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DRAFT STRATEGY
FOR COMBUSTION O7 HAZARDOUS WASTE
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U.S. BKVZROMMEMTAL PROTECTION AOEHCY
KAY 1§»3
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DEAJT STRATEGY FOR COMSPSTTQN OF HA2XRDOPS WXSTF IK'IKCIKERATOPg
AND BOILERS AKD rURKAqpa
I. INTRODUCTION
During the last decade, a dramatic transition in hazardous
waste management has occurred. Untreated hazardous waste ceased
to be placed on the land, and widespread use of waste treatment
technologies, including combustion, ensued. We also began to
understand that even vigorously regulated and enforced hazardous
waste management requirements cannot totally solve our long-term
waste problems. Rather, our long-term national waste management
stratery must have reduction of waste as its first and primary
goal.
EPA, the States, industry, and the public have learned much
about the concept of waste reduction over the last decade. Our
challenge for the next decade is to take these lessons and
develop a strategy to accomplish our goal of source reduction.
Source reduction is and will continue to be at the top of
our waste management hierarchy and must be more aggressively
pursued to reduce the long-term demand for waste management
facilities-. EPA intends to take a fresh look at hazardous waste
management issues as part of moving towards the promise of
pollution prevention and source reduction. Specifically, in this
effort, EPA's goal is to develop an integrated and balanced
program for source reduction and waste management. EPA will
examine the appropriate roles of source reduction and waste
treatment in the nation's hazardous waste management system. EPA
also intends to reexamine its existing regulations and policies
on waste combustion.
This evaluation will be led by a committee of EPA and State
officials. This EPA-State Committee will first be asked to
address the relationship between hazardous waste combustion
facilities and source reduction of hazardous waste, and to make
recommendations on additional source reduction opportunities that
should be pursued. The Committee's second charge will be to
address how EPA could improve its technical and permitting rules
for hazardous wast* combustion facilities to ensure that such
•facilities reflect the state-of-the-art as veil as continued
technological innovation. The Committee will also be asked to
explore the development of alternative waste treatment
technologies, as well as the need for better science in
evaluating combustion technologies and monitoring emissions from
combustion facilities.
As a starting point for this effort, EPA is issuing this
Draft Combustion Strategy. This document will serve as a
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catalyst for discussion with and input from all interested
parties on how best to integrate source reduction and waste
combustion and on ways by which we can better assure the public
of safe operation of hazardous waste combustion facilities.
This draft combustion strategy consists of a discussion of
the goals and objectives for this project and a series of short
and longer-term actions that can be taken to achieve our, goals.
These actions are intended as the starting point for discussions
with the pufilic and industry. The list of actions in this
document are presented for debate and additional ideas. However,
while that discussion is taking place, EPA intends to
aggressively pursue several of the interim activities.
II. EPA'8 STRATEGIC GOALS
A* Background for the Goals
Combustion is currently a large component of hazardous waste
management in the United States. It has become a large component
as the nation moved away from land disposal in the 1980's and
into treatment to reduce the volume and toxicity of hazardous
waste. As this shift occurred in the 1980's, citizens in areas
where incinerators or boilers and industrial furnaces (BIFs) are
located have increasingly challenged the need for these hazardous
waste combustion facilities. Citizens evidence concern that
waste combustion is too frequently used where source reduction
may be the preferred alternative. Citizens also raise concerns
regarding facility siting and potential health risks posed by
waste management facilities.
Hazardous wastes being burned today are generated by major
segments of American industry, and represent a spectrum of
commonly-encountered wastes, including spent solvents, sludges
and distillation bottoms, and off-spec organic chemicals and
products. About 5 million tons of these highly organic »»•*••_
are being combusted each year — some 40% in incinerators and 60%
in BIFs. Based on our most recent data, it appears that
substantial Excess capacity exists for combustion of hazardous
waste, particularly liquid wastes. It should also b« recognized
that although some additional wastes are untreated today, these
wastes will soon be subject to treatment requirements mandated
under the Hazardous and Solid Waste Amendments of 1984 JHSWA).
These treatment requirements could use up much of today's surplus
capacity over the next several years.
Incinerators and BIFs burning hazardous waste are regulated
by EPA and authorized »t*te« «nd«r the Resource C°nn8«™£i°nfa"d;t
Recovery Act (RCRA). EPA's incinerator permit regulations, first
promulgated in 1981, control emissions of PrincjPatu???ani^
hazardous constituents (POHCs), hydrochloric acid (HC1), and
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particulats matter at incinerators. For interim status
incinerators, only general facility regulations are in place. In
1988, the Office of Solid Waste (OSW) issued guidance to the EPA
Regional Offices directing that, on a case-by-case basis under
the omnibus provision in RCRA section 3005 (c), incinerator
permits should be issued with major substantive improvements
including controls on metals and products of incomplete
combustion (PICs) and improved controls on HC1 and acid gases.
