vvEPA
United States Solid Waste and
Environmental Protection Emergency Response EPA530-D-94-002
Agency (5305) May 1994
Draft Hazardous
Waste Minimization
and
Combustion Strategy
Announcement and Review
Of Past Activities
Recycled/Recyclable
Printed on paper that contains at
least 50% post-consumer recycled fiber
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DRAFT STRATEGY
Z. BACKGROUND
«^o J2' i"3' Administrator Carol M. Browner announced a
series of bold steps, including the release of EPA's Draft
Hazardous Waste Minimization and Combustion Strategy, that the
Agency would be undertaking, first, to achieve redactions in the
amount of hazardous waste generated in this country and, second,
to further ensure the safety and reliability of hazardous waste
?Uf n ln lncinerat°rs and boilers and industrial furnaces
(BIFs) .
The announcement signaled the Administrator's intention for
5 \J° 3a*f.a JeadershiP rol« in re? hing a balanced resolution
of the difficult hazardous waste issues involved. Since May
1993, EPA has led a broad and open national effort to take a
fresh look at how to achieve a fully integrated waste management
program in which economically sound source reduction decisions
are given proper emphasis, and how to delineate the appropriate
role for hazardous waste combustion.
II. TODAY'S ANNOUNCEMENTS
EPA is today announcing the release of several significant
documents, which mark major steps towards ultimately reducing the
amount of waste generated and further ensuring the safety and
reliability of facilities that burn hazardous waste.
Proposed Rule on Public Involvement and Immediate
Implementation Guidance: EPA Administrator Browner has today
signed a proposed rule to enhance public involvement in the RCRA
permitting process. The proposal contains several important
features designed to give citizens earlier and more effective
involvement in what is allowed to occur in their communities.
These features include: (1) a pre-application meeting, in which
the facility owner and operator would be required to hold a
nesting with the affected community prior to submitting their
RCRA permitting application; (2) notice to the public of when the
Agency receives a permit application for a RCRA facility; (3)
provisions for establishing, in some cases, a local information
repository; and (4) notice to the public that a trial burn is
scheduled. . .
The proposed rule also contains provisions that strengthen
permitting requirements for hazardous waste combustion
facilities. Key components include: (1) Agency approval of the
trial burn plan for interim status units prior to the actual
burn; (2) limitations on post-trial burn operations; (3)
narrowing use of trial burn waivers based on data submittal; and
(4) clearer authority to deny a permit based on trial burn fail-re,
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Draft RCRA Hazardous Waste Minimization Plan: Today's Draft
Hazardous Waste Minimization Plan is the central framework for
EPA's federal effort to maximize the source reduction and. ,
recycling of hazardous waste under the Resource Conservation and
Recovery Act (RCRA). The Draft Plan focuses on a number of :.
specific goals, including reducing the amount and toxicity of
hazardous waste that is generated, particularly when such
reductions would benefit more than one environmental medium.
The Draft Plan has both a short-term and longer-term phase.
In the short-term, EPA will address the source reduction and
environmentally sound recycling of metal-bearing and halogenated
combustible hazardous wastes. The longer-tern effort will
encompass all RCRA hazardous wastes, taking *. more comprehensive
approach to understanding how waste is.generated and managed in
this country and the role waste minimization can play as a
principal "mode of management."
OSW will explore achieving source reduction and recycling
through a variety of voluntary and regulatory programs, working
closely with the States to build upon the significant efforts
that many States have already begun. While today's Draft Plan
does not include a specific quantitative goal in terms of percent
reduction in combustible and other hazardous waste/ the Agency
specifically solicits comment on this and expects to include a
quantitative goal in the final Plan.
EPA is releasing the Hazardous Waste Minimization Plan in
draft form in order to seek further input from the various T
stakeholders before finalizing the Plan. After open discussions
with these parties, EPA anticipates finalization of this plan in
Fall 1994.
Combustion Emissions Technical Resource Document (CETRED):
Over the past year, EPA staff has initiated an in-depth study of
best operating practices (BOPs) at incinerators and boilers and
industrial furnaces (BIFS) burning hazardous waste. The goal of
this study was and is to identify achievable emission levels for
the existing, best-controlled hazardous waste incinerators and
BIFs. This analysis will eventually form the technical core for
EPA's rulemaking to upgrade the technical standards for hazardous
waste combustion facilities, which are now scheduled .for proposal
by September 1995. EPA's intention is to promulgate this
rulemaking under joint authority of the Clean Air Act and RCRA in
order to meet our existing obligations.
