November 21, 2023

EPA’s RCRA Model Permit Assists Permit Writers

RCRA permits establish specific requirements for facilities treating, storing, or disposing of hazardous waste. Because the waste management operations of different RCRA-permitted facilities may vary greatly, the permit language can sometimes vex regulators and the regulated facility. To assist permit writers who draft and review RCRA permits, EPA is developing a RCRA Model Permit. The model permit provides example language vetted by legal and enforcement experts that should reduce permit issuance time and promote consistency with clearer enforceable permit conditions.

The RCRA model permit comprises modules reflecting the language of RCRA permit requirements. Modules act as templates with stock regulatory language that permit writers may complete based on the specifics of a facility seeking a permit. For example, the model permit template for a permit’s cover page includes the following passage:

“Pursuant to the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, 42 USC Sections 6901 et seq. and the Hazardous and Solid Waste Amendments (HSWA) of 1984, P.L. 98-616 (collectively, hereafter, “RCRA”), and regulations promulgated thereunder by the U.S. Environmental Protection Agency (EPA) (codified and to be codified in Title 40 of the Code of Federal Regulations), this Permit is issued to {Operator’s name} and {Owner’s name} (collectively, hereafter, the “Permittees”), for {describe purpose of permit e.g., treatment, storage, disposal, post-closure and/or corrective action} for the facility located at {facility’s street address} in {city and state}, assigned the EPA ID # {EPA ID number}.”

A permit writer can then cut and paste the facility’s unique information, expediting the permit writing process.

The list of future modules to be added is extensive and includes general permit and facility conditions, air emission standards, incinerators, and more. EPA plans on updating the model permit modules to reflect new rules, policies, guidance, judicial decisions, and recommendations. Comments on the modules can be emailed to RCRApost@epa.gov. Recommendations and comments will be periodically reviewed and incorporated into the RCRA permit guide.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.