III-123

Managing Hazardous Waste — RCRA Subtitle C SECTION III SECTION III

Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities

CHAPTER 8

PERMITTING OF TREATMENT, STORAGE

AND DISPOSAL FACILITIES

In this chapter...

Overview........................................................... III-123

Applicability....................................................... III-124

Permitting Process ........................................... III-125

- Informal Meeting Prior to Application ............ III-125

- Permit Submission ........................................ III-126

- Permit Review ............................................... III-126

- Preparation of the Draft Permit ..................... III-127

- Taking Public Comment................................. III-128

- Finalizing the Permit ...................................... III-128

Permit Administration ....................................... III-128

- Omnibus Provision ........................................ III-129

- Permit-as-a-Shield......................................... III-130

Interim Status ................................................... III-130

- Qualifying for Interim Status .......................... III-131

- Changes During Interim Status ..................... III-131

- Termination of Interim Status......................... III-131

Special Forms of Hazardous Waste Permits .... III-132

- Permits-by-Rule............................................. III-132

- Emergency Permits ....................................... III-132

- Research, Development, and Demonstration

Permits .......................................................... III-132

- Land Treatment Demonstration Permits ....... III-133

- Combustion Permits ...................................... III-133

- Post-Closure Permits .................................... III-134

Summary .......................................................... III-134

OVERVIEW

When RCRA was enacted, Congress

recognized the risks posed by the treatment,

storage, and disposal of large volumes of

hazardous waste at TSDFs. Considering these

risks, Congress felt that TSDF management

activities needed to be closely regulated to prevent

spills, accidents, and mechanical failures. In

addition, because these activities involve different

units and different waste management methods,

they require tailored standards. For example, land

disposal units need precautions, such as liners and

ground water monitoring, to ensure protection of

ground water resources. Similarly, incinerators

need special provisions, such as emission control

requirements, to ensure protection of air

resources. In response to these concerns, EPA

promulgated extensive technical standards for the

design and safe operation of hazardous waste

TSDFs (these regulations are fully discussed in

Section III, Chapter 5). However, these design and

operating standards were not enough. Congress

wanted a more tangible guarantee that TSDFs

would comply with their extensive management

standards in a way that would adequately protect

human health and the environment.

TSDFs are unique in that their owners and

operators choose to enter the hazardous waste

industry. Unlike generators who produce

hazardous waste incidental to their normal

business operations, TSDF owners and operators

make it their business to manage hazardous waste.

Because these facilities choose to enter the

hazardous waste industry, and engage in waste

management processes that pose varied and

extensive risks to human health and the

environment, Congress wanted to ensure that

these facilities would comply with the TSDF

standards.
III-124

 SECTION III SECTION III Managing Hazardous Waste — RCRA Subtitle C

Chapter 8: Permitting of Treatment, Storage,, and Disposal Facilities

APPLICABILITY

All TSDF owners and operators must submit a

comprehensive permit application that covers the

full range of TSDF standards, including general

facility provisions, unit-specific requirements,

closure and financial assurance standards, and any

applicable ground water monitoring and air

emissions provisions. The permit application must

demonstrate that the permittee’s methods of

handling the waste are consistent with the level of

protection of human health and the environment

required by RCRA.

Some facilities are not required to obtain a

RCRA permit when handling hazardous waste

provided that they meet certain conditions

specified in the regulations. EPA has determined

that the requirements of the permit process would

place an unnecessary regulatory burden on these

facilities because the manner in which they

manage the waste does not pose a significant

threat to human health and the environment.

These exceptions include:

• LQGs accumulating waste on site for less than

90 days (as discussed in Section III, Chapter 3)

• SQGs accumulating waste on site for less than

180 days (as discussed in Section III, Chapter

3)

• Farmers disposing of waste pesticides and

container residues on their own land

• Owners and operators of ENUs, TETUs, and

WWTUs (as discussed in Section III, Chapter 5)

• Transporters storing manifested wastes at

transfer facilities for a period of 10 days or less

(as discussed in Section III, Chapter 4)

• Owners and operators performing containment

activities during an immediate response to an

emergency

As a result, TSDFs are required to obtain

permission, in the form of an operating permit,

which establishes the administrative and technical

conditions under which waste at the facility must

be managed. Specifically, permits provide TSDF

owners and operators with the legal authority to

treat, store, or dispose of hazardous waste and

detail how the facility must comply with the

regulations. Compliance with this permit ensures

that hazardous waste is handled in a controlled

manner that is protective of human health and the

environment. Permits also serve as an

implementation mechanism, and as a means by

which EPA can track waste management at

facilities that choose to handle hazardous waste.

