Which statement is true about permits under 40 CFR 264?

Which statement is true about permits under 40 CFR 264?

• A. Facilities may operate without a permit.
• B. Facilities must be issued permits by EPA.
• C. Permits are issued by state agencies only.
• D. Permits are only required for minor storage.

Answer: (B)

The key idea is that a hazardous waste facility must have a permit from the regulator in charge of its RCRA program before it can operate. Under 40 CFR 264, the authority to issue that permit rests with the regulator—typically an EPA-approved state environmental agency. If a state is not authorized to run the RCRA program, EPA issues the permit directly. So, the concept tested is that a facility cannot operate without a permit and that the permit comes from the regulating authority (EPA or an authorized state agency). This makes the statement that facilities must be issued permits by EPA the best answer among the options, because it captures the requirement for a permit and the agency that ultimately issues it. It’s true in the sense that, where states lack authorization, EPA handles the permitting; and in authorized states, the state agency issues the permit under EPA oversight. The other choices don’t fit: operation without a permit is not allowed; permits aren’t issued exclusively by states in all cases (EPA steps in when states aren’t authorized); and permits cover more than just minor storage.

The key idea is that a hazardous waste facility must have a permit from the regulator in charge of its RCRA program before it can operate. Under 40 CFR 264, the authority to issue that permit rests with the regulator—typically an EPA-approved state environmental agency. If a state is not authorized to run the RCRA program, EPA issues the permit directly. So, the concept tested is that a facility cannot operate without a permit and that the permit comes from the regulating authority (EPA or an authorized state agency).

This makes the statement that facilities must be issued permits by EPA the best answer among the options, because it captures the requirement for a permit and the agency that ultimately issues it. It’s true in the sense that, where states lack authorization, EPA handles the permitting; and in authorized states, the state agency issues the permit under EPA oversight. The other choices don’t fit: operation without a permit is not allowed; permits aren’t issued exclusively by states in all cases (EPA steps in when states aren’t authorized); and permits cover more than just minor storage.