United States      Solid Waste and
             Environmental Protection  Emergency Response   EPA530-F-94-037
             Agency         (5305)          November 1994
&EPA     Update on
             Implementation of the
             Hazardous Waste
             Minimization and
             Combustion Strategy
 Recycled/Recyclable- Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)  Please recycle as newsprint

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                    UPDATE ON IMPLEMENTATION  OF DRAFT  STRATEGY  ON HAZARDOUS
                                WASTE MINIMIZATION AND COMBUSTION
                                         November  18,  1994


The Draft  Strategy  specified 5 overall goals and several specific actions.  The goals
were:                                                                                     ^


      (1)    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.

      (2)    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.


      (3)    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.


      (4)    To ensure that combustion facilities do not pose an unacceptable risk,  and use the full  extent
            of legal  authorities in permitting and enforcement.

      (5)    To continue to advance scientific understanding with regard to waste combustion issues.


The  chart  below contains the  specific  commitments made  in the Draft Strategy.   The chart
details the status  of individual projects implementing  the goals  and commitments of the
Draft  Strategy,  and  future objectives  are identified.

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COMMITMENT
                                               WHERE WE ARE
                                                                                                   WHERE WE WANT TO BE IN TWO YEARS
WORKING WITH STATES

Establish EPA-State Committee to provide
for a joint federal-state evaluation of
waste minimization and combustion
relationships; improvements to technical
standards; and the alternatives to
combustion.
  EPA-State Hazardous Waste Steering Committee
was established in July 1993.  Five meetings via
teleconference have been held.

  Input from states has been sought on
significant Strategy implementation projects,
particularly the public participation rule, use
of a technology-based approach in the emission
standards rulemaking, and approaches to waste
minimization.                      	
  The EPA-State Steering Committee should
continue to be used as a means of upper
management communication on major issues as
they arise.

  Continuing to work with states should still
be a top priority.  We should strive for very
direct and effective means of obtaining state
input to RCRA decision-making.
PUBLIC OUTREACH AND DIALOGUE

Conduct broad national dialogue with
stakeholders on all goals and  issues,
specifically including the areas of source
reduction, technical standards, and site-
spec i f i c dec i s i ons.
  4-day National Roundtable held with
stakeholders on waste minimization and
combustion issues.

  4 Regional Roundtables held with local
citizens and other stakeholders on waste
minimization, combustion, and other issues of
local concern.

  Hundreds of meetings with individual
stakeholders and stakeholder groups held, and
informal dialogue still ongoing.

   Strategy Newsletter created and distributed
to over 3000 individual citizens and other
interested persons/groups to update them on
Strategy developments.

  Key policy and technical documents  released
in early draft form  for public review.
Documents  include: preliminary technical
analysis on achievable dioxin and particulate
matter (PM) emission levels, draft national
waste minimization plan, and draft risk
assessment guidance.    	
  Continued use of same avenues, but also
investigate whether EPA role should include
more public education (e.g., on risk).

  Fully informed local communities (apart from
permitting process itself).

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 COMMITMENT
                                                WHERE  WE ARE
                                                                                                   WHERE WE WANT TO BE IN TWO YEARS
WASTE MINIMIZATION

Publish final "Waste Minimization Program
in Place" guidelines, and pursue compliance
with waste minimization certification
requirements.  Consider publication of
lists of non-compliers.

Ask treatment companies to consider
accepting wastes only from customers in
compliance with waste minimization program
in place guidance.  Establish other
partnerships to achieve maximum amount of
source reduction.

Give top waste minimization compliance
priority to facilities driving demand for
waste combustion.  Use audits and other
compliance-forcing mechanisms as
appropriate.

Conduct national  roundtable on source
reduction opportunities for hazardous
wastes.Maximize public involvement,  and
provide public with information on source
reduction of  combustible wastes.
    Released interim final  "Waste Minimization
 Program in Place"  guidelines  in May 1993.

    In  November  1993, Administrator's letter  sent
 to  all  large quantity  RCRA generators  urging
 public  release  of  their  waste minimization
 plans.

    Held national and regional roundtables and
 focus  group meetings with  stakeholders to help
 shape  waste minimization goals  and
 implementation  options,  including identification
 of  proper  roles for waste  treatment  companies
 and potential partnerships.

    Draft RCRA National Waste Minimization Plan
 released in May 1994 for public  review and
 comment.   Draft Plan focused on  combustible
 waste streams as top priority (Phase I).  Phase
 II  would address all RCRA  wastes, starting with
 those persistent, bioaccumulative, and toxic
 constituents representing  the highest risk.
 Emphasis in  Plan is on company-by-company
 flexibility  and voluntary  programs,  but
 requirements are being considered where needed
 to  ensure  action.  Draft Plan also indicates
 that final plan will have  specific percentage
 and time frame targets.

