Is there a formal approval process for registering disposal facilities?

Definition of Registered Facility

Must states have a formal approval process for a registered facility?

No. The conditionally exempt small quantity generator (CESQG) regulations of 40 CFR Section 261.5 allow CESQGs to either treat or dispose their hazardous waste in an on-site facility or ensure delivery to one of seven types of off-site treatment, storage or disposal facilities (Section 261.5(f)(3) and Section 261.5(g)(3)). One option provided to CESQGs is to send waste to a facility that is permitted, licensed, or registered by a state to manage municipal or industrial solid waste (Section 261.5(f)(iv) and Section 261.5(g)(iv)).

The requirement that a facility be permitted, licensed, or registered by a state was not intended to impose any particular procedure for approval on states. All that is required is that the state have some procedure for approval of the facility (Letter; October 9, 1986, Greenwood to Peck). The purpose of this condition is to ensure that states have reasonable oversight of facilities managing CESQG waste. The underlying intent of the requirement is to allow states to assess the risks associated with facilities handling CESQG waste, and to determine when CESQG waste should not be managed at a particular facility (45 FR33104; May 19, 1980). States without a formal permitting or licensing program can still “register” a facility. For example, an exchange of letters could be an appropriate way for a state to “register” a facility (Letter; October 9, 1986, Greenwood to Peck).