Federal Permits and Approvals

DOE-STD-6003-96

According to the National Pollutant Discharge Elimination System (NPDES), states will

issue NPDES permits to discharge wastes into waters of the United States using minimum

technology-based guidelines set by the EPA. An NPDES permit for all discharges to waters of

the United States must be obtained. Fusion facilities shall comply with applicable U.S. Army

Corps of Engineers dredge and fill regulations. Impacts to wetlands greater than 10 acres will

require an additional permit from the U.S. Army Corps of Engineers.

Safe Drinking Water Act. If future fusion facilities affect existing or require new drinking

water systems, a permit to conduct monitoring must be obtained as required.

The Resource Conservation and Recovery Act (RCRA) was established to regulate solid

and hazardous wastes.

a. Solid Waste. Subtitle D requires each state to prepare a solid waste management

plan to prohibit new open dumps and require upgrading or closing of all existing

dumps. Federal guidelines for solid waste collection, transport, separation, recovery,

and disposal practices have been promulgated.

b. Hazardous Waste. Under the land disposal restrictions (40 CFR 268) the generator of

hazardous waste must assure a system of manifesting, reporting, standards, and

permits to achieve control of hazardous waste from generation to final disposition.

These requirements apply to generators and transporters of hazardous waste and

owners and operators of hazardous waste treatment, storage, and disposal (TSD)

facilities. Reuse, reclamation, and recycling of hazardous waste is also subject to the

regulatory program.

Under the land disposal restrictions (40 CFR 268) waste generators must assure that the

waste is treated prior to ultimate disposal to the land. Specific requirements have been estab-

lished by the EPA, usually requiring treatment to a particular contaminant concentration, but

occasionally requiring a specific treatment method.

There are also extensive regulations for the various processes or techniques by which

hazardous wastes may be managed. These detailed standards include requirements for the

proper management of containers, tank systems, surface impoundments, waste piles, land

treatment, landfills, incinerators, and miscellaneous units (those not covered by the specifically

identified techniques). State regulations may be more extensive than the Federal system and

must be reviewed for applicability.

The operation of the fusion facilities may require preparation of a new RCRA Part A or

Part B permit application, a change in existing interim status, or a modification to an existing

permit, depending on site location.

1. Underground storage tanks. All new underground storage tanks must be permitted

prior to installation. Any person proposing to install a tank must file a notification prior

to installation and prior to operation. The underground tank rules in RCRA Subtitle I