Permits can be issued by EPA, authorized

states, or both. The permitting agency has the

authority to issue or deny permits and is

responsible for verifying that facilities are

operating in compliance with the conditions set

forth in that permit. Owners and operators of

facilities that do not comply with permit provisions

are subject to possible RCRA enforcement actions,

including financial penalties.

WHAT ARE PERMITS?

TSDFs are required to obtain permission, in the form

of an operating permit, that establishes the

administrative and technical conditions under which

waste at the facility must be managed. Permits

provide TSDF owners and operators with the legal

authority to treat, store, or dispose of hazardous

waste and detail how the facility must comply with

the regulations. Compliance with this permit ensures

that hazardous waste is handled in a controlled

manner that is protective of human health and the

environment. Permits also serve as an

implementation mechanism, and as a means by

which EPA can track waste management at facilities

that choose to handle hazardous waste.
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Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities

• Universal waste handlers and transporters (as

discussed in Section III, Chapter 2)

• Persons adding absorbent material to

hazardous waste in a container and persons

adding waste to absorbent material in a

container.

If any of these facilities treat, store, or dispose

of hazardous waste in a manner not covered by

one of these exclusions, they are subject to the

RCRA permit requirements for that activity. For

example, if a LQG exceeds the 90-day

accumulation time limit, the facility becomes a

storage facility and the owner and operator must

obtain RCRA operating permit.

Recycling units are also exempt from

permitting requirements because the recycling

process itself is exempt from RCRA (except for

some air emission standards). However, recycling

facility owners and operators must follow all

applicable Subtitle C requirements (including the

requirement to obtain a permit) for any waste

management prior to recycling.

PERMITTING PROCESS

Owners and operators who are subject to the

permitting requirements must submit a permit

application in accordance with specific permit

application procedures (see Figure III-31). While

the operator has the duty to obtain the permit,

both the owner and operator must sign it. These

procedures have been established to account for

facility-specific conditions by providing flexibility

and ample opportunity for public involvement.

■ Informal Meeting Prior to Application

Prior to submitting a permit application, an

applicant must announce and hold an informal

meeting with the public. The purpose of this

meeting is for the applicant to explain the

Figure III-31: THE PERMITTING PROCESS

Permitting agency evaluates 

whether permit satisfies technical 

requirements and makes 

preliminary decision to issue or 

deny the permit

If decision to issue permit, 

permitting agency prepares 

draft permit

If application is complete, 

permitting agency notifies 

permittee of application’s

completeness

If application is incomplete, 

permitting agency issues as 

many notices of deficiency as 

necessary until application is 

complete

If decision to deny permit, 

permitting agency issues 

notice of intent to deny

Applicant holds informal 

meeting with the public 

prior to permit application 

Applicant submits 

Part A and Part B 

permit applications

Permitting agency announces receipt of permit 

application, makes application available for public 

review and comment, and reviews application to 

verify completeness

Permitting agency announces 

decision and issues fact sheet 

explaining decision

FINAL PERMIT DECISION

Public has 45 days to 

comment on the decision
III-126

 SECTION III SECTION III Managing Hazardous Waste — RCRA Subtitle C

Chapter 8: Permitting of Treatment, Storage,, and Disposal Facilities

operating plans for the facility to the public,

including the waste the facility will handle and

associated waste management processes, and for

the public to pose questions and make

suggestions. This informal public meeting is also

intended to provide the owner and operator with

issues and concerns to consider when drafting the

permit. The permitting agency also uses this

meeting to compile a mailing list for future public

outreach.

■ Permit Submission

After the public meeting, the applicant can

submit the permit application to the permitting

agency. The permit application is divided into two

parts, Part A and Part B. The Part A application is

submitted on a designated form, EPA Form 8700-

23, and requires basic information about the

facility, such as the name of the facility owner and

operator, the facility location, the hazardous waste

management processes, the design capacity of

these processes, and the hazardous waste that will

actually be handled at the facility. The Part B

application is submitted in narrative form and

provides site-specific information associated with

the waste management activities that will be

conducted at the facility, and includes geologic,

hydrologic, and engineering data (see Figure III32). The Part B application covers the details

associated with the waste management activities

that will occur at the facility, and therefore often

consists of volumes of documents.