The first phase of the study has examined dioxins, furans,
and particulate matter (PM) for hazardous waste incinerators,
light-weight aggregate kilns, cement kilns, and boilers. EPA's
preliminary findings, in terms of emission levels that represent.
best emission controls and operating practices in use at existing
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facilities, are presented In the Combustion Emissions Technical
Resource Document (CETRED), which is being released today.
CETRED identifies these levels for the best-controlled hazardous
waste combustors as 0.1-0.2 TEQ ng/dscm for dioxins and furans,
and 0.005 gr/dscf for PM. EPA's analysis leading up to the
identification of these levels is now being opened up for public
review and comment. The Agency emphasizes that these findings
are preliminary and do not represent a final analysis for these
hazardous waste combustion facilities. That final analysis and
the corresponding final emission levels will be developed over
the next year and presented in a proposed rule now scheduled for
September 1995.
Policy Statement Restricting Combustion of Specified Metal-
Bearing Inorganic Hazardous Wastes: OSWER Assistant
Administrator Elliott Laws is today releasing a policy memorandum
to all Regions clarifying that combustion of certain inorganic,
metal-bearing hazardous, wastes would not constitute effective
treatment under RCRA's Land Disposal Restrictions (LDR) program.
The memorandum states that, if such wastes are combusted, it
could violate the prohibition on dilution, a well-established and
central tenet of the LDR program. The memorandum discusses the
reasons why combustion of inorganic, metal bearing wastes does
not constitute adequate treatment and, in addition, identifies
the environmental concerns that are involved.
III. ADDITIONAL IMPLEMENTATION OP DRAFT STRATEGY SINCE MAY 1993
In addition to the actions announced today, major features
of EPA's efforts to implement the Draft Strategy since May 19'93
include:
Public Outreach: A four-day National Roundtable in
November 1993 and four Regional Roundtables in April-May
1994 with representatives of all of the interested or
affected parties. These Roundtables covered, among other
areas,~pollution prevention, technical emission standards,
permitting, enforcement, siting decisions, and environmental
justice. In addition, Agency personnel have held a
multitude of meetings with individual stakeholders to
discuss specific aspects of the Draft Strategy.
Public Involvement and' Environmental Justice: Changes in
the permit process to enhance the opportunities for earlier
and more effective public involvement. In consultation with
the public, states, and industry, EPA has developed and is
today issuing a proposed rule that would substantially
improve the ability of citizens to have strong involvement
in permitting decisions for hazardous waste facilities (see
above Section for information on the proposed rule). In
addition, the Assistant Administrator for OSWER has
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established a task" force to examine the options available
for addressing siting and related environmental justice
concerns. The task force is scheduled to report to OSWER
management in several months.
Waste Reduction: An in-depth exploration of how pollution
prevention can be maximized for combustible (and other)
wastes, starting with those wastes with high metal or
halogen content. This exploration has culminated in today's
Draft Hazardous Waste Minimization Plan, which addresses how
EPA intends to maximize source reduction for these wastes
(see above Section for information on Draft Plan).
Emission Controls: Initiation of comprehensive technical
studies necessary to begin rulemaking to upgrade the
technical emission standards for hazardous waste
incinerators and BIFs. These studies have led to the draft'1
Combustion Emissions Technical Resource Document (CETRED),
which identifies the best-controlled emission levels at -
existing facilities for dioxins/furans and particulate
matter (PM) (see above Section for information on CETRED).
Controls on metals and other hazardous air pollutants will
be evaluated in the next phase of the technical study
effort.
Permitting: Completion of the call-in of permit
applications for all commercial operating hazardous waste
combustion facilities not yet under full permit controls,
coupled with highest RCRA permit priority for reaching final
permit decisions on these facilities.. ,EPA has given low
priority to evaluating permit applications for new
combustion capacity, which has worked to minimize any
increase in combustion capacity.
Enforcement: Renewed emphasis on strong and aggressive
compliance and enforcement at all hazardous waste combustion
facilities. The Agency has stepped up its inspection
program and, between May 1993 and March 1994, inspected 204
combustion facilities. In addition, EPA and the States have
levied over $25 million in proposed fines against 53
facilities since September 1993.
Risk Assessments: Conducting risk assessments has been
made part of the permitting -process for all hazardous, waste
incinerators and BIFs. These assessments, 31 of which are
currently underway with more expected to begin, address not
only risks from direct exposure pathways (e.g., inhalation)
but also those risks associated with indirect routes of
exposure (e.g., through the food chain). In addition, EPA
has developed implementation guidance concerning risk
assessment screening procedures that is being circulated to
the EPA Regional offices. This guidance will be made
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publicly available shortly.
Good Science: Scientific peer review over EPA's indirect
risk assessment methodology to ensure that the procedures
represent sound science.
Throughout implementation of the Draft Strategy over the
last year, EPA has worked closely with all potentially affected
persons to find out what they think will work and what will not.
In particular, since EPA and the States are partners and co-
regulators in the hazardous waste arena, EPA has been and remains
firmly committed to the view that any evaluation of hazardous
waste source reduction and management must be undertaken as a
collaborative federal and state effort.'"To that end, an EPA-
State Steering Committee on Hazardous Waste has been acting to
advise us in evaluating various options for improving our
national approach to hazardous waste management.
IV. FUTURE ACTIVITIES
With respect to what lies ahead, the Agency believes that it
must continue to exert strong leadership in all the areas
comprising parts of our overall Hazardous Waste Minimization and
Combustion Strategy. As we move towards a finalization of the
Strategy, EPA remains committed to the pursuit of the goals we
identified in May 1993':
o To establish a strong preference for source reduction '
over waste management, and thereby reduce the long-term
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.
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EPA will continue its work on the projects that comprise the
Draft Strategy. For further details on these projects, please
refer to the Attachment, which addresses each of the major areas
that comprise the Draft Strategy. , <
In addition, in the near-term, EPA expects to pursue several
significant activities, including:
As part of the Hazardous Waste Minimization Plan, finalize
identification of high priority metal-bearing and
halogenated waste streams and the industrial processes
associated with those waste streams; and establish a
dialogue with the industries that generate the identified
waste streams in conjunction with discussions with states
and other stakeholders to determine what types of programs
can effectively reduce these wastes.
Continue development of stringent and implementable emission
standards for dioxin, PM, and metals for hazardous waste
combustion'facilities through the rulemaking process, but,
prior to the finalization of the technical standards
rulemaking; also initiate discussions with hazardous.waste
combustion facilities to, determine what can be done .more
quickly to, reduce emission of dioxins and metals;
Assure immediate implementation by EPA Regional offices of
the proposed measures to enhance public involvement in the
permit process, with, continued effort to; finalize .this
proposal as soon as possible; ,-'-
Direct further research funds to the development of
continuous emission monitors for toxic metals, PM, and
potentially other pollutants as part of the overall effort
to improve the compliance and enforcement record at
hazardous waste combust ion .facilities;and
Provide technical assistance and oversight for, the risk
assessments being performed at combustion facilities in the
permitting process..
These actions as well as the other longer-term efforts to
implement the Draft Waste Minimization and Combustion Strategy
will help us to achieve the overriding goals of public
involvement, source reduction, and safe and reliable combustion.
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ATTACHMENT
MAJOR PROJECT AREAS OF
THE DRAFT HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGY
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ATTACHMENT
MAJOR PROJECT AREAS OF
THE PRATT HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGY
PUBLIC OUTREACH
OVERALL GOALS
Establish open and broad national dialogue among
stakeholders on the wide range of issues covered under the
Draft Hazardous Waste Minimization and Combustion Strategy,
including the overall subject of fully integrating waste
minimization and combustion in EPA's hazardous waste
management program.
EPA ACTIVITIES
Agency commitment. in May 1993 to engage the widest range of
interested parties in a broad national dialogue on waste
minimization and combustion issues.
. Press Advisory (September 1993) and Environmental Fact Sheet
(October 1993) released to identify for the public the
planned events and actions associated with the Draft
Strategy and to identify opportunities for public
involvement.
* Four-day National Roundtable on Hazardous Waste Minimization
and Combustion convened in the Washington, D.C. area
November 15-18, 1993. The meeting drew over 200
participants and observers and brought out the views of a
broad spectrum of interests.
A series of four one-day Regional Roundtables on the Draft
Strategy and related topics held in San Francisco, Houston,
Chicago, and Atlanta in April-May 1994. _ Approximately 500
participants and observers provided their views to EPA on a
broad range of issues including pollution prevention,
combustion standards, permitting, compliance and
enforcement, environmental justice, siting, and risK
assessment.
