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Permitting Hazardous Waste Facilities
Authorized State RCRA Permitting Programs
Cleanup of Hazardous Waste Facilities
Enforcement of Hazardous Waste Regulations

Permitting Hazardous Waste Facilities

The Resource Conservation and Recovery Act (RCRA) requires anyone who owns or operates a facility where hazardous waste is treated, stored, or disposed to have a RCRA hazardous waste permit issued by an authorized state agency or EPA.

An explanation of the federal RCRA permitting process can be found at:
U.S. EPA Hazardous Waste Permitting page

EPA Region 9 is in the process of issuing permits at the following facilities:

State RCRA Permitting Programs

Under RCRA, most hazardous waste permits are issued by states. Region 9's state programs are authorized to issue permits. For information on how to obtain a hazardous waste permit, or on permits already issued, contact these respective state agencies:

Enforcement of Hazardous Waste Regulations

EPA works in partnership with state and local agencies and tribal governments to ensure compliance with the Resource Conservation and Recovery Act (RCRA). The goal of the RCRA Enforcement Office is to attain and maintain a high rate of compliance within the regulated community.

The Regulated Community consists of individuals or industries that either generate, transport, treat, store or dispose of hazardous wastes. Also, those who recycle secondary materials fall under the provisions of RCRA. Even if a particular solid waste is not specifically listed as a hazardous waste, if it exhibits any hazardous characteristics, such as ignitability, corrosivity, reactivity or toxicity, it will be classified as hazardous and therefore should be regulated under RCRA.

Region 9 follows the Operating Principles of the National Office of Enforcement and Compliance Assurance. RCRA Regulations are in the RCRA Online.

Enforcement Activities

Region 9's Enforcement Office staff conducts inspections of hazardous waste facilities to determine if violations exist. If violations are present, Region 9 staff will initiate enforcement actions against a facility/individual beginning with informal actions (usually a letter explaining the violation) and ending with more formal activities such as Compliance Orders and Agreements, Civil Actions, Consent Orders, and Judicial Orders.

Many times, as a method of remediating a violation(s), the formal enforcement action will include what is known as a SEP (Supplemental Environmental Project). This may require the facility to add a process, incorporate recycling, install additional treatment of wastes, or some other remediation project. For more information on SEPs, see OECA's SEP Home Page.

Enforcement information for specific facilities can be found in the ECHO.

To view data collected on any specific sites or geographic areas, visit our direct link to Envirofacts.

Additionally, the Enforcement and Compliance History Online (ECHO) database can be used to determine whether compliance inspections have been conducted at specific facilities by either EPA or State/local governments. It gives results of inspections including whether violations were detected and any enforcement actions taken or penalties assessed in response to the violation.

Compliance Assistance/Public Outreach

EPA and the authorized state programs have been charged with the responsibility of making available technical information necessary to ensure the proper management of hazardous waste. The regulatory agencies provide technical information to the public and regulated community in varying degrees and various appropriate methods. The methods include but are not limited to training programs, workshops, regulatory determinations, technical assistance, informal public meetings, and in some instances directing pollution prevention facility inspections.

Enforcement Oversight and State Authorization

At different levels, each of the four Region 9 states has received final authorization to carry out certain portions of RCRA, in lieu of the federal program. Each state environmental program is charged with the statutory duty of enforcing the laws of the State relating to hazardous waste management in that state. Although EPA has granted these States authority to enforce their own hazardous waste program, EPA retains jurisdiction and authority to initiate an independent enforcement action, pursuant to Section 3008(a) of RCRA. The authority by EPA is established in a Memorandum of Agreement (MOA) between EPA and the various state programs.

EPA and each state enter into a grant work agreement which specifies the State's program and performance goals while implementing the state hazardous waste program instead of the federal program. EPA is required to review the States' performance toward completing the goals agreed to in the State grant work agreement. EPA must determine if the State has met its commitments for performing inspections and record reviews, and whether the State has been successful in bringing the regulated community into compliance. Further, EPA must also determine whether the enforcement actions taken by the state have been timely and appropriate.

Report Improper Management of Hazardous Waste (Complaints)

The RCRA Enforcement Office encourages individuals to notify us in the event they witness, or know of, any hazardous waste disposal or other hazardous waste mismanagement occurring within the Region 9 states. Written notification can be made to Loren Henning, Office Manager at the following address:

RCRA Enforcement Office
U.S. EPA, Region 9 (WST-3)
75 Hawthorne Street
San Francisco, CA 94105

Additionally, please contact your respective state enforcement program.

State Enforcement Programs

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