Owners and operators of new facilities must

submit Parts A and B simultaneously. This

submission must occur at least 180 days prior to

the date on which physical construction is

expected to begin. An owner and operator

cannot begin construction of the facility until the

application is reviewed and a final permit is

issued.

■ Permit Review

The permitting agency announces its receipt of

the permit application and makes the application

available for public review and comment.

Simultaneously, the agency reviews the application

to verify its completeness. If the permitting

agency determines that the application is

incomplete, it issues a notice of deficiency to the

permittee describing the additional information

Part A

• Activities conducted that require a permit

• Facility name, mailing address, and location

• Facility standard industrial classification (SIC) codes

• Treatment, storage, and disposal processes

• Design capacity of waste management units

• List of wastes to be managed at facility

• Permits received or applied for under other regulatory 

 programs

• Topographic map.

Part B

• General facility description

• Analyses of wastes to be managed

• Facility security procedures

• Inspection schedule

• Contingency plan

• Procedures and precautions to prevent release of waste

 into environment

• Procedures and precautions to prevent accidental 

 ignition or reaction of waste

• Facility location information.

Figure III-32:

EXAMPLES OF PART A AND PART B

INFORMATION REQUIREMENTS
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Managing Hazardous Waste — RCRA Subtitle C SECTION III SECTION III

Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities

In addition, the draft permit includes a

statement of the permitting agency’s right to

modify, revoke and reissue, or terminate the

permit as necessary.

The draft permit also includes the term of the

permit. RCRA permits are effective for a fixed

term of a maximum of 10 years. Limiting permit

duration assures that facilities are periodically

reviewed and that their requirements are updated

to reflect the current state-of-the-art hazardous

waste management practices. Considering the

increased risks posed by the management of

hazardous waste on the land, land disposal unit

permits are to be reviewed five years after the

date of issuance or reissuance and modified as

necessary.

If a facility needs to conduct corrective action,

but cannot complete the cleanup before the

permit is issued, the permitting agency may

include a schedule of compliance in the permit.

This schedule establishes interim and final dates

for the completion of specific cleanup goals, as

well as reporting requirements.

that is necessary for a complete application. Such

notices can be issued numerous times during the

permit review and revision process. Each time the

agency receives information, it reviews the

content, and if necessary, issues another notice

until the application is complete.

When the application contains all of the

necessary information, the permitting agency

notifies the permittee of the application’s

completeness and will begin an evaluation to

determine whether it satisfies the appropriate

technical requirements. After the evaluation, the

permitting agency makes a preliminary decision

on whether to issue or deny the permit. If the

permitting agency determines that the application

is complete and satisfies all applicable

requirements, the agency prepares a draft permit.

If the permitting agency determines that the

application does not demonstrate compliance

with the RCRA standards, it will tentatively deny

the permit and issue a notice of intent to deny.

■ Preparation of the Draft Permit Preparation of the Draft Permit

In preparing the draft permit, the

implementing agency incorporates all applicable

technical requirements and all other conditions

associated with the operations to be conducted at

the facility into the permit. In addition, general

and administrative conditions are placed in all

draft permits and require the permittee, among

other things, to:

• Comply with all provisions of the permit

• Provide any relevant information that is

requested by the permitting agency

• Comply with all reporting requirements

• Allow the facility to be inspected

• Take all reasonable steps to protect human

health and the environment.
III-128

 SECTION III SECTION III Managing Hazardous Waste — RCRA Subtitle C

Chapter 8: Permitting of Treatment, Storage,, and Disposal Facilities

■ Taking Public Comment Taking Public Comment

Once the draft permit is complete, or the

notice of intent to deny has been issued, the

permitting agency announces its decision by

sending a letter to everyone on the facility mailing

list, placing a notice in a local paper, and

broadcasting the decision over the radio. The

permitting agency also issues a fact sheet to

explain the decision. After the announcement,

the public has 45 days or more to comment on

the decision. Citizens may request a public

hearing to address concerns by contacting the

permitting agency. The permitting agency may

also hold a hearing at its own discretion, if

deemed necessary. There is at least a 30-day

public notice period before the hearing is

convened.

