Hazardous Waste Permits

Permitting and Remediation Branches, Hazardous Waste Section

Division of Waste Management

Activities requiring a Hazardous Waste Permit

Under the hazardous waste rules outlined in the Resource Conservation and Recovery Act (RCRA), the only activities that require a hazardous waste management permit are the storage, treatment, and disposal of hazardous wastes. There are no operating disposal facilities in North Carolina at this time. Generation or transportation of hazardous wastes does not require a RCRA permit. Generators and transporters are considered to be "permitted-by-rule" in that they must apply for an EPA ID number, notify the Hazardous Waste Section (HWS) of their activities, and follow the appropriate hazardous waste management rules.

Types of permitted facilities

Permitted treatment, storage and disposal (TSD) facilities fall into two basic categories: operating and post-closure. The operating permit is issued for a facility that actively stores or treats hazardous waste. Common types of activities covered by operating permits would be tank or container storage or treatment in combustion units (incinerators or boilers and industrial furnaces (BIFs)). Post-closure permits are required for facilities that have groundwater contaminated by a RCRA unit and/or for facilities that choose to close a RCRA unit with contaminated soil left in place. Permits are required for these facilities under the hazardous waste landfill regulations. Post-closure facilities are often "non-notifiers" that have failed to notify the HWS of hazardous waste management activities. They are typically brought into the regulatory universe under a compliance or consent order.

Permit Application

Application for a hazardous waste management permit is a two-part process. The Part A application gives general information about the facility and the owner/operator and contacts, as well as a listing of the hazardous waste types and quantities treated or stored. The second application, known as the Part B, consists of information submitted by the permittee that follows a series of checklists (modules) based on the regulations governing TSD facilities.

Other Agency/Public Participation

North Carolina is fully authorized to implement the RCRA program and adds new federal rules as they are promulgated. However, an interval occurs between the time these rules go into effect and the time North Carolina is authorized to implement them. During this period, EPA Region IV (Atlanta) commonly co-reviews the portions of the applications associated with the new rules for which North Carolina has not yet received authorization to administer. EPA also routinely comments on applications of facilities that wish to operate combustion units. North Carolina can request that EPA review other permit applications. Additionally, the Division of Water Quality and Division of Air Quality review and comment on applications of certain facilities.

A copy of the permit application is sent to the appropriate county manager, and city manager if applicable, in the facility's location. Copies of the application are also available at the facility and the Hazardous Waste Section's central file room in Raleigh. Comments are solicited during the public hearing or during the 45-day comment period associated with the draft permit.

Processing Time

The processing time for the issuance of the permit varies with the complexity of the facility. For those facilities requesting storage only, the processing time is approximately 12 to 18 months. Post-closure permits may require two to three years for satisfactory geological and hydrogeological data to be gathered.

Associated Fees

Permit application and permit modification fees are charged for commercial facilities only. A commercial facility is one which accepts hazardous waste from the general public or from another person for a fee. Annual fees are also required by the HWS for all TSD facilities, as well as for generators and transporters of hazardous wastes.

For more information . . .

The Environmental Permit Information Center (EPIC) can provide additional general information about hazardous waste management permits. For more specific information, EPIC staff will direct inquiries to the appropriate permitting staff.