   4-day National Roundtable held with States
and other stakeholders on waste minimization and
combustion  issues.

  Focus groups meetings on Draft National  Plan
held with States and other stakeholders in  Fall
1994.
  Final "Waste Minimization Program in Place"
guidelines issued.

  Good public awareness should exist about
company plans on waste minimization, and public
should be engaged in oversight of company
progress.

  Make good progress towards achieving
national goals for waste reductions through
National Waste Minimization Plan (see below),
with emphasis on partnerships and voluntary
programs.

  Implementation of National Plan in full
swing,  with publication (if possible) of
initial results of source reduction and
recycling efforts.

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COMMITMENT

WASTE MINIMIZATION (cont'd)

Develop waste minimization (source
reduction and recycling) program that
integrates waste combustion with waste
management decision-making.  Work with
states towards establishing percentage and
time frame targets for reduction of
combustible waste streams.
                                               WHERE WE ARE
  Release of final Hazardous Waste Minimization
National Plan in November 1994.  National Plan
addresses all RCRA wastes, starting with those
persistent, bioaccumulative, and toxic
constituents representing the highest risk.
Emphasis in Plan is on company-by-company
flexibility and voluntary programs in initial
implementation, but progress will be reviewed at
a future point to determine if more aggressive
action  is warranted.  National Plan calls for
reduction of the most persistent,
bioaccumulative, and/or  toxic  constituents in
hazardous waste by 25% nationally by the year
2000, and by 50% nationally by the year 2005.
 Initial EPA  implementation  focus will be on
metal constituents in combustible waste streams.
                                                                                                   WHERE WE WANT  TO BE  IN  TWO YEARS
  Implementation of National  Plan in full
swing, with publication (if possible) of
initial results on source reduction and
recycling efforts.

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COMMITMENT
                                               WHERE UE ARE
                                                                                                   WHERE WE WANT TO BE IN TWO YEARS
IMPROVED EMISSION STANDARDS AND MONITORING

Upgrade EPA rules on emission controls at
combustion facilities and on continuous
emissions monitoring techniques. Consider
joint RCRA-CAA rulemaking to impose maximum
achievable, technology-based standards.

Continue research into better determining
the emissions from hazardous waste
combustion facilities and into fostering
better emissions monitoring devices.
    OSW studies on HW incinerators and BIFs  are
 under way to provide sound technical  basis  for
 proposed rule.  Some data  gaps  exist,  but plans
 to  collect data to address these  areas have been
 made.

    Preliminary maximum achievable,  technology-
 based levels for dioxin/furan and particulate
 matter levels analyzed and released for public
 review in May 1994 (draft  CETRED  document).

    OSW-led workgroup is actively  developing
 joint RCRA-CAA proposed rule to upgrade emission
 standards for combustion facilities.   Technical
 and policy dialogue  between OAQPS  and  OSW is
 ongoing.   Proposed rule scheduled  for  Sept.  1995
 and final  rule scheduled for Dec.  1996.

    OSW issued guidance on  conducting trial burns
 and on trial  burn  failures  in. May  and  July 1994.

    OSWER  AA  memorandum released in  May 1994 that
 clarified prohibition  against certain  metal-
 bearing waste streams  going to combustion.

    OSW has acted to  spur ORD research  on
 continuous emissions monitors and to foster
 private consortium efforts to speed up
development  and commercial availability of
continuous emissions monitors for metals,  PM,
and organics.  OSW/ORD submitted two
Environmental  Technology Initiatives (ETI)
proposals for  CEM technical development and
validation.
  Build better OSW technical data base.

  Better clarify linkage between waste
minimization and combustion, particularly with
respect to increased removal of metals from
wastes going to incinerators and BIFs.

  Promulgate final rule to impose upgraded
emission controls on HW incinerators and BIFs.

  Implement rule as soon as possible to
achieve immediate reduction in dioxin, furan,
and metal emissions.

  CEMs for metals (and perhaps PM and
organics) have been tested and are on the way
to being commercially available.  Some
facilities would have installed CEMs
voluntarily if available.

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RISK ASSESSMENTS
Conduct site-specific risk assessments
(including indirect exposure pathways) as
part of RCRA permitting process.

Develop updated, final guidance on
conducting risk assessments at
combustion facilities.

Make EPA and state technical experts
available to serve on risk assessment teams
to assist regions and states.
 OMNIBUS PERMIT  CONDITIONS

 Use omnibus permit  authority if  and when
 necessary to add permit conditions on
 metals and dioxins/furans.