If information submitted during the initial

comment period appears to raise substantial new

questions concerning the permit, the permitting

agency may reopen or extend the comment

period. In this situation, the permitting agency

may also decide to revise the draft permit or issue

a notice of intent to deny.

■ Finalizing the Permit Finalizing the Permit

After the comment period closes, the

implementing agency prepares a response to all

significant public comments and makes the final

permit decision by either issuing or denying the

permit. The owner and operator may appeal the

decision to EPA’s Environmental Appeals Board.

When this administrative appeal is exhausted, the

petitioner may seek judicial review of the final

permit decision.

PERMIT ADMINISTRATION

EPA views permits as living documents that

can be modified to allow facilities to implement

technological improvements, comply with new

environmental standards, respond to changing

waste streams, and generally improve waste

management practices. The permitting agency

cannot anticipate all of the administrative,

technical, or operational changes required over

the permit term for the facility to maintain a stateof-the-art operation, and therefore, permit

modifications are inevitable. The regulations

governing permit modifications were developed to

provide owners and operators and EPA with

flexibility to change permit conditions, expand

public notification and participation opportunities,

and allow for expedited approval if no public

concerns exist regarding a proposed change.

Permit modifications can be requested by either

the permittee or the permitting agency.

The regulations for permittee-requested

modifications establish three classes of

modifications. Class 1 modifications cover routine

changes, such as correcting typographical errors or

replacing equipment with functionally equivalent

equipment. Class 2 modifications address

common or frequently occurring changes needed

to maintain a facility’s level of safety or a facility’s

requirement to conform to new regulations. Class

3 modifications cover major changes that

substantially alter the facility or its operations (see

Figure III-33). Procedures differ among the three

classes of permittee-requested modifications

based on the degree of change. Class 1

modifications have minor administrative
III-129

Managing Hazardous Waste — RCRA Subtitle C SECTION III SECTION III

Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities

Figure III-33: EXAMPLES OF PERMIT MODIFICATION CLASSIFICATIONS

requirements and may or may not need prior

Agency approval. Class 2 and 3 modifications

have more substantial administrative requirements

and require prior Agency approval followed by a

process similar to the permitting process.

The permitting agency may request a permit

modification if there are substantial alterations or

additions to the facility, if new information is

received by the permitting agency that was not

available at the time of permit issuance, or if new

regulations or judicial decisions affect the

conditions of the permit. The permitting agency

will request that the facility initiate the

modification procedures for the type of change

being requested. The permitting agency may

terminate a permit if the facility fails to comply

with any condition of the permit or does not

disclose or misrepresents any relevant facts, or if

the permitted activity endangers human health

and the environment.

■ Omnibus Provision

Some hazardous waste management practices

may pose threats to human health and the

environment that are not specifically addressed by

the RCRA regulations. To address such instances,

HSWA increased the authority of EPA when

writing permits by creating the omnibus

provision. This authority allows EPA to add

conditions that are not specifically described in

Part 264 to an operating permit, where the permit

writer demonstrates that the additional standards

are necessary to protect human health and the

environment. For example, EPA could invoke the

omnibus authority to require a TSDF owner and

operator to conduct a site-specific risk assessment

of the impact on endangered species before

issuing an operating permit to the facility, even

though such risk assessments are not specifically

mandated by the RCRA regulations.

Class 1 Class 2 Class 3

Adminstrative and informational

changes

Changes in frequency 

or content of inspection 

schedules

Addition of corrective action 

program

Changes in names, addresses, 

and phone numbers of 

emergency coordinators

Extensions of post-closure 

care period

Creation of a new landfill as 

part of closure

Correction of typographical 

errors

Changes to corrective action 

program

Addition of compliance 

monitoring to ground water 

monitoring program

Changes to waste sampling 

and analysis methods to 

comply with new regulations

Changes to facility training plan 

that affect the type or amount

of employee training

Reduction in post-closure 

care period

Addition of temporary 

incinerator 

for closure activities

Changes to analytical 

quality assurance and quality 

control plan to comply with new 

regulations

Changes in number, location,

depth, or design of groundwater 

monitoring wells

Note: Permit modifications are classified thoroughly in 40 CFR §270.42, Appendix I
III-130

 SECTION III SECTION III Managing Hazardous Waste — RCRA Subtitle C

Chapter 8: Permitting of Treatment, Storage,, and Disposal Facilities

HOW DOES INTERIM STATUS OPERATE?

