Resource Conservation and Recovery Act (RCRA) permits for hazardous waste treatment, storage, and disposal facilities (TSDFs) operate on a 10-year cycle and must be renewed in accordance with U.S. Environmental Protection Agency (EPA) and state requirements under Title 40 Code of Federal Regulations (CFR) Part 270. Maintaining permit coverage depends on timely submission of a complete renewal application, making early planning critical for facilities seeking uninterrupted operations.
Background: How RCRA Permitting Works
The Resource Conservation and Recovery Act (RCRA) was passed 50 years ago in 1976. It established the hazardous waste program in the United States and required “cradle to grave” management of hazardous waste. At hazardous waste TSDFs, RCRA requires that these facilities have a permit and that the permit is renewed every ten years.
RCRA was designed to be adopted by the states. States are required to adopt regulations that are no less stringent than the federal regulations, and states can be more stringent. Many states have adopted the federal regulations by reference with only minor state-specific changes. Once authorized by the EPA, a state implements the program instead of EPA. This means that in most states, RCRA TSDFs must apply for RCRA permit renewals with their state agency.
The RCRA permitting process is in 40 CFR 270. These regulations describe the information required in a permit application, the timelines for submitting permit applications, the process for modifying an existing permit, and they incorporate the technical requirements for RCRA TSDFs from 40 CFR 264. The timing of submitting an administratively complete permit renewal application is critical for maintaining an existing RCRA permit.
Permit Renewal Timing and Requirements
Developing a RCRA permit renewal application is an opportunity for the RCRA TSDF to evaluate the requirements in their previous permits and permit applications to find opportunities to minimize requirements and their associated costs and make changes to allow for easier operations at their facilities. It is also an opportunity to add information that makes complying with their permit easier.
RCRA permits generally remain in effect for 10 years. To maintain an existing permit, facilities must submit an administratively complete[1] renewal application by the applicable deadline. In most states, a RCRA permit renewal application is due 180 days before the permit expires, although some states require significantly earlier submittals (e.g., California requires submittal two years in advance). If an administratively complete application is received by the permitting agency by the deadline, the existing permit remains in effect until the permit is renewed by the permitting agency.
Developing a Strong Permit Renewal Application
Developing a renewal application is more than a compliance exercise; it is a strategic opportunity to reassess permit conditions and improve operational flexibility. With respect to operational flexibility, a permit renewal can be an opportunity to consider the level of detail provided in the application and whether more information is being provided than is needed to satisfy the regulations; trimming this information can increase a TSDFs operational flexibility without sacrificing compliance.
Developing a permit application also takes time. It is best to start developing a permit application six months to one year before it is due. This allows time to identify and address needed site changes, review permit-required activity frequencies, and reduce or eliminate requirements where appropriate. Because permit renewals typically occur only every 10 years, the renewal process is an important opportunity to make thoughtful adjustments that support both compliance and facility operations.
If a major modification is being considered as part of a permit renewal, it may be helpful to discuss the best submittal approach with regulators early in the process. Depending on the complexity of the renewal and the facility’s timing needs, submitting the modification separately, but on a parallel path, may provide a more focused review path while the broader renewal proceeds through the standard process.
Permit Application Submittal, Negotiation, and Issuance
Once a RCRA permit is submitted, the permitting agency will begin their administrative and technical reviews. During this process, agencies may request additional information or clarification. At this time, many states will also issue a Notice of Deficiency (NOD) following technical review and begin negotiations with the permittee to resolve comments. Multiple NODs may be received, and these can be viewed as opportunities to strengthen agency relationships with transparent communication. A renewal application approved without an NOD is a moment to pause and consider the level of detail that has been provided.
Once the agency is satisfied with the permit application, they will issue a draft permit and begin a public comment period. The permittee is a member of the public and should submit comments on the draft permit if it is not satisfactory. The agency will hold a public hearing and afterwards respond to public comments. Then the agency will make their permit decision – typically to issue a final permit. Then the 10-year permit cycle begins.
What This Means for Operators
A RCRA permit renewal is not a routine administrative task. It is a critical milestone that can shape facility operations for the next decade. The RCRA permit renewal application should be viewed as an opportunity to update the permit, and adequate time should be allowed to develop the best permit application for the facility. Thoughtful preparation can help maintain compliance, reduce unnecessary operational burden, and position the facility for long-term success.
[1] An administratively complete application means that the permit application contains the required information, not that the agency and the permittee agree on all the application details.
