C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart B—Permit Application

40 C.F.R. § 270.13

Contents of part A of the permit application

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Part A of the RCRA application shall include the following information:

(a) The activities conducted by the applicant which require it to obtain a permit under RCRA.

(b) Name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted.

(c) Up to four SIC codes which best reflect the principal products or services provided by the facility.

(d) The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity.

(e) The name, address, and phone number of the owner of the facility.

(f) Whether the facility is located on Indian lands.

(g) An indication of whether the facility is new or existing and whether it is a first or revised application.

(h) For existing facilities, (1) a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and (2) photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas.

(i) A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items.

(j) A specification of the hazardous wastes listed or designated under 40 CFR part 261 to be treated, stored, or disposed of at the facility, an estimate of the quantity of such wastes to be treated, stored, or disposed annually, and a general description of the processes to be used for such wastes.

(k) A listing of all permits or construction approvals received or applied for under any of the following programs:

(1) Hazardous Waste Management program under RCRA.

(2) UIC program under the SWDA.

(3) NPDES program under the CWA.

(4) Prevention of Significant Deterioration (PSD) program under the Clean Air Act.

(5) Nonattainment program under the Clean Air Act.

(6) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act.

(7) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act.

(8) Dredge or fill permits under section 404 of the CWA.

(9) Other relevant environmental permits, including State permits.

(l) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary.

(m) A brief description of the nature of the business.

(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992; 71 FR 40279, July 14, 2006]
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1986–2025 · leading case: United States v. Steven M. Self, 2 F.3d 1071 (10th Cir. 1993).
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United States v. Steven M. Self, 2 F.3d 1071 (10th Cir. 1993). “See 40 C.F.R. § 270.13 (1992). In 1983, Defendant signed and submitted a part B RCRA permit application.”
United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989). “A facility is granted interim status if the EPA Administrator finds no reason to believe that an existing facility’s Part A application does not meet the disclosure requirements of 40 C.F.R. § 270.13 . Such a facility is treated as having been issued a permit upon the filing of…”
United States v. Richard Heuer, United States of Am. v. Eugene Holderness, 4 F.3d 723 (9th Cir. 1993). “40 C.F.R. § 270.13 . Part B details the operation of storage, treatment, or disposal units and how compliance will be accomplished.”
Prutehi Litekyan: Save Ritidian v. United States Dep't of the Air Force, 128 F.4th 1089 (9th Cir. 2025). “The application requires prospective permittees to submit, among other things, a “description of the processes to be used for treating, storing, and disposing of hazardous waste,” 40 C.F.R. § 270.13 (i) (2006); “[c]hemical and physical analyses of the hazardous waste and…”
Thermalkem, Inc. v. United States Env't Prot. Agency, 25 F.3d 1233 (3rd Cir. 1994). “40 C.F.R. § 270.13 . Part B of the application is more detailed and includes specific information relating to disposal facilities, environmental impact, and other details necessary for the review of the permit application.”
United States v. WCI Steel, Inc., 72 F. Supp. 2d 810 (N.D. Ohio 1999). “WCI operated these hazardous waste management units without including these hazardous waste management units in any RCRA Part A application, as required by 40 C.F.R. § 270.13 and O.A.C. § 3645-50-43, and without amending any RCRA Part A application.”
United States v. Env't Waste Control, Inc., 698 F. Supp. 1422 (N.D. Ind. 1988). “40 C.F.R. § 270.13 . If the Administrator finds no reason to believe that the Part A application does not meet the disclosure requirements, an existing facility “shall have interim status and shall be treated as having been issued a permit” once it has filed a Part A application…”
United States v. Colorado, 990 F.2d 1565 (10th Cir. 1993). “See 40 C.F.R. § 270.13 (1992). Part B of the permit application requires more detailed information including a specific closure plan.”
Waste Mgmt. of Illinois, Inc. v. United States Env't Prot. Agency, 714 F. Supp. 340 (N.D. Ill. 1989). “” See 40 C.F.R. § 270.13 (1987). If approved, the Part A application allows the facility to operate on an interim basis, but at a later date the oprator must file a more extensive “Part B application.”
Commonwealth Oil Refining Co. v. United States Env't Prot. Agency, 805 F.2d 1175 (5th Cir. 1986). “See 40 C.F.R. § 270.13 . For the interim status facilities, the actual permitting process begins when the EPA requests that the facility submit the second part of the permit application, known as “Part B.”
USG Corp. v. Brown, 809 F. Supp. 573 (N.D. Ill. 1992). · cites it 4× “§ 6925 and 40 CFR § 270.13 govern notification and permit requirements relating to hazardous waste activity.”
Thermalkem, Inc. v. U.S. EPA (3rd Cir. 1994). “40 C.F.R. § 270.13 . Part B of the application is more detailed and includes specific information relating to disposal facilities, environmental impact, and other details necessary for the review of the permit application.”
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