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Vermont Hazardous Waste Permit (18-VT-b)

Information current as of 2020
In Vermont, a person (developer) may need to submit a 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. 12-032-001 Vt. Admin. Code § 7-104.


The Secretary of Vermont Agency of Natural Resources (ANR) comprehensively regulates hazardous waste to “protect public health and the environment.’’ 12-032-001 Vt. Admin. Code § 7-101-102; Vt. Stat. Ann. tit 3 § 2853(5); Vt. Stat. Ann. tit 10 § 6601 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 Vt. Stat. Ann. tit 10 § 6601 et seq..



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 12-032-001 Va. Admin. Code § 7-202(b). “Hazardous waste” means any waste or combination of wastes which meets the definition of 12-032-001 Va. Admin. Code § 7-103, including but not limited to:

  • Any waste which exhibits one or more of the characteristics described in 12-032-001 Va. Admin. Code §§ 7-205—7-208; except waste that is regulated because it exhibits one or more of the characteristics of hazardous waste identified in 12-032-001 Va. Admin. Code §§ 7-205—7-208, when the waste no longer exhibits any characteristic. However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of 40 C.F.R. § 268 et seq., even if they no longer exhibit a characteristic at the point of land disposal. Moreover, a waste that exhibits the characteristic of toxicity that has been land disposed shall never cease to be a hazardous waste;
  • 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 12-032-001 Va. Admin. Code §§ 7-210—7-215 solely because it exhibits one or more of the characteristics of hazardous waste identified in 12-032-001 Va. Admin. Code §§ 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 C.F.R. § 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
  • Rebuttable presumption for used oil. Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 12-032-001 Va. Admin. Code §§ 7-210—7-215. Developers may rebut this presumption by demonstrating that the used oil does not contain hazardous waste.

12-032-001 Va. Admin. Code § 7-202(a). The developer must use “either suitable available product constituent information or the sampling analytical and test methods and procedures specified in 12-032-001 Va. Admin. Code §§ 7-205—7-208, 7-219, as appropriate, when determining whether a waste is hazardous waste.” 12-032-001 Va. Admin. Code § 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 12-032-001 Va. Admin. Code § 7-710(a)(2). 12-032-001 Va. Admin. Code § 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 12-032-001 Va. Admin. Code §§ 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 12-032-001 Va. Admin. Code §§ 7-205—7-208. 12-032-001 Va. Admin. Code § 7-202(f). In addition each hazardous waste listed in 12-032-001 Va. Admin. Code §§ 7-210—7-215 is assigned an EPA or Vermont hazardous waste code that precedes the name of the waste. 12-032-001 Va. Admin. Code § 7-202(e).

The developer must use this (these) code(s) in complying with the notification requirements of 12-032-001 Va. Admin. Code § 7-104, the land disposal restriction requirements of 12-032-001 Va. Admin. Code § 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. 12-032-001 Va. Admin. Code § 7-202(f); 12-032-001 Va. Admin. Code § 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. 12-032-001 Va. Admin. Code § 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 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 12-032-001 Va. Admin. Code § 7-203(j); and
  • Mixtures of solid waste and hazardous waste in accordance with 12-032-001 Va. Admin. Code § 7-203(k).

12-032-001 Va. Admin. Code § 7-203.

For a complete list of conditional exemptions, see: 12-032-001 Va. Admin. Code § 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. 12-032-001 Va. Admin. Code § 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. 12-032-001 Va. Admin. Code § 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.” 12-032-001 Va. Admin. Code § 7-104. The following regulatory provisions define the threshold:

  • A “transfer facility” means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation. 12-032-001 Va. Admin. Code § 7-103;
  • “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 12-032-001 Va. Admin. Code § 7-501 apply;
  • ”Storage” means he actual or intended containment of wastes, either on a temporary basis or for a period of years; in such a manner as not to constitute disposal of such wastes. Hazardous waste that is being staged at a recycling facility for no more than three (3) days is not considered to be in storage. 12-032-001 Va. Admin. Code § 7-103. If a developer treats, stores, or disposals of hazardous waste then 12-032-001 Va. Admin. Code § 7-501 apply; and
  • “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. 12-032-001 Va. Admin. Code § 7-103. If a developer treats, stores, or disposals of hazardous waste then 12-032-001 Va. Admin. Code § 7-501 apply.

12-032-001 Va. Admin. Code § 7-103; 12-032-001 Va. Admin. Code § 7-501; 12-032-001 Va. Admin. Code § 7-401; 12-032-001 Va. Admin. Code § 7-301.

In addition, a developer managing waste under the provisions of the universal waste management standards of 12-032-001 Va. Admin. Code § 7-901 must also submit a complete Site ID Form to the Waste Management and Prevention Division. 12-032-001 Va. Admin. Code § 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 802-522-0386 Visit Website


Edit Vermont Waste Management and Prevention Division
Program Inspector, Permitting, Spill Program Member (802) 522-0307 Visit Website