Beginning in 1980, XYZ Corporation began treating

and storing nonhazardous petroleum refinery

sludges at one of its facilities. On November 2,

1990, EPA promulgated F037 and F038 hazardous

waste listings for such sludges. As a result, the

sludges became subject to the hazardous waste

regulations and XYZ’s facility became subject to

the RCRA TSDF standards. However, rather than

ceasing operations, the facility was allowed to

operate under the interim status provisions until it

received an operating permit. Under these

provisions, XYZ was required to submit a Part A

permit application six months after the date of

publication of the regulatory change that subjected

it to the RCRA standards (i.e., by May 2, 1991).

XYZ’s Part B permit application must be submitted

when requested by the permitting agency. The

permitting agency will give the facility at least six

months from the date of request to submit the Part

B. If XYZ is managing these sludges in land

disposal units, the owner and operator must submit

their Part B within 12 months of becoming subject

to the regulations (i.e., by May 2, 1992) or they will

lose interim status.

■ Permit-as-a-Shield

In general, compliance with a RCRA permit is

considered compliance with the RCRA regulations

for enforcement purposes. This gives permittees

the security of knowing that if they comply with

their permits, they will not be enforced against for

violating new requirements that were not

established in the original permit. This is referred

to as the permit-as-a-shield provision. EPA

believes that the most useful purpose of a permit

is to specifically prescribe the requirements that a

facility has to meet to allow that facility to plan

and operate with knowledge of what rules apply.

While permit-as-a-shield protects a facility

from having to comply with new regulatory

requirements that were not included in the

original operating permit, some regulatory

requirements are of such importance to the

protection of human health and the environment

that EPA feels that TSDFs should have to comply

with them immediately. As a result, the permit-asa-shield provision does not apply to some types of

new regulatory provisions. Examples are the LDR

standards, the liner and leak detection

requirements for certain land disposal units, and

the organic air emissions provisions.

INTERIM STATUS

Many TSDFs were already existing and

operating when they became subject to RCRA

regulatory requirements as a result of a statutory or

regulatory change. These owners and operators

were immediately subject to the RCRA

requirements, including the requirement to obtain

an operating permit. Many of these facilities were

not able to immediately meet the required TSDF

design and operating standards in order to obtain

an operating permit. Congress recognized that it

would be virtually impossible for the Agency and

authorized states to issue permits to all existing

TSDFs before the RCRA Subtitle C program

became effective in November 1980. As a result,

Congress established provisions to give these

facilities “interim status.” Interim status allows a

facility to operate without a permit as long as it

complies with certain general facility and unitspecific TSDF standards until the implementing

agency can make a final permit determination

(interim status TSDF standards are fully discussed

in Section III, Chapter 5). These interim status

requirements are self-implementing until the

facility submits its Part B permit application and

receives its final permit.
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Managing Hazardous Waste — RCRA Subtitle C SECTION III SECTION III

Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities

■ Qualifying for Interim Status

In order to qualify for interim status, the

facility must have:

• Existed (operating or in construction) on the

effective date of the rule that brought the

facility into the RCRA program

• Submitted a Part A permit application

• Notified EPA of hazardous waste activity.

■ Changes During Interim Status

Changes can be made to a facility operating

under interim status provided that the owner and

operator submits a revised Part A permit

application that includes justification for the

proposed change before any changes are made.

The following changes are permissible:

• Management of hazardous wastes not

previously identified in Part A of the permit

application

• Increases in the design capacity of processes

used at the facility

• Changes to, or additions of, hazardous waste

processes

• Changes in the ownership or operational

control of the facility

• Changes made in accordance with an interim

status corrective action order under §3008(h)

(corrective action is fully discussed in Section

III, Chapter 9)

• Addition of newly regulated hazardous waste

units.

Changes to an interim status facility may not

be made if they amount to “reconstruction” of the

facility. Any change that requires a capital

expenditure exceeding 50 percent of the cost of

construction of a comparable new facility is

considered reconstruction. This reconstruction

prohibition prevents interim status facilities from

constructing entirely new facilities while operating

under self-implementing standards, in order to

avoid the scrutiny of the permitting process that

would otherwise apply to new facilities. The

reconstruction prohibition does not apply if the

changes are necessary to comply with the LDR

regulations, the hazardous waste tank regulations

or a corrective action order, among other things.