 As interim measure, use omnibus  authority
 if and when necessary to include
 technology-based limits of 30 ng/dscm for
 dioxins and 0.015 gr/dscf in permits being
 issued.             	
  Approximately 30-40 risk assessments underway
at HW incinerators and BIFs under oversight of
regions or states.

  Two key Headquarters guidance documents
developed and released:  (1) Draft Addendum to
1991 ORD Guidance on indirect risk assessments
released in Nov. 1993 (subjected to public and
SAB review and currently being revised); (2) OSW
implementation guidance on trial burns and risk
assessments at RCRA combustion facilities
released in draft in Fall 1993 and revised in
June 1994.

   Headquarters  financial support afforded to
regions.   Headquarters Risk Assessment Review
Team formed to help regions perform risk
assessments.  About 10 HQ  reviews completed or
under  way.  HQ developing  risk assessment
 training course  for regional  and state
 personnel,
    Regions considering use of  omnibus authority
 to impose interim limits in individual permit
 actions.

    A few individual facilities (e.g., WTI
 incinerator) have included the interim limits
 for dioxin (30 ng.) and PM (0.015 gr.) in
 permits.
                                                                                                  WHERE WE WANT TO BE IN TWO YEARS
  Sound risk assessments being conducted at
pace that allows final permit decisions to be
made without delay at interim status combustion
facilities.

  Issue final Addendum.

  Issue updated OSW implementation guidance,
with emphasis on improvements that streamline
the risk screening procedures but that continue
to give sound results without being overly
conservative.

  Risk assessment results fully integrated
with technical  standards  rulemaking.

   Continued HQ support;  deliver training.
   Promulgation of  final  rulemaking  to upgrade
 technical  standards by Dec.  1996 (with possible
 effective  date phase-in).   As necessary,
 omnibus authority will be used to address air
 emissions.

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COMMITMENT
                                               WHERE WE ARE
                                                                                                   WHERE WE WANT TO BE IN TWO YEARS
PERMITTING PRIORITIES

Establish priority for reaching final
permit decisions on interim status
incinerators and BIFs not yet under permit
controls.

Call in permit applications for all
commercial facilities by May 1994 and all
others by May 1996.

Expedite permit decisions particularly with
respect to bringing interim status
facilities under permit controls as soon as
possible.
  National priority for interim status
combustion facilities established in May 1993 by
Draft Strategy and OSWER memoranda to regions
and states.  States and regions have generally
shown consistency with national priority.

  All commercial combustion facility permit
applications were called in by May 1994.  Some
still undergoing completeness review, and some
applications returned for further information.

  3 decisions (denials) made in FY 1994; 20-40
decisions estimated for next few years,  taking
into account the need for pre-decision risk
assessments and for better trial burns.

  Less or no work being done in regions and
states on non-commercial facility permits
(unless no commercial facilities exist in the
state or region).
  Higher priority given to permits where
environmental gains would be maximized and
risks minimized by final permit determination.
Priority scheme would also give low priority to
new, non-replacement capacity.

  All commercial permit applications would be
complete and reviewed.

  Trial burns completed or scheduled for 10-20
facilities.  Final permit determinations made
if trial burns complete.

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COMMITMENT
PUBLIC PARTICIPATION IN PERMITTING

Enhance public participation in permitting
of incinerators and BIFs.

Direct regions and states to provide
enhanced opportunities for public
involvement prior to finalizing rule
changes.

Provide for public comment on trial burn
plans.
                                               WHERE WE ARE
  RCRA Public Involvement guidance manual
finalized and sent to regions in Sept.  1993.

  In June 1994, Proposed Rule to enhance public
participation published.  Comments are now being
reviewed.

  Also in June 1994, OSWER AA memorandum sent
to regions and states directing immediate
implementation of certain provisions of proposed
rule covering enhanced public participation,
including public comment on trial burn plans.

  Going beyond just combust ion-related issues,
the OSWER AA's Environmental Justice and Siting
Task Force was formed  in March  1994.  This  Task
Force examined opportunities for greater public
participation  in RCRA  decision-making and
addressed specific EJ  concerns  regarding siting.
OSWER  is currently following up on  Task Force
 recommendations,  including efforts  related  to
providing better public access  to  information
and developing  a proposed  rule  to  upgrade RCRA
 technical  location standards.          	
                                                                                                   WHERE WE WANT  TO BE  IN TWO YEARS
  Community-based public involvement  is
improved.

  Final Rule providing for enhanced public
participation in RCRA permitting released on
schedule in July 1995 and being implemented.

  Improve opportunities for EJ communