&EPA
United States Solid Waste and
Environmental Protection Emergency Response
Agency (5305)
EPA530-F-94-017
May 1994
Memorandum on the
Application of
Enhanced Public
Participation and
Stronger Combustion
Permitting
Requirements
Recycled/Recyclable
Printed on paper that contains at
least 50% post-consumer recycled fiber
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAY23
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
MEMORANDUM
SUBJECT:
FROM:
TO:
Application of Enhanced Public Participation and
Stronger Combustion Permitting Requiremer
Elliott Laws, Assistant Administrate,
Regional Administrators, I - X Iff
The Agency is proposing the "RCRA Expanded Public
Participation and Revisions to Combustion Permitting" rule.
This proposal represents a major step in our efforts to enhance
public involvement in the RCRA process, one of the key elements
of the Draft strategy on Hazardous Waste Minimization and
Combustion, announced by Administrator Browner last May.
The principal goals of the proposed rule are:
* to provide more opportunities for public involvement in
the RCRA permitting process, both early on and
throughout the decision-making process; and
•• to provide improved interim status combustion
permitting procedures.
In the spirit of the Administrator's desire to increase
public involvement, I strongly encourage all EPA Regions to start
meeting the goals of the proposed rule as soon as possible.
Where EPA is the permitting authority, the Regions should begin
implementing those portions of the proposed rule that are to be
implemented by the permitting authority. Among such provisions
are proposals to: issue a notice upon receipt of a permit
application (proposed Section 124.32); conduct permitting
activities in such a manner as to assure the opportunity for
meaningful participation by all segments of the public, including
non-English speakers (proposed Section 124.30); and issue "public
notices announcing the scheduled commencement and completion
dates of facility trial burns (proposed Section 270.62). I
believe the Agency has discretionary authority to implement these
provisions on a case-by-case basis before the Agency promulgates
the final rule.
Recycled/Recyclable
Primed with Soy/Canola Ink on paper mat
contains at least 50% recycled flb«r
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Where the State is the permitting authority, I would like
the Regions to encourage the States to implement these provisions
as well. Many State programs have such provisions already.
Where requirements proposed in the rule would fall on RCRA
permit applicants EPA cannot require applicants to comply.
However, I urge the Regions to encourage these applicants to meet
the enhanced proposed requirements where feasible. Among these
are proposed requirements to require RCRA permit applicants to
hold pre-application meetings (proposed Section 124.31); the
provision providing for an information repository in certain
instances (proposed Section 124.33); and the requirement that
interim status facilities submit proposed trial burn plans for
approval with Part B of their RCRA permit applications (proposed
Sections 270.19 and 270.74 (c)) .
I am issuing this guidance in light of the rulemaking
procedures that we must follow. I anticipate a 60-day comment .
period following the proposal, and then several more months to
respond to the coiments. It, therefore, may be six to twelve
months before the rule in promulgated as a final rule. In the.
interim, unless the Regions and States expeditiously begin to
implement the goals of the proposal, the public will not have the
expanded opportunities that the rule would afford.
As you know, the interim status universe of BIFs and
incinerators is the Agency's top priority in RCRA permitting. We
believe that providing meaningful public involvement in the RCRA
permitting process and strengthening the combustion permitting
process for interim status facilities is consistent with the
Administrator's objectives and fortifies the RCRA permitting
process. , .
The proposal should be published in the Federal Register in
the coming weeks. Copies will be sent directly to all Regions
and States to facilitate speedy implementation of the goals set
forth.
I appreciate your cooperation in promoting early and
effective public involvement for all RCRA facilities and a
stronger permitting process for interim status combustion
facilities. I urge you to consult with your respective Offices
of Regional Counsel on the application of these goals in
individual cases. If you need any additional information about
this proposed rule, please contact Victoria van Roden of my staff
at (703) 308-8623.
cc: Michael Shapiro
Matt Straus
Devereaux Barnes
Fred Chanania
Patricia Buzzell
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Larry Starfield, OGC
RCRA Branch Chiefs, Regions'! - X
RCRA Section Chiefs, Regions I- X
RCRA Public Involvement Network
RCRA ORC Branch Chiefs, Regions I-X
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