Future initiation of a bi-monthly Jewjlett^.^
keeping interested parties informed of on-going
connoted with the Draft Strategy. The first issue is
scheduled for July 1994.
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WASTE MINIMIZATION - gOTTPQE REDUCTION AND RECYCLING
OVERALL GOALS
* Reinforce strong preference for source reduction over waste
management and thereby reduce long-term demand for
combustion and other forms of waste management. Pursue
aggressive use of waste minimization measures.
EPA ACTIVITIES
Released EPA's guidance on what constitutes a Waste
Minimization Program-in~Place.
Conducted a two-day session on waste minimization (source
reduction and recycling) of hazardous waste, with particular
focus on combustible wastes as part of the four-day National
Roundtable in November 1993.
In November 1993, Administrator Browner sent letters to
approximately 22,000 large quantity generators of hazardous
waste and approximately 12,000 chief executive officers of
the parent corporations of those generators. The letters
referenced current requirements on having waste minimization
programs and encouraged the companies to make those programs
available to the public.
Conducted public dialogue on waste minimization at the four
Regional Roundtables (San Francisco, Houston, Chicago and
Atlanta) in April-May 1994. .
Released in May 1994 EPA's Draft RCRA Hazardous Waste
Minimization Plan, which focuses on a number of specific
goals, including reducing the amount and toxicity of
hazardous waste that is generated, particularly when such'
reductions benefit more than one environmental medium. EPA
will explore achievement of these goals through a variety of
voluntary and regulatory programs focused on those
industrial processes and sectors generating wastes with high
metal or high halogen content.
EPA is releasing the Waste Minimization Plan in draft form
in order to have further broad and open discussions with-
various stakeholders before finalizing the Plan. After open
discussions with all stakeholders, EPA will finalize this
plan for release in Fall 1994.
OSW distributed to the Regions and States an Addendum to the
RCRA Implementation Plan (RIP) for FY '95 discussing how
source reduction and recycling can be integrated into the
existing program (e.g., permits, enforcement agreements) and
Draft Hazardous Waste Minimization and Combustion Strategy, May 1994 "- ATTACHMENT
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can be pursued in non-regulatory initiatives, such as
technical assistance, training, and outreach.
As part of the 1991 RCRA Biennial Report to be released in
Summer or Fall 1994, EPA will include a list of large
quantity generators who were required to certify that they
had a waste minimization program in place in 1991.
Draft Hazardous Waste Minimization and Combustion Strategy. May 1 994 - ATTACHMENT
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TECHNICAL EMISSION STANDARDS AND CONTROLS
OVERALL GOALS , « ' .
*
Develop and impose rigorous controls on combustion
facilities using best available technologies and most
current science. Ensure that combustion facilities do not
pose an unacceptable risk to human health and the
environment.
EPA ACTIVITIES
f> : . '
Entered into settlement agreement in litigation on 1991 BIF
regulations, which obligates EPA to propose upgraded
emission standards for all hazardous waste urners under the
following schedule:
+ Phase I: Includes hazardous waste incinerators, cement
. kilns, light-weight aggregate kilns, and smelter furnaces.
Propose: by September 1995
Promulgate: by December 1996
+ Phase -II: Includes boilers and certain other industrial
furnaces,.
Propose: by September 1998
Promulgate: by December 1999
Conducted a two-day session on upgrading technical standards
as part of the four-day National Roundtable in November
1993.
Conducted public-dialogue on combustion standards at the
four Regional Roundtables (San Francisco, Houston, Chicago
and Atlanta) in April-May 1994.
Initiated technical studies to determine Best Operating
Practices (BOPs) and emission levels for the best-controlled
existing hazardous waste combustion facilities. The first
phase focused on dioxins, furans, and particulate matter,
and has led to the development of the Combustion Emission
Technical Resource Document (see below). The second study
phase will focus on metals and other hazardous air
pollutants, and will be conducted this summer and fall.
