A Remedial Action Plan (RAP) is a list of conditions a company must follow in order to treat, store or dispose of hazardous remediation waste at a remediation waste management site in Missouri. Hazardous remediation waste is waste, soil, water or debris that was produced during a hazardous waste cleanup activity and contains listed hazardous waste or exhibits a hazardous waste characteristic.

When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator’s duty to obtain a RAP. Both the owner and operator must sign the RAP application. A RAP may be a stand-alone document or may be part of another document, such as a hazardous waste permit or remedy decision document used in the corrective action process.

Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site are not eligible for RAPs. You may obtain a RAP for managing hazardous remediation waste at an already permitted RCRA facility. You must have these RAPs approved as a modification to your existing permit.

Length of Permit

Remedial Action Plans can be effective for up to 10 years and may be renewed, with department approval, for as long as the activity continues.

Laws, Rules and Regulations

How to Apply

Application

Facilities that would like to apply for a Remedial Action Plan permit, will first need to obtain an Identification Number from the Environmental Protection Agency.

Next, the facility will notify the department by completing the Notification of Regulated Waste Activity Form MO 780-1164. Finally, the facility will complete a narrative application for the Remedial Action Plan permit. Federal regulations require the applicant to include specific information in the narrative application. For additional details, please refer to 440 C.F.R. Part 270 Subpart H - 270.110 What must I include in my application for a RAP?

Both the owner and the operator must sign all application forms and paperwork.

Fees

No fee associated with this permit.

Timeline/ Process

The department will request additional information if the application is not complete, which will delay the review process. If the department finds the application includes all of the required information and will meet the regulatory standards, the department will make a tentative decision to approve the application. The department will then prepare a draft RAP and provide an opportunity for public comment before making a final decision on the application. The department may deny the RAP application either in its entirety or in part. If denied, the department will prepare a notice of intent to deny the application and provide an opportunity for public comment before making a final decision. 

The department will provide a prepared statement of basis that briefly describes reasons to denial or approve the permit. The department will send the notice of intent to the applicant(s); each state and local government where the site would be located or have authority involved in the facility; and publish in a major local newspaper of general circulation. The notices will provide the public with the opportunity to submit written comments on the draft RAP or notice of intent to deny within at least 45 days.

If the department receives any public comments in opposition of its intentions, the department must hold an informal public hearing to discuss issues related to the approval or denial. The hearing will provide an opportunity for the public to provide additional written or oral comments.

The department will then consider and respond to any significant comments raised during the public comment period or during the hearing. The department will then make a determination and issue a final notice of intent.

Public Participation

The department posts the draft permit on its website for public review and 45-day public comment period. Public meeting or hearing may be granted upon request. The department will issue a final notice of intent following the review and evaluation of all public comments received. 

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

EPA’s Environmental Appeals Board

Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the draft RAP, may appeal the director's decision to approve or deny your RAP application to EPA's Environmental Appeals Board under § 124.19 of this chapter. Any person who did not file comments, or did not participate in any public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the draft to the final RAP decision. Appeals of RAPs may be made to the same extent as for final permit decisions under § 124.15 of this chapter (or a decision under § 270.29 to deny a permit for the active life of a RCRA hazardous waste management facility or unit).

Filings hand-carried, mailed via Federal Express, UPS or non-U.S. Postal Services send to:

U.S. Environmental Protection Agency
Environmental Appeals Board
1201 Constitution Ave. NW
U.S. EPA East Building, Room 3332
Washington DC 20004

Documents sent through the U.S. Postal Services send to:

U.S. Environmental Protection Agency
Environmental Appeals Board
1200 Pennsylvania Ave. NW
Mail Code 1103M
Washington DC 20460-001

Additional questions, visit the Environmental Appeals Board or call 202-233-0122.

Requirements

Reporting

Both the owner and the operator must sign any required reports. The facility is required to keep records of all data used to complete the RAP applications and any supplemental information that is submitted for a period of at least three years from the date of application is signed. The department may require the facility to maintain additional records as a condition of their RAP.  

Renewal

Remedial Action Plans may be renewed, with the department approval, for as long as the activity continues. The owner and operator will follow the same application process to renew the permit.

Resources

Hazardous Waste Compliance and Assistance - MoDNR

How to Obtain a Hazardous Waste Permit - EPA

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