United States Office of Solid Waste Environmental Protection and Emergency Response EPA530-F-94-014 Agency (5305) May 1994 Office of Solid Waste &EPA Environmental Fact Sheet More Public Participation in RCRA and Revised Combustion Permitting Procedures Proposed As pan of the Implementation of the Draft Waste Minimization and Combustion Strategy, EPA is proposing to expand public participation opportunities and to require interim status combustion facilities to adhere to stricter standards. Background The role that combustion plays in hazardous waste management has changed dramatically over the last 15 years. With the recognition that land disposal of hazardous waste could present long-term pollution problems, larger use of combustion (including incinerators and boilers and industrial furnaces) ensued. However, waste treatment alone will not totally solve the problems associated with hazardous waste disposal. Therefore, EPA decided to take a fresh look at how to achieve a fully integrated waste management program where source reduction is given its proper emphasis. To this end, on May 18, 1993, EPA announced its Draft Strategy on Waste Minimization and Combustion. The Strategy was issued in draft form as the starting point of the debate on needed source reduction and recycling actions and regulatory changes the Agency should pursue. While the national dialogue on waste minimization and hazardous waste combustion takes place, EPA identified specific actions to help ensure that existing combustion facilities are operated safely and without unacceptable risks to human health and the environment. One of those actions is developing mechanisms to facilitate increased public participation in the permitting process. In doing so, EPA hopes to address concerns raised by citizens that they are often not given adequate and timely opportunities to become involved in permitting decisions regarding hazardous waste storage, treatment, and/or disposal facilities (TSDFs) that may ultimately affect their communities. ------- -2- Another item to be addressed is making interim status combustion permitting standards more equivalent to the more stringent permitting requirements, EPA is specifically focusing on improving the trial burn phase of the combustion permitting process. Action As part of the implementation of the Draft Waste Minimization and Combustion Strategy, EPA is proposing to enhance public participation for all TSDFs and improve the RCRA permitting process for hazardous waste combustion facilities. Specifically, this rulemaking proposes to: (1) expand opportunities for timely and effective public involvement in the permitting process for all types of RCRA facilities; (2) improve the regulations pertaining to permit modifications, specifically, to clarify combustion modification classifications; and (3) align certain interim status requirements for combustion facilities with the more stringent permit standards for new permitted facilities, particularly with regard to trial burns, Although the Draft Waste Minimization and Combustion Strategy focuses on combustion facilities, many of the requirements being proposed are more encompassing, and the expanded public involvement opportunities are applicable to all types of RCRA facilities. EPA is requesting public comment on this proposed rule. Comments will be accepted for 60 days following publication in the Federal Register. Public Participation Several new venues for public participation are proposed. First, EPA will require every facility to conduct and publicize a meeting prior to submitting its permit application. The meeting's purpose is to allow the prospective owner/operator to provide the public with information about the proposed facility and to gather reactions and suggestions from the affected community. Second, the permitting agency (either EPA or the state) will announce the submission of a RCRA permit application by sending a notice to members of the facility mailing list. The announcement will inform the public about the facility and let citizens know where the permit application and trial burn plan are available for public review, thereby allowing the public the opportunity to review the initial permit application at the same time as the permitting agency. Third, the rule includes a provision that may require a facility to establish an information repository; this would be determined on a case-by-case basis. Finally, the rule will require the permitting agency to provide public notice prior to the trial burn, informing the public of the burn schedule. ------- -3- Permit Modifications The rule also proposes to revise the permit modification requirements affecting combustion units. EPA hopes to clear up any ambiguities that may be in the earlier requirements, and allow the permitting authorities to more easily understand and implement modifications. First, the rule describes the trial burn and shakedown phases chronologically and in detail, and adds new activities to Appendix I. These additions should make it easier for facilities to comply with the modification process since the appropriate classification for each activity will be easier to select. Moreover, classifications for some of the new activities would ensure more public involvement during the combustion permitting. Second, the rule will clarify language regarding unclassified modifications. The new language informs facilities that permitting authorities have the discretion to process unclassified modifications as either Class 1 or Class 2, instead of Class 3, when they are not specifically listed in the Appendix I modification table. Trial Burns EPA proposes to make the interim status requirements more equivalent with new facility requirements by setting forth several new provisions. First, the rule 'will require interim status facilities to submit trial burn plans along with their initial Part B permit applications. These plans will be subject to public notice and review. Second, the proposal makes certain that an interim status facility may not conduct a trial burn without the approval of the trial burn plan by the permitting agency. Third, the rule will require the permitting agency to issue a public notice announcing the trial burn schedule for both permitted and interim status facilities prior to the burn occurring. Fourth, an interim status facility must now operate within the more stringent permitted performance standards for combustion units during the post-trial burn period. And finally, the rule will give the permitting agency clearer authority to deny the permit application of an interim status facility that fails a trial burn and cannot demonstrate that an additional bum is likely to address the causes of the previous failure. These provisions will provide the public an expanded role in the permitting process by promoting community participation and input at all decision-making levels. These provisions will also help the permitting authority to better address public concerns during the permitting process and foster continued community involvement after facilities are permitted. Through earlier public involvement and improved public awareness, these proposed requirements will result in more meaningful and interactive public participation. EPA encourages the public to participate by fully raising issues and concerns early so ------- - 4- they may be evaluated and responded to. Such early and meaningful dialogue should result in expeditious permit decisions. For More Information For additional information or to order a copy of the "RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures" Federal Register notice, please call the RCRA Hotline Monday through Friday, 8:30 a.m. to 7:30 p.m. EST. The national toll- free number is (800) 424-9346; for the hearing impaired it is (TDD) (800) 553-7672. In Washington, D.C., the number is (703) 412-9810. Copies of documents relevant to this action may be obtained by writing: RCRA Information Center, U.S. Environmental Protection Agency, Office of Solid Waste (5305), 401 M Street SW, Washington, D.C. 20460. ------- |