• '
BIF facilities burning hazardous waste are all currently in
interim status. These facilities — such as cement and
lightweight aggregate kilns — are subject to EPA regulations
adopted in 1991. These regulations, among other things, impose
emission controls for metals, PICs, and HC1 and acid gases that
remain in effect until final permits are issued for these
facilities. Currently, there are about 160 interim status BIFs,
which are pending final determinations on their permits.
Waste combustion has been viewed as a means to detoxify
many hazardous wastes, particularly those containing high levels
of organics. EPA's position has been that, if conducted in
compliance with regulatory standards and guidance, combustion can
be a safe and effective means of disposing of hazardous waste.
As new information has come to light, improvements to the
regulations governing BIFs and incinerators have been and will
continue to be pursued.
EPA. believes that our task now is to better integrate source
reduction with the regulatory approach to combustion of hazardous
waste, and further ensure that national rules reflect the best
combustion controls possible. For example, we should broaden our
approach to include consideration of how an aggressive source
reduction program should factor into national policy on the
permitting of hazardous waste combustion facilities. Of course,
remediation wates present a different circumstance than newly-
generated wastes and, given the finite set of options for dealing
with historic cleanup sites, combustion may be th« most
appropriate remedy. In addition, waste minimization
opportunities at cleanup sites are usually severely limited. The
EPA-Stat« Committee will focus on these and other similar issues
as part of th« national dialogue on integration of source
reduction and waste management.
B. gPX'a Goals . '
Th« foundation of this draft strategy ar« th« following five
goals:
o To establish a strong preference for source reduction
ov«r wast* management, and thereby reduce the long-term
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demand for combustion and other waste management
facilities.
o To better address public participation in setting a
national source reduction agenda, in evaluating
technical combustion issues, and in reaching site-
specific decisions during the waste combustion
permitting process.
o To develop and impose implementable and rigorous state-
of-the-art safety controls on hazardous waste
combustion facilities by using the best available
technologies and the most current science.
o To ensure that combustion facilities do not pose an
unacceptable risk, and use the full extent of legal
authorities in permitting and enforcement.
o To continue to advance scientific understanding with
regard to waste combustion issues.
These goals address the major, issues surrounding hazardous
waste combustion today and provide an appropriate framework for a
broad assessment of how source reduction and combustion of
hazardous waste can be integrated into a national waste
management program. This assessment will be comprised of many
different activities, many of which will b« led by the EPA-State
Committee. The Committee and other interested parties are
encouraged to examine these goals critically and to consider
whether and how they can b« improved.
III. THE PROCESS FOR PURSPTKO A NATIONAL BTRATgQT
Under RCRA, EPA and.the States are partners and co-
regulators of the generation, transportation, treatment, storage,
and disposal of hazardous waste. EPA therefore is firmly
committed to the view that any evaluation of the role of
hazardous waste combustion in our hazardous waste management
strategy must be undertaken as a joint federal and state effort.
To that end, an EPA-State Committee will b«T formed under the
aegis of the EPA-State Operations Committee. As mentioned
earlier, the initial charge to this Committee includes components
dealing with aggressive source reduction, improvements to
.technical and permitting standards, alternative treatment
technologies, and a better scientific foundation for decision
making.-
In each of these areas, this draft strategy lays out a
series of short and longer-term actions for public discussion.
EPA intends to involve all stakeholders in this dialogue. EPA is
providing these ideas as a starting point for discussion on
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that existing combustion
actions to
hazardous waste facilities and
is closely controlSd through
enforcement. "^wugn
at
an waste
and aggressive
reduction nd wast, cotion hi=
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« federal
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ftgTIOOT TO TMPtmt^ffr pTMTnarr y^,,,,
Accordingly. EPA will .««,«. ?f nf th* «nvironnent.
The short tera actions include:
0
Direction to EPA Regions and states to:
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Perform site-specific risk assessments, including
indirect exposure, at incinerator and BIF
facilities in the permitting process
. — Use omnibus permit authority in new permits at
incinerator and BIF facilities as necessary to
protect human health to impose upgraded
particulate matter standards and if necessary
additional metal emission controls, and to impose
limits on dioxin/furan emissions
Establish a priority for reaching final permit
decisions for incinerators and BIF facilities
Enhance public participation in permitting of
incinerators and BIFs
Enhance inspection and enforcement for
incinerators and BIFs.
