The Permit Application and Review Process

• Author: Susan M. McMichael
• Pages: 79-116

Page 79

Chapter 4

The Permit Application and Review Process

4.0 Introduction

e RCRA permit process is the best friend that status quo ever had.1

e task of getting a RCRA permit has been described as “every bit the equal of the ordeal that was necessary

to shake forth the permit regulations.”2 Once issued, permit renewals can take years to obtain, sometimes even

longer than initial permit issuance. To be sure, the time it takes to get a draft permit can be seemingly intermi-

nable. e primary obstacles are no surprise. ey include the quality of the permit application, lack of agency

resources, sta turnover, and changes to the facility and regulations. A well-organized and detailed permit

application, however, can save substantial time and resources and facilitate the agency review process. Open

and good communication, too, is critical during this iterative process. On the other hand, a permit application

that lacks sucient detail or is not responsive to agency requests is likely to result in a protracted, drawn-out

process with numerous agency reviews and notices of deciencies (NODs). RCRA permitting, in particular,

is notorious for its “NOD loop,” which results from ongoing revisions to documents reviewed by the agency

and deemed decient.3 Ultimately, decient permit applications result in a draft permit with agency-imposed

conditions or, worse, permit denial.

is chapter provides specic tools and guidance to assist in ecient permitting. It is divided into the fol-

lowing steps: the pre-application meeting (Section 4.1), submission and preparation of the permit application

(Sections 4.2 and 4.3), agency review of the application (Section 4.4), draf t permits and preparation of the

draft permit (Sections 4.5 and 4.6), and requirements for draft permit issuance, including the public notice,

fact sheet, statement of basis, the administrative record, and EPA review of draft permits (Sections 4.7 and 4.8)

(see Figure 4.1). Finally, it discusses common problems and pitfalls to avoid in preparing a permit application

and draft permit.

4.1 Pre-Application Activities

e process of obtaining a RCRA permit or major modication starts early, before the facility submits the

application or modication request. A facility can benet immeasurably from understanding the permit pro-

cess as early as possible. Before preparing the permit application, the facility should meet with the permit sta

to learn what is expected, and any ne nuances particular to the RCRA permit program. Some states, such as

California, even have a bill of rights for RCRA permit applicants (see Sidebar 4.1). Following are steps a facility

should take before the application is submitted:

1. Richard C. Fortuna, Preventing Hazardous Waste Management Liability: e Lessons of Recent Legislation, 25 H. L. R. 877, 891 (1988).

2. 4 W H. R J., R’ E L H W  S §7.13, at 113 (West 1992).

3. Id. at 115 (RCRA is famous for its extensive give-and-take between the permit applicant and agency). See also Miriam Feder, e Permit Applica-

tion Process Under RCRA—A Lament, 18 E’ L. 671 (1988) (RCRA permit process is cumbersome and consumes tremendous resources); U.S.

EPA, e Nation’s Hazardous Waste Management Program at the Crossroads: e RCRA Implementation Study, at 51 (Aug. 1990).

Page 80 RCRA Permitting Deskbook

Figure 4.1

The Permit Application and Review Process Page 81

• Identify the permit writer.

• Obtain copies of state permit checklists a nd EPA regional checklists.

• Obtain copies of state RCRA and public participation rules.

• Schedule a site visit with the agency.

• Determine the preferred format for the Part A and Part B permit application submittals.

• Understand the permit process, time limits, and, if possible, set a projected decision schedule.

• Under stand the criter ia used by per mit st aff to determine completeness and the time period for

this decision.

• Locate the information repository and where material will be publicly located.

• If the facility is located in a primarily non-English speaking or minority community, assess the level of

eort to address environmental justice concerns, i.e., multilingual public notices, fact sheets, and transla-

tors for pre-application meeting and other notices and activities during permit process (see Chapter 5.8.2,

“Environmental Justice and Title V”).

• Pay permit fees and other costs.

Sideba r 4.1

Califor nia’s Bill of R ights for R CRA Permit Applicants

• Permit appli cants have the r ight to be assi sted in und erstanding regu latory and permit

requirements.

• Permit appli cants have the r ight to k now th e pro jected fees for review of a pplication s.

• Permit appli cants have the r ight of ac cess to com plete and clearly written guida nce d ocu-

ments that explai n the regul atory requireme nts.

• Permit appli cants have the r ight of ti mely completenes s det ermination s for their appl ication.

• Permit appli cants have the r ight to k now ex actly how their applicati ons a re def icient and

what furthe r inf ormation is needed to make their applicat ion c omplete.

• Permit appli cants have the r ight to a timel y dec ision on t heir permit applicat ion.

• Permit appli cants have the r ight to ap peal permit review time limits set by statute or adminis -

trative ly th at have been viol ated without good cause.

• Where multi ple e nvironmental appr ovals are n eeded, permit applica nts h ave th e rig ht to work

with a single lead agency.

• Permit appli cants have the r ight to k now wh o wil l be revie wing their applicatio n and the

time require d to comple te th e full revi ew pro cess.

Source: Califor nia D epartment of Toxic S ubstance Control, Haza rdous Was te Ma nagement Program, Permi t Ap plicant Hand-

book for Full R CRA Pe rmit, Section XIV, at 12 ( 2001) (available from Cal. EPA or on the web at www.dtsc.c a.gov/Hazar dous-

Waste/uplo ad/Perm itAppl icantH andboo k.pdf ) .