■ Termination of Interim Status

Interim status is terminated either when the

permitting agency makes a final determination on

the Part B permit application (to either issue or

deny a permit), or when the facility fails to furnish

a Part B application on time.

An owner and operator of an interim status

facility may submit the Part B voluntarily or in

response to a request from the state or EPA.

However, an owner and operator of a facility

already in existence must submit the Part B in

accordance with HSWA-mandated deadlines for

specific types of units. If a permittee fails to

submit the Part B before the expiration of the

specified statutory time period, the facility loses

interim status immediately. These deadlines were

imposed because Congress wanted to ensure that

hazardous waste management units that posed

increased threats to human health and the

environment would not operate in interim status

indefinitely.
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 SECTION III SECTION III Managing Hazardous Waste — RCRA Subtitle C

Chapter 8: Permitting of Treatment, Storage,, and Disposal Facilities

SPECIAL FORMS OF HAZARDOUS

WASTE PERMITS

Some unique hazardous waste management

operations and practices require special permit

provisions. These provisions provide the

permitting agency flexibility in developing permit

conditions and procedures for permit

administration. These special forms of permits

include:

• Permits-by-rule

• Emergency permits

• RD&D permits

• Land treatment demonstration permits

• Combustion permits

• Post-closure permits.

■ Permits-by-Rule

EPA issues permits under different

environmental statutes. In some instances, the

RCRA regulations may overlap with the

requirements of another statute. In order to avoid

unnecessary duplicative regulation, RCRA allows

these facilities’ non-RCRA permit to serve in place

of a RCRA permit, provided that such facilities are

in compliance with that permit and other basic

RCRA administrative requirements. Permits-byrule are available for:

• Ocean disposal vessels and barges regulated

under MPRSA

• UIC wells regulated

under SDWA

• POTWs regulated under

CWA.

■ Emergency Permits

In emergency situations, EPA can forego the

normal permitting process for hazardous waste

management activities. Specifically, when EPA or

an authorized state finds there is an imminent and

substantial endangerment to human health and

the environment, it can issue a temporary

emergency permit to allow treatment, storage, or

disposal of hazardous waste by a nonpermitted

facility or by a permitted facility that has not been

permitted to engage in such activity. The duration

of an emergency permit cannot exceed 90 days.

■ Research, Development, and

Demonstration Permits

Owners and operators who propose to use

innovative hazardous waste treatment

technologies can receive a RD&D permit,

provided that permit standards for such an activity

have not already been established by EPA. The

RD&D permit requirements specify that a facility

can only receive those wastes necessary to

determine the efficiency of the treatment

technology. RD&D permits provide for the

construction and operation of the facility for up to

one year, but may be renewed up to three times

with each renewal not exceeding one year. In

order to expedite the issuance of RD&D permits,

EPA may modify or waive the usual permit

application and issuance requirements, with the

exception of financial responsibility and public

participation. When issuing RD&D permits, EPA

must maintain consistency with its mandate to

protect human health and the environment.
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Managing Hazardous Waste — RCRA Subtitle C SECTION III SECTION III

Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities

■ Land Treatment Demonstration Permits

Before a land treatment facility can obtain a

final permit, the owner and operator must

demonstrate that hazardous constituents in a

waste can be completely degraded, transformed,

or immobilized in the treatment zone. Land

treatment demonstration permits allow an owner

and operator to perform these required treatment

demonstrations in order to obtain a final TSDF

operating permit. Such demonstration permits are

issued for treatment or disposal, and may include

field tests or laboratory analysis conditions, unit

design criteria, construction standards, operation

provisions, and maintenance requirements (land

treatment unit standards are fully discussed in

Section III, Chapter 5).

■ Combustion Permits

Combustion permits specify the conditions

under which a combustion facility must operate.

A facility’s permit specifies the operating

conditions, such as waste feed rate, unit

temperature, gas velocity, and carbon monoxide

emissions, which guarantee that a combustion unit

will meet its respective performance standards

(i.e., pollutant-specific air emissions limitations).

