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.
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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.
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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
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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.
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