What Is an RCRA Permit?

The Resource Conservation and Recovery Act requires special permits for the generation, treatment, storage or disposal of hazardous waste in the United States. Permits are issued through the EPA or states that have obtained authority to administer permitting from the EPA. Any generator of hazardous waste must obtain a permit. Environmental monitoring, recordkeeping and documentation are the primary components of the two-part RCRA permit application.

Part A

• According to the Code of Federal Regulations, Part A of the permit application must describe any activities that require a permit and provide detailed information about the location and nature of the business facility; the products and services provided by the business; topographic maps, scale drawings and photos of all existing structures and proposed treatment, storage or disposal facilities; and a listing of all other permits received or applied for, such as those that regulate underground injection of fluids, pollution discharge into water, pollution discharge into air; ocean dumping and wetland infringement.

Part B

• According to Part B regulations, application information is required for hazardous waste management (HWM) facilities that may not generate the waste but store, treat or dispose of it. For these facilities, chemical and physical analyses of the hazardous waste and debris must be provided in the part B application as well as a waste analysis plan, security plan and inspection schedules.

  Part B also requires plans that will prevent hazardous waste spills, runoff or flooding from structural failure; backup information in case of power failures; employee health and safety plans; seismic safety; and the 100-year floodplain protection. Proof of insurance and a surety bond for closure are also required. A topographic map including all graphical support for this information must be included as well.

Streamlined Permit Process

• In 2005 the EPA introduced a streamlined permit process. Pre-application public meetings are still required, and all part A information is required to be submitted. However, part B information can be stored onsite for review if necessary. Under these circumstances, EPA can issue a draft permit protection of human health and the environment. The streamlined process is only available to hazardous waste facilities that generate, store and then non-thermally (i.e., no incineration allowed) treat waste onsite in tanks, containers and containment buildings. It also pertains to facilities owned by the same business that generates the waste off-site.

Permit Periods, Exemptions and Violations

• Permits are fixed-term issues for a ten-year period and are reviewed at five-year interims. Coal mining and reclamation waste permits are not issued through RCRA; they are covered under the Surface Mining Control Act of 1977.

  EPA can terminate operation at a facility at any time if dangerous conditions become apparent. Facilities must provide monitoring reports and records to the EPA as conditions for the permit. EPA and the states have special compliance and enforcement divisions that can legally enforce corrective action with or without permit violations in order to protect human health and the environment.

Effectiveness

• Overall, the RCRA permit program, while being costly for industrial businesses, is effective at insuring human health and environmental protection. Most violations are minor. Corrective actions generally solve problems and minimal impacts result. If major violations occur, remedial action through Superfund is the next step, which is a more costly legal and engineering process that most businesses do their best to avoid.