National Resource Conservation and Recovery Act (RCRA) Permitting Priorities
On this page:
- What are the national RCRA permitting priorities?
- How are the priorities selected?
- What are the current priorities?
- Which national priorities are complete?
What are the national RCRA permitting priorities?
The national RCRA permitting priorities are issues that are national in scope and impact RCRA permits or permitting programs implemented by EPA, states, and territories.
For each priority issue selected, EPA, often working with states and territories, implements a plan to address the issue. Through focused action on national priority issues, EPA upholds the integrity of the RCRA permitting program to ensure proper hazardous waste management and protection of human health and the environment.
How are the priorities selected?
The national RCRA permitting priorities are selected through a periodic process where the RCRA Permit Integrity Team collaborates with EPA regions and state and territorial regulatory partners to identify, prioritize, and resolve high‐level issues that impact RCRA permits or permit programs nationally. New RCRA permitting priorities are selected about every two years.
What are the current priorities?
The current national RCRA permitting priorities are listed and described below:
- Environmental Justice – develop policy for the implementation of environmental justice considerations in the RCRA permitting program.
- Five-Year Review of Land Disposal Facilities – clarify whether the five-year review of land disposal facility permits applies only to operating land disposal facilities as opposed to operating and closed land disposal facilities.
- Hazardous Waste Determinations – promote accurate hazardous waste determinations, including best practices for waste profiling and compatibility.
- Optimize Permit Modification Process – consider ways to enable more efficient and timely processing of permit modifications.
- Periodic Certification of Tank Systems – explore the development of a national protocol for the periodic certification of tank systems.
- Permitting Updates Rule – develop a rulemaking to propose updates and clarifications for the treatment, storage and disposal facilities and permitting standards in Title 40 of the Code of Federal Regulations Parts 264, 265, and 270.
- Post-Closure Care Implementation – assist states and regions with post-closure care implementation.
- RCRA Model Permit – update the 1988 National RCRA Model Permit and develop an accompanying standard operating procedure for RCRA permit writers.
- Timely Renewal Applications – explore options for earlier receipt and improved quality of permit applications for the renewal of RCRA permits.
Which priorities are complete?
As of January 2023, the RCRA Permit Integrity Team completed six priorities. The completed priorities are described below:
- RCRA Air Emissions – launched the RCRA Organic Air Emission Standards for Treatment Storage and Disposal Facilities and Generators webpage and the RCRA/Clean Air Act compliance exemption and election provisions document to improve understanding and implementation of the RCRA air emission standards. EPA also updated the RCRA Organic Air Emissions Standards Fact Sheet in December 2022.
- Permit Writer and Inspector Coordination – EPA, in collaboration with the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), held its annual national RCRA permit writer and inspector workshops for regulatory authorities to foster collaboration, assist compliance, and protect human health and the environment. We will continue to hold these workshops annually.
- Tools for Expediting Permit Issuance – EPA developed a RCRA permit application checklist for states to customize for their specific permitting programs and share with applicants. EPA made a generic version of the checklist publicly available (xls)(1.36 MB).
- CostPro Evaluation – EPA analyzed options for continuing the Agency’s support of CostPro, which is the EPA software for estimating costs related to RCRA closure and post-closure care. As a result, EPA is updating and incorporating CostPro into RCRAInfo, EPA's comprehensive information system, to provide access to data supporting the RCRA program.
- Public Notice in Newspaper and Mail – EPA published a Federal Register notice in December 2021 that requested comment on allowing modern electronic alternatives for public notification and other notifications under RCRA. EPA also updated the RCRA Public Participation Toolkit to indicate the acceptability of using email for mailing lists, online newspapers for public notification, and virtual hearings and meetings for public participation. EPA encourages the most effective methods for public notices depending on the characteristics of the community, while ensuring the minimum regulatory requirements are met.
- Waste Analysis Plans Compliant with Land Disposal Restrictions – EPA developed the information bulletin: “Ensuring and Determining Compliance with Land Disposal Restrictions Through RCRA Permits, Waste Analysis Plans and Inspection Sampling Practices”(pdf)( 691 KB) in April 2022 to make RCRA permit writers, inspectors, and the regulated community aware of controls, conditions and sampling practices to ensure and determine compliance with RCRA land disposal restrictions.