*,<
Release in May 1994 of the draft Combustion Emissions
Technical Resource Document (CETRED) that preliminarily
identifies emission levels of dioxins, furans, and
particulate matter (PM) from existing hazardous waste
Draft Hazardous Waste Minimization and Combustion Strategy. May 1994 - ATTACHMENT
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combustion facilities using the best control technologies
and operating practices. CETRED uses an approach to
determining these emission levels that is derived from the
MACT process under the Clean Air Act; however, the levels
identified in CETRED are not MACT determinations. CETRED
also contains an extensive review of the combustion
technologies in use today and of their various performance
characteristics. The dioxin level identified as achievable
by the best-controlled hazardous waste combustors is O.l-o 2
TEQ ng/dscm. The PM level identified is 0.005 gr/dscf.
CETRED is the first preliminary analysis addressing
technology-based emission levels for hazardous waste
combustion facilities and the Draft Strategy. Following
release of CETRED,. EPA intends to provide a period for
public review and comment on the data base and the
analytical pro-ess us'd in the document. At the same time,
EPA will begin work on determining achievable metal levels
by the best-controlled sources. Both the initial phase of
CETRED and the later metals phase will be included as part .
of the regulatory development process that will culminate,
under the current schedule, in a proposed rule in September
1995 covering at least hazardous waste incinerators, cement
kilns, and light-weight aggregate kilns.
In May 1994, EPA also released a statement of policy under
the Land Disposal Restrictions (LDR) program, which
clarifies that combustion of inorganic, metal-bearing
hazardous wastes may not represent adequate treatment and
therefore can violate' the LDR dilution prohibition.
EPA's Office of Solid Waste (OSW) and the Office of Air
Quality Planning and Standards (OAQPS) continue to
coordinate efforts in the development of proposed rules to
set emission standards for hazardous air pollutants; EPA's
intention is to promulgate under joint authority of RCRA and
CAA. These rulemakings will cover sources that are burning
hazardous waste, such as incinerators, cement kilns, light-
weight aggregate kilns, boilers, high temperature metal
recovery devices, halogen acid furnaces, and other types of
industrial furnaces.
Continued examination of each facility permit application to
determine whether use of the RCRA "omnibus permit authority"
to apply additional permit controls beyond those required
under the current regulations is necessary to ensure that
emissions of hazardous constituents do not pose a hazard to
human health and the environment.
Draft Hazardous Waste Minimization and Combustion Strategy, May 1994 -- ATTACHMENT
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COMPLIANCE AND ENFORCEMENT
OVERALL GOALS
Enhance inspection and enforcement efforts against
incinerators and BIFs ,to ensure better compliance with all
requirements for protecting public health and the
environment.
EPA ACTIVITIES
Since May 1993, EPA in conjunction with States have
announced two major enforcement initiatives targeted at BIFs
and hazardous waste incinerators, one in September 1993 and
one in February 1994. Enforcement actions were taken at 53
facilities, with nearly $25 miJlio- in proposed new
penalties and $2.5 million in Battlement (collected)
penalties.
In the September 1993 initiative, a $3 million action was
filed by the State of Illinois against Chemical Waste
Management, Inc.'s hazardous waste incinerator located in
Sauget, Illinois. The State's complaint cites the facility
for uncontrolled fugitive emissions, including vapor, ash,
and smoke, from the burning of hazardous waste.
As part of the February 1994 initiative, the Department of
Justice filed the United States government's first judicial
BIF complaint against Neville Chemical Company located in
Neville Island, Pennsylvania. Neville had reported that its
hazardous waste feed stream contains carcinogenic metals.
Because Neville Chemical Company's failure to properly
monitor and control its hazardous waste feed rates could
have posed a significant risk to human health and the
environment, the U.S. is seeking up to the statutory maximum
penalty of $25,000 per day for each violation.
From May 1993 through February 1994, 208 hazardous waste
combustion facilities or 60% of the total universe have been
inspected, some a number of times. 104 facilities had no
violations detected, for a compliance rate of 54%. Of the
88 facilities that had potential violations, a total of 408
potential violations were Identified. As of March 1, 1994,
45% of these potential violations had been corrected.
In September 1993, EPA completed a three-day workshop for
State and Regional compliance and enforcement staff on
inspections at hazardous waste BIFs. A similar BIF
compliance and enforcement workshop was also held for the
State of Alabama on April 7-8, 1994. The Agency's
enforcement office anticipates continuation of intensive
Draft Hazardous Waste Minimization and Combustion Strategy. May 1994
ATTACHMENT ,
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training efforts on inspection and compliance at hazardous
waste combustion facilities.
On March 29-30, 1994, EPA enforcement and permitting
personnel participated in detailed discussions during a two-
day compliance workshop put on by the Chemical Manufacturers
Association for facilities that burn hazardous waste.