The permit also specifies combustion unit waste

analysis, inspection and monitoring, and residue

management requirements. (Standards for

combustion units are fully discussed in Section III,

Chapter 7.) Additionally, the permit sets

conditions for all other hazardous waste storage,

treatment, and disposal units at the facility.

Owners and operators must obtain a RCRA

operating permit before beginning construction of

a combustion unit. However, it is impossible to

prescribe which specific operating conditions will

limit air emissions without a constructed unit that

the owner and operator can actually test to

determine if adequate protection of human health

and the environment is being achieved. As a

result, the permit process for combustion units is

comprised of four phases intended to test the

unit’s operation prior to the issuance of the final

permit to ensure that the unit can operate in

accordance with its operating conditions (see

Figure III-34). These phases include:

• Shake-down period, during which the

combustion unit is brought to the level of

normal operating conditions in preparation for

the trial burn

• Trial burn, during which burns are conducted

so that performance can be tested over a

range of conditions

• Post-trial burn, during which the data from the

trial burn is evaluated and the facility may

operate under conditions specified by the

permitting agency

• Final operating period, which continues

throughout the life of the permit.

The permitting agency

specifies operating conditions

for all phases based on a

technical evaluation of the

combustion unit’s design, the

information contained in the

permit application and trial

burn plan, and results of

burns from other combustion

units. The operating

conditions are established

such that the combustion unit

will theoretically meet

performance standards at all

times. The results from the

trial burn are used to verify

the adequacy of the proposed

operating conditions.

Final Permit 

Decision

Construction of 

Combustion Unit

Shake-Down

Period 

Trial Burn

Post-Trial Burn

Final Operating 

Period

Figure III-34:

COMBUSTION

UNIT PERMITTING
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 SECTION III SECTION III Managing Hazardous Waste — RCRA Subtitle C

Chapter 8: Permitting of Treatment, Storage,, and Disposal Facilities

Interim Status Combustion Units

Owners and operators of interim status

combustion units must demonstrate that their

units meet all applicable performance standards

by submitting performance data developed during

actual burns. Performance data is used by the

permitting agency to determine whether the

combustion unit meets RCRA performance

standards when burning a particular waste under a

specific set of operating conditions.

■ Post-Closure Permits

Owners and operators of hazardous waste

disposal units, and owners and operators of

hazardous waste management units that cannot

clean close and must close as landfills, must

conduct post-closure care, including ground water

monitoring and maintenance of an impermeable

cap (post-closure is fully discussed in Section III,

Chapter 5). The standards for permitted facilities

incorporate post-closure care requirements into

the facility’s operating permit to ensure that postclosure care is performed in a protective manner.

However, because interim status facilities do not

yet have operating permits, the RCRA regulations

require that interim status facilities needing postclosure care obtain a post-closure permit to

ensure that such closure is performed in a

protective manner, as well. In securing a postclosure permit, interim status facilities must meet

all applicable requirements for permitted facilities,

including the ground water monitoring standards.

SUMMARY

The RCRA regulations require hazardous

waste TSDFs to obtain an operating permit that

establishes the administrative and technical

conditions under which hazardous waste at the

facility must be managed. Such permits cover the

full range of TSDF standards, including general

facility provisions, unit-specific requirements,

closure and financial assurance standards, and any

applicable ground water monitoring and air

emissions provisions.

In order to obtain a permit, a TSDF owner and

operator must comply with specific application

procedures. The permitting process consists of the

following stages:

• Informal meeting prior to application

• Permit submission

• Permit review

• Preparation of the draft permit

• Taking public comment

• Finalizing the permit.

After issuance, permits may need to be

modified to allow facilities to implement

technological improvements, comply with new

environmental standards, respond to changing

waste streams, and generally improve waste

management practices. These modifications can

be initiated by either the facility or the permitting

agency.

Facilities that were existing and operating on

the effective date of a regulation that required

them to obtain an operating permit are considered

interim status facilities. They are allowed to

continue operating as long as they comply with

certain general facility and unit-specific TSDF

standards until the implementing agency makes a

final permit determination.

Some unique waste management operations

and practices require special permit provisions.

These special forms of permits include:

• Permits-by-rule

• Emergency permits
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Managing Hazardous Waste — RCRA Subtitle C SECTION III SECTION III

Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities

• RD&D permits

• Land treatment demonstration permits

• Combustion permits

• Post-closure permits.