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Vermont Hazardous Waste Permit (18-VT-b)

The Secretary of Vermont Agency of Natural Resources (ANR) comprehensively regulates hazardous waste to “protect public health and the environment.’’ Vermont Hazardous Waste Management Regulations, CVR 12-032-001 § 7-101-102; 10 V.S.A. § 2853(5); Waste Management, 10 V.S.A. §6601 et seq. ANR has delegated permitting and reporting authority to the Vermont Department of Environmental Conservation (DEC), a department within ANR. The DEC’s Waste Management and Prevention Division regulates the “generation, storage, collection, transport, treatment, disposal, use, reuse, and recycling of hazardous waste in Vermont” pursuant to Waste Management, 10 V.S.A. § 6601 et seq.; Vermont Hazardous Waste Management Regulations, 12-032-001.


Hazardous Waste Permit Process

18-VT-b.1 to 18-VT-b.2 — Determine if Waste is a Hazardous Waste

A developer must determine if any waste that they generate, transport, treat, store, dispose, or recycle is a hazardous waste in order to define permitting and reporting requirements. A developer who generates or who is in control of a waste must determine if that waste is a hazardous waste pursuant to Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(b). “Hazardous waste” means any waste or combination of wastes which meets the definition of Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-103, including but not limited to:

  • Any waste generated from the treatment, storage, disposal, or use of a hazardous waste (i.e., sludge, spill residue, ash, emission control dust, leachate, and precipitation runoff which comes in contact with the waste itself) except:
    • A material that is reclaimed from a waste and that is used beneficially is not a waste and hence not a hazardous waste under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal; and
    • Any waste generated from the treatment, storage, or disposal of hazardous waste that is listed in Vermont Hazardous Waste Management Regulations, 12-032-001 §§ 7-210—7-215 solely because it exhibits one or more of the characteristics of hazardous waste identified in Vermont Hazardous Waste Management Regulations, 12-032-001 §§ 7-205—7-207, is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste. However, wastes that exhibit a characteristic at the point of generation are subject to the requirements of 40 CFR § 268 et seq., even if they no longer exhibit a characteristic at the point of land disposal;
  • Any waste transported into Vermont that is classified as hazardous waste in the state in which the waste was generated; and

Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(a). The developer must use “either suitable available product constituent information or the sampling analytical and test methods and procedures specified in Vermont Hazardous Waste Management Regulations, 12-032-001 §§ 7-205—7-208, 7-219, as appropriate, when determining whether a waste is hazardous waste.” Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(c).

The developer must return copies of the results of the hazardous waste determination. The copies must include the results “from constituent analysis or testing of waste, or other product constituent information used to determine whether or not a waste is hazardous waste must be retained on-site by all generators in accordance with Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-710(a)(2). Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(d).

18-VT-b.3 to 18-VT-b.5 — Is the Waste a Hazardous Waste?

A waste that exhibits a hazardous characteristic as described in Vermont Hazardous Waste Management Regulations, 12-032-001 §§ 7-205—7-208 is a hazardous waste.

Every hazardous waste is assigned every EPA or Vermont hazardous waste code that is applicable pursuant to Vermont Hazardous Waste Management Regulations, 12-032-001 §§ 7-205—7-208. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(f). In addition each hazardous waste listed in Vermont Hazardous Waste Management Regulations, 12-032-001 §§ 7-210—7-215 is assigned an EPA or Vermont hazardous waste code that precedes the name of the waste. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(e).

The developer must use this (these) code(s) in complying with the notification requirements of Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-104, the land disposal restriction requirements of Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-106, the marking requirements of Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-311(f), and all applicable manifest, recordkeeping and reporting requirements under these regulations. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(f); Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(e).

The developer must use the EPA hazardous waste code and description, if a waste is identified by both EPA and Vermont hazardous waste codes and descriptions. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-202(g).

18-VT-b.6 to 18-VT-b.7 — Does a Conditional Exemption Apply?

The developer does not need to report or adhere to any of the Vermont Hazardous Waste Management Regulations, 12-032-001 for the following wastes:

  • Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused;
  • Household sewage and any mixture of household sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment in accordance with the provisions of a permit issued under Title 10 Chapter 47 Water Pollution Control;
  • A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste treatment manufacturing unit until it exits the unit in which it was generated provided:
    • The unit is not a surface impoundment; and
    • The hazardous waste remains in the unit for less than ninety (90) days after the unit ceases to be operated for manufacturing, storage, or transportation of a product or raw material.
  • Containers and inner liners from containers of hazardous waste provided that the containers and inner liners are empty. Containers and inner liners are empty under the following conditions pursuant Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-203(j); and
  • Mixtures of solid waste and hazardous waste in accordance with Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-203(k).

Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-203.

For a complete list of conditional exemptions, see: Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-203.

18-VT-b.8 to 18-VT-b.9 — Does a Recycling Exemption Apply?

The developer does not need to report or adhere to any of the Vermont Hazardous Waste Management Regulations, 12-032-001 if the wastes are recycled as specified in Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-204. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-204.

18-VT-b.10 to 18-VT-b.11 — Does the Project Activity Qualify for a Temporary EPA ID Number?; Temporary EPA ID Request Form

A developer that “generates hazardous waste only from an episodic event” may instead apply for a temporary hazardous waste identification number, which is valid for ninety (90) days. In this case, the developer must submit a Temporary EPA ID Number Request to the Waste Management and Prevention Division. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-104(d).


18-VT-b.12 — Hazardous Waste Handler Site ID Form

A developer must submit a complete Vermont Hazardous Waste Handler Site ID Form (Site ID Form) to the Waste Management and Prevention Division for “generating or transporting hazardous waste, or owning or operating a transfer facility, or owning or operating a facility for the treatment, storage use, disposal, or recycling of hazardous waste.” Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-104. The following regulatory provisions define the threshold:

  • “Treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous or solid waste, so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste safer for transport, amenable for recovery, amenable for storage, or reduced in volume, or for hazardous wastes, so as to render such waste nonhazardous. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-103. If a developer treats, stores, or disposals of hazardous waste then Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-501 apply;

Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-103; Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-501; Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-401; Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-301.

In addition, a developer managing waste under the provisions of the universal waste management standards of Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-901 must also submit a complete Site ID Form to the Waste Management and Prevention Division. Vermont Hazardous Waste Management Regulations, 12-032-001 § 7-104.

A developer must submit a complete Site ID Form in accordance with Vermont Instructions for Preparing the VT Hazardous Waste Handler Site ID Form. A complete Site ID Form must include, at minimum:

  • Site name, physical location;
  • Name, address, and contact information of the site contact person, legal owner and operator of the site; and
  • A description of hazardous wastes, including the name of the waste, waste codes and estimated monthly quantity of the hazardous waste handled at the site.

Vermont Hazardous Waste Handler Site ID Form.




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Edit Vermont Waste Management and Prevention Division
Permitting, Rules, and Regulatory Interpretation
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