Drift Hazardous Waste Minimization and Combustion Strategy. May 1994 - ATTACHMENT
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PERMITS AND IMPLEMENTATION
OVERALL GOALS .
During the succeeding 18 months after announcement of Draft
Strategy, EPA and the States should give high priority to
reaching final permit decisions on existing combustion units
not yet under permit controls. A corollary and .broader goal
is to achieve better alignment of capacity and demand for
combustion.
EPA ACTIVITIES
Incinerator Universe -- EPA's latest census as of May 1,
1994 shows 164 permitted and interim status incinerators in
the hazardous waste combustion universe. An additional 24
proposed facilities (11 demilitarization and remedial units)
are also potentially in the universe.
Since May 1993, 7 non-commercial onsite incinerators
withdrew from the universe of permitted facilities (most.
units had not been built); 7 commercial facilities withdrew
plans to add capacity, and 3 interim status facilities (1
commercial and 2 non-comercial) decided to close. In
addition, 4 facilities submitted new incinerator
applications (1 commercial, 2 non-commercial, and 1.
remedial). One permit was issued by Texas for the American
Envirotech facility.
BIF Universe EPA's latest census as of May 1, 1994 shows
142 interim status boilers and industrial furnaces in the
hazardous waste combustion universe.
Since May 1993, 15 interim status BIF facilities have
withdrawn from the universe of hazardous waste combustors (5
/commercial cement kilns, 1 commercial boiler, and 9 onsite>
boilers). In February 1994, EPA proposed to deny the permit
application for Marine Shale Processors in Morgan City, LA.
In March 1994, EPA denied the BIF permit application
submitted by National Cement in Lebec, CA (now on appeal).
In addition, on April 4, 1994 in response to a petition
filed by the Hazardous Waste Treatment Council, EPA
determined that: 3 facilities had never qualified for
interim status (Gage Products in Ferndale, MI; ESSROC in
Speed, IN; and Marine Shale in Morgan City, LA); 3 kilns at
Lafarge Cement in Alpena, MI had never qualified for interim
status; Holnam Cement in Ada, OK had qualified for interim
status; River Cement in Festus, MO complied with the
certificate of compliance requirements and could continue to
burn hazardous waste; and that no final determination has
Draft Hazardous Waste Minimization and Combustion Strategy, May 1994 - ATTACHMENT
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yet be made on Boxcrow in Midlothian, TX.
Since May 1993, all EPA Regions and many States have given
highest priority to proceeding towards final permit
determinations for operating interim status combustion
facilities not yet under permit controls. Risk assessments
at 18 incinerators and 13 BIFs are currently underway.
EPA currently anticipates about 10 additional permit
decisions during FY 1994 and about 20 during FY 1995.
In May 1994, EPA distributed additional guidance to Regions
on trial burn procedures (particularly with respect to
obtaining representative PIC levels needed for risk
assessments) to assist the Regions and states in
implementing the Strategy and ir making final permit
determinations.
Draft Hazardous Waste Minimization and Combustion Strategy. May 1994 - ATTACHMENT
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PUBLIC INVOLVEMENT IN PERMITTING PROCESS AND ENVIRONMENTAL
' JUSTICE
OVERALL GOAL
Enhance public involvement opportunities in the process for
considering permit applications for combustion facilities,
particularly with respect to earlier and more effective
involvement.
EPA ACTIVITIES
EPA's Office of Solid Waste met with representatives of
various stakeholder groups in October 1993 to discuss
possible changes to RCRA permitting regulations to enhance
opportunities fot earlier and more effective public.
involvement. ,
9 Administrator Browner issued a memorandum on March 16, 1994
to EPA's Environmental Appeals Board (EAB) directing that
the EAB give highest priority to review of Regional permit
decisions that deny a final permit for an interim status
incinerator or BIF. The memorandum further directs the EAB
to render a decision to the extent practicable within 90
days after the appeal is filed.
Conducted public dialogue on permitting and public
involvement at the four Regional Roundtables (San Francisco,
Houston, Chicago and Atlanta) in April-May 1994. ,
Release today of EPA's proposal to change its RCRA
permitting regulations to provide for earlier and more
effective public involvement in the RCRA permit process. In
addition, EPA is today also issuing a memorandum to the
Regions encouraging them to immediately implement the
provisions to the maximum extent feasible. This will afford
the public expanded opportunities for involvement in the
permit decisions that would otherwise be made prior to time
the rulemaking is finalized.
