, such records may be maintained in either
hardcopy at the Facility or electronic format, provided they are made available to and are
readily accessible to the {state authority and} EPA for the period that applies to the record.
[Refer to also Permit Condition {appropriate General Facility Conditions module condition}
(Contingency Plan.)]
I.J.3. All records, including plans, required under this Permit must be furnished upon request,
and made available at all reasonable times for inspection by any officer, employee, or
representative of the {state authority and} EPA who is duly designated by the {Director}. [Refer
to 40 CFR 264.74(a).]
I.K. INFORMATION REPOSITORY
{Permit Writer: If requiring the Permittee to establish and maintain an information repository,
use the following Permit Conditions.}
I.K.I. The Permittee must establish and maintain an Information Repository that meets the
requirements of 40 CFR 124.33. The Information Repository must include, but it is not limited
to, the following records:
I.K.I.a. Final Permit and Attachments;
I.K.l.b. Current Approved Permit Application including appendices and attachments;
I.K.I.e. Any pending requests for Permit Modifications or Renewal;
I.K.l.d. All Final Permit Modifications; and
I.K.I.e. Any documents such as Performance Demonstration Test (PDT) Work Plans, PDT
Reports, and Human Health and Ecological Risk Assessment Updates, approved by the
{Director} in the preceding 3 years.
EPA RCRA Hazardous Waste Model Permit (Guidance)
Last Updated: October 2024
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RCRA PERMIT
{Facility Name and Location}
EPA ID# {XXX}
MODULE I, Page 17 of 18
{Date}
I.K.l.f. Final EPA RCRA Inspection Reports for the preceding 3 years.
I.K.2. The information repository must be located and maintained at a site chosen by the
Permittee and approved by the {Director} and must include an electronic, internet-based
repository with a backup repository location. If an electronic, internet-based repository is used
for the information repository, it must be publicly accessible, and maintained by the Permittee
to allow public access to the records on as continuous a basis as is technically feasible. [Refer to
40 CFR 124.33 (d) and 40 CFR 270.30(m).]
I.K.2. The Permittee must update the information repository with appropriate information
when permit events take place (e.g., permit modifications, {relevant events, e.g., trial burn
tests}) and at least every five (5) years throughout the life of this Permit. Records maintained in
the information repository need only be maintained for the periods of time otherwise required
by this Permit. [Refer to 40 CFR 124.33(f) and 270.30(m).]
I.K.3. Notice of the location of the information repository must be sent to all persons on the
Facility mailing list in accordance with Permit Condition {XXX}. [Refer to Permit Condition {XXX},
and 40 CFR 124.33(e) and 270.30(m).]
I.L. COMPLIANCE SCHEDULE
The Permittee must comply with the Compliance Schedule(s) located in {list specific module
locations or appendix to this permit}. The permittee shall certify accomplishment of an item
listed in the Compliance Schedule in a written notice to the {Director} within {5} calendar days
of accomplishing each item listed in the compliance schedule. [Refer to 40 CFR 270.33.]
{Permit Writer: You can either outline a module-specific compliance schedule in each module or
consolidate all compliance requirements in a permit compliance schedule appendix to the
Permit.}
{Permit Writer: If the Permit Writer elects to include a compliance schedule in this module or in
the permit conditions or in an appendix or attachment to the Permit, the compliance schedule
should clearly outline what the Permittee is being requested to do, refer to the permit condition
requiring it, and date(s)/time period by which the Permittee must accomplish and/or submit the
required action or submittal.}
EPA RCRA Hazardous Waste Model Permit (Guidance)
Last Updated: October 2024
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