Lisa Woodward
CDPHE
ABSTRACT
The final goal of many environmental research projects is to have them permitted for use in a particular state. Yet, even with this original goal in mind, many projects get to the point where they are submitted for the permitting process only to find out that they are missing information that could have easily been obtained early on is now going to be an additional expense. This paper outlines the kind of information typically required to get either an RD&D (research demonstration and development) permit or full RCRA part B permit.
PRESENTATION
RD&D (research development and demonstration) permit requirements were designed to accelerate the permitting of experimental and innovative hazardous waste treatment alternatives to land disposal in a manner that is protective of human health and the environment. In general, RD&D permits are applied for if the permittee does not have enough information to make a full RCRA Part B application.
Often research is associated with universities where the special equipment and personnel to conduct such work. Often times the environmental industry wants to use these research efforts in their clean up strategies. But they may find that the research completed did not allow them to proceed on to a full RCRA Part B permit. Hazardous waste owners and operators must decide whether they have enough information to proceed with a RCRA Part B permit or gather more information in an RD&D permit.
PREPARATION FOR RCRA PART B
Here is a quick test to see if your project has the kind of information required in a RCRA Part B permit. Most innovative technologies fall into the subpart X category of a Part B permit.
If you can not answer these questions , then you are likely to be facing an RD&D permit. Other wise, there may be enough information to submit the project under a RCRA Part B (subpart X)
At a minimum , RD&D permits will allow research, development, and demonstration with units that either have never been used commercially or where the permit applicant intends to refine, develop, or improve performance., or demonstrate cost efficiency of commercially demonstrated technologies or processes. RD&D permits, according to EPA guidance, are to be used for: 1) the purpose of generating new information to evaluate the technical or economic feasibility of an innovative and experimental waste management technology, process or method, or device; 2) treating hazardous waste in a unit or devices made of non-earthen materials; 3) treating limited quantities of waste at a scale of operation necessary to conduct the experiment; and 4) operation for a period of time necessary to adequately prove the feasibility of the technology or process. How do you know if you qualify for an RD&D. Some typical examples include: a new technology or process, new uses for existing technologies, or improve existing technologies.
Small-scale, experimental units may be permitted under research, development, and demonstration (RD&D) permitting procedures stated in 40 CFR 270.65. Remember to check your state regulations as well, since they may have additional requirements. However, the RD&D permit does not apply to larger units, because the procedures for RD&D permitting are only amenable to trial units. Larger, non-experimental treatment processes can be permitted as Subpart X units. Usually the Subpart X units (full scale innovative treatment units) are added to a facility's Part B permit through a permit modification process.
SUBPART X
Even if you think the innovative treatment process is ready for a modification to a part B permit, the next question to be answered concerns the category the treatment falls under. If it is not an incinerator or a standard thermal treatment unit it probably falls under Subpart X (miscellaneous units). Subpart X units include geologic repositories, certain biological treatment units, sludge dryers, shredders, carbon regeneration units, units that burn or open detonate wastes, certain thermal treatment units, and many innovative treatment units.
Subpart X units allows tailoring of permits to address site-specific environmental concerns. According to EPA guidance, the Subpart X permitting requirements are divided into three major categories: environmental assessments: monitoring and inspection requirements: closure and post closure care. The environmental assessment requirements (in 40 CFR 264.601) incorporate evaluations of past, present, and potential future effects of the unit on human health and the environment through releases to the ground water, surface water, air or soil. Owners and operators must conduct monitoring, inspections, testing, and analysis to ensure compliance with this environmental assessment requirement and with other existing requirements in 40 CFR Part 264. The subpart X requirements also allow permit writers to require additional monitoring, sampling, and analysis as necessary to protect human health and the environment. The following is a list of information that may be included in Subpart X permits.
COMMON QUESTIONS ASKED ABOUT SUBPART X AND RD&D PERMITS
Answer: Units that are exempt are not subject to Subpart X permit requirements.
Answer: Subpart x permits are only issued for units that so not meet the definitions of other types of units.
Answer: Only one permit is issued to a unit.
The easy test is to determine whether the unit is experimental or not. If the unit is not experimental then an RD&D permit is not appropriate.
Answer: Emergency permits are issued for imminent and substantial endangerment to human health or the environment. Emergency permits should not be issued to facilities that perform routine or systematic treatment or handling of hazardous waste.
The permittee needs to answer a couple more questions before submitting a permit request.
If not all of the operating conditions are set it is probably better to start with an RD&D permit so that the operating conditions can be set. Operating conditions are usually permit conditions in Subpart X permit, as a result it is advantageous to establish them as accurately possible. It is easy to see that a research project that answers the kinds of questions posed in this paper will be able to serve more than one purpose and put your project ahead of schedule in the permitting process.