The rule has two major themes: 1) earlier and expanded
public involvement, and 2) strengthening the permitting
procedures, particularly -for combustion facilities.
Public Involvement Key components of the expanded
opportunities for public involvement in all RCRA permits
include: (1) facility required to hold a pre-application
meeting with the affected community prior to submitting
their RCRA permitting application; (2) notice of permit
application being received by the permitting authority; (3)
public information repository can be requested and
Draft Hazardous Waste Minimization and Combustion Strategy. May 1 994 -- ATTACHMENT
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established in close proximity to the facility site at the
discretion of the permitting agency; and (4) public notice
of trial burn conditions-and scheduling would be required.
Permitting Improvements Key components of the
strengthened permitting procedures for incinerators and BIFs
include: (1) permitting agency approval of the trial burn
plan for interim status units prior to the actual burn; (2)
limiting post-trial burn operations to only those conditions
that the facility successfully passed, and that comport with
the permitted performance standards; (3) narrowing use of
data in lieu of waiver for the trial burn requirements; and
(4) providing clearer regulatory authority on denial of a
permit application if the facility cannot pass its trial
burn.
As part of overall Agency task force to address
environmental justice issues, OSWER Assistant Administrator
Elliott Laws convened a RCRA-CERCLA-UST task force in
November 1994. After working closely with representatives
from all ten EPA regions, as well as members from
environmental justice community groups, labor unions,
academic institutions and industry groups, the OSWER
Environmental Justice Task Force has just completed a draft
final report recommending changes to all facets of its work
to identify and address environmental justice issues.
In April 1994, OSWER Assistant Administrator Elliott Laws
established an inter-office Siting Task Force to identify
the options available for addressing various concerns
related to siting of RCRA hazardous waste facilities. The
Task Force will address options -that range from setting
technical location standards to enhancing public information
and input as a matter of increased environmental justice.
Specifically included in the Task Force's agenda is
consideration of the concept of buffer zones and setback
distances. The Task Force is scheduled to report to the
OSWER AA in approximately three months.
OSW is in the early stages of developing a methodological
approach or approaches for assessing the racial and ethnic
makeup and income levels of neighborhoods around facilities
that represent several industrial sectors. The results of
this effort are expected to provide tools that will help OSW
identify various aspects of environmental justice issues in
its future regulatory and non-regulatory projects.
OSW is also exploring, in conjunction with EPA's Office of
Environmental Justice, means by which the dialogue with
Native American tribes can be enhanced and facilitated
regarding their environmental justice concerns.
Draft Harardous Waste Minimization and Combustion Strategy. May 1994 - ATTACHMENT
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SCIENCE AND RISK ASSESSMENT
EPA GOALS
Advance scientific understanding on combustion issues.
sound science in technical decision-making.
Use
EPA ACTIVITIES
Since May 1993, Regions and States have been advised in
accordance with the Draft Hazardous Waste Minimization and
Combustion Strategy that the permitting process for
hazardous waste combustion facilities should include a full
risk assessment that covers indirect as well as direct
exposure pathways.
In November 1993, EPA released for review, by the public and
the Science Advisory Board, the Draft Addendum to update the
Agency's 1990 guidance document on conducting indirect
exposure risk assessments. Public and SAB comments are
being considered at the present time, and the next version
of the Addendum is scheduled for release in the summer or
fall of 1994.
In May 1994, EPA released its current implementation
guidance for applying risk assessment procedures at RCRA
combustion facilities. The document provides specific,
detailed methodologies for conducting risk screening
assessments as well as a revised list of hazardous
constituents to be evaluated. In addition, the guidance
also contains revised information on how to plan and conduct
trial burn in light of the'information needed to conduct the'
indirect risk assessments called for by the Draft Strategy.
OSW has constituted a risk assessment technical group to
assist Regions and states in conducting risk assessments at
RCRA combustion facilities. This technical assistance group
is comprised of risk assessment experts from EPA's Office of
Research and Development fORD), the Office of Solid Waste,
and Regional offices.
OSW and ORD has participated with the Regions in reviewing
several of the initial risk assessments performed after .
announcement of the Draft Strategy in May 1993.
Draft Hazardous Waste Minimization and Combustion Strategy, May 1994 - ATTACHMENT
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