The longer-term actions include:
o Continued efforts to build an aggressive source
reduction program, including exploration of the
usefulness and feasibility of setting a national
capacity reduction goal for generation of combustible
waste
o Investigation of feasibility and risks associated with
alternative waste treatment technologies
o Upgrades to EPA's rules on emission controls at
combustion facilities and on continuous emission
monitoring techniques
o Upgrades to EPA's rules on the permitting and public
involvement process for combustion facilities
A. Short Term Actions
1. integration ef Aggressive Source Reduction and Waste
Combustion
e Use of permit priorities to stimulate source
reduction
Over the next 18 month*, »« the national dialogue on
reduction is held, EPA will give low priority to permit-related
,
requests for additional combustion capacity fiXffifififc J^ere J»|
capacity offsets the retirement of existing combustion capacity
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The Agency will consider such request? for additional combustion
capacity only if the new capacity would provide a substantial
reduction in emissions. These administrative measures will a.llow
the Agency to focus as a priority matter on assuring the safety
of currently operating facilities. Furthermore, to the extent
any ntw capacity is considered, it will be state-of-the-art
cSmbultion units designed to achieve more efficient combustion
and lower emissions. These measures will extend to new permit
*r«oicAtions modifications to existing permits to expand
comiiSliorcapacIty, and expansion of interim status combustion
operations.
o Publication of final "waste Minimization Program
in Place" guidelines.
These guidelines identify the elements of a waste
--
incorporate the elements of a good waste minimization program
into the set of requirements that a facility must meet.
o work witn the waste treatment industry as a means
tSget more aggressive action on source reduction
from the generators of combustible waste.
source reduction.
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Target generating industries that P*oduc«
combustible wastes both for source reduction
i£££tUB» and for requiring generator. to
conduct wast* minimization avdits.
partnership with EPA and the states.
« Mazimua public involvement and information
rtgardlnS source reduction and its integration
vith waste combustion
generating facilities.
2 immediate Actions in combustion Facility Permitting
ot
^sus.^or^y^ ~"i"r£? ^u tt- w"priat*
Sedition, in p.n.it« b«ing is.u«d.
d th. •"r°™" ^ o
huian health and th. •"^r°™"nc2 ^^STnew permit or reisjuanoe
i8U oiramst.no... vh.n
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The following
Ris* Assessments
EPA is directing that site-specificrisX ^•«g$%ECM..
conducted at incinerators and BIFs during. jn P indirect risk
Thes« ^nould be done ^pfH Gently developing updated, final
assessment guidance. EPA is c r combustion facilities,
guidance on conducting risk »"£*;™nf rom indirect exposures.
C
indirect risks)
nrtieulatt H»tt«
control* on K«t«l
8a»rdou. va.t. =o^»»ti=n unit,
.
^tlti-' in "hioh "
e Dioxins and FUT»B»
Site
may r«v«al "J« "•fdappr0priat. us. of th. omnibus
anfs?ate. should imp
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interim measure emission limits of 30 ng/dscm (based on the sum
of all tetra through octa dioxin and furan congeners). This
standard is the same as the New Source Performance standard for
new municipal waste comousters. Regions and states should
supplement this with more stringent emission limits if the site-
specific risk assessment warrants.
o Permit Controls on Incinerators and- BIT*
EPA regions and states should-bring incinerators and BIFs
under permit controls as soon as possible. This will be
implemented through establishment of a schedule for calling in
all BIF permits for final determinations. Each region will
develop a plan that provides for commercial BIF permits to be
called in within the next 12 months and for all other BIF permits
to be called in within the succeeding 24 months. Permits
represent one of the most effective means by which EPA and the
authorized states can develop and enforce conditions on the
operation of incinerators and BIFs. At this point, no BIFs have
had final permit decisions. Thus, permit determinations should
be made as expeditiously as feasible to effectively control those
operations that can be operated safely as well as deny permits
at those facilities that can not be operated safely.
o Enhanced Public Participation
Public participation is one of the major cornerstones of
EPA's environmental programs. EPA is committed to meaningful
public involvement in its permitting programs. Local citizens
must be given the opportunity to assure themselves that
facilities in their neighborhoods will be operated safely.
EPA will immediately provide for greater public
participation in the permitting of BIFs and incinerators, and
will initiate amendments to its rules to reflect new avenues for
public participation. Prior to these amendments being finally
adopted. EPA will direct all regions and states to provide
immediately Tor additional public participation opportunities
during permitting of combustion units - particularly at earlier
stages than now provided for under EPA's current permitting
regulations. These should include, but are not limited to,
public comment on the trial burn plan. EPA will also direct that
local citizens be given tho opportunity to participate during the
risk assessment process at combustion facilities.
o snaancad Inspection and safcrecncnt
EPA will continue and enhance its current enforcement
efforts regarding combustion units through aggressive inspection
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and enforcement at both BIFs and incinerators and through use of
specialized combustion inspectors. Based on our experience and
the level of public concern about the compliance record of
commercial combustion units, the use of aggressive enforcement
and special inspectors will ensure the maximum timeliness and
extent of compliance. In particular, if an event occurs that
results in non-compliance, EPA or the state will be in a position
to take the appropriate enforcement or permitting action,
including abatement of the problem or, if necessary, shutdown of
combustion operations. Whenever appropriate, Regions and States
are encouraged to use permanent on-site inspectors at commercial
j ncinerators and BIFs. -
B. Longer Tern Actions
EPA will also immediately pursue a number of longer term
actions to continue the progress towards our goals of source
reduction, balancing the amount of combustion capacity with the
actual- needs, ensuring combustion safety, and providing for
greater public participation.
o Continue to build an aggressive source reduction
pregri
EPA will conduct a national round table on source reduction
opportunities for hazardous wastes. The national round table on
source reduction will seek to highlight avenues, for reducing the
amount of waste being combusted, and will explore the appropriate
balance between source reduction and use of combustion as a waste
management tool. The round table will explore both regulatory
and non-regulatory options to encourage and/or require source
reduction. Generating and treatment industries will be asked to
participate actively in this effort. Results will also be used
by the EPA-State Committee to establish a national dialogue among
the interested parties on the proper integration of source
reduction and waste combustion.
e Establishment of a Percent/Target Year Program for
reduction of combustible hazardous wastes
EPA will work with the states towards establishing a program
in which industry is challenged to reduce by a selected .
percentage and by a target year the amount of process wastes
going to combustion units. EPA will discuss with all interested
parties the appropriate percentage reduction to be used as a goal
and the appropriate time frame for this reduction.
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o Upgrade EPA's rules to reflect state-of-the-art
advancements
EPA will initiate a rulemak.ing to upgrade our combustion
rules. In doing so, EPA will explore the feasibility of a
technology-based approach, particularly with respect to setting
emission controls on metals, dioxins and furans, acid gases,
particulate matter, and products of incomplete combustion. In
addition, EPA will continue to refine its risk assessment
guidelines to ensure that all risks are effectively addressed .by
national regulations or site-specific permit conditions.
o Upgrade EPA's rules oa permit proees: for
combustion units
While EPA is directing regions and states to immediately
afford greater public participation on a permit-by-permit basis,
we will seek to modify our rules to reflect expanded public
participation. EPA will initiate a rulemaking to codify our goal
of increased public participation at earlier stages in the
permitting process for incinerators and BIFs. In particular, EPA
will address the trial burn process and the public's role in that
process.
EPA also believes there is a need to explore a rulemaking to
reform the permit appeal process for combustion units whose
permit applications have been denied by the Regional
Administrator or State Director. In particular, where the unit
has been burning waste under interim status, EPA will seek to
establish rules that prevent the continued burning of waste
during administrative appeals of a permit denial decision. EPA
will also explore additional guidance or a rulemaking to clarify
the number of permissible trial burns allowed before permit
denial.
e Use and Feasibility of a Long-Term National
Capacity Reduction Goal
EPA will explore the usefulness of developing a long-term
reduction goal (e.g., a 25% reduction in combustion capacity over
the next 10 years) to reduco combustion capacity beyond that
which can be achieved through source reduction efforts. The
purpose of such a goal would be to give more concrete national
guidance on how best to mesh combustion demand with capacity.
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e Conduct research on continuous monitoring for
organics, including dioxins and m»tals.
EPA will use its research resources to continue and enhance
scientific inquiry on ways to better determine what constituents
are in emissions from combustion units and to develop the
technology needed to monitor these emissions on a continuous
basis? EPA will work cooperatively with the waste combustion
industry to address these research areas.
o investigate innovative waste treatment
technologies that provide protection to human
health and the environment.
EPA will continue and enhance its efforts to foster the
development of innovative technologies for the safe and effective
treatment of hazardous waste. Such actions are essential to our
national waste management system and to our global
competitiveness .
V.
EPA is committed to evaluating the role that source
reduction and combustion of hazardous waste should play in our
national' waste management program. EPA will work in gj*1
partnership with the States in this effort. EPA and the States
will embark upon a full and open discussion with all
stakeholders, including affected citizens and industries, on the
issues and actions detailed in this Draft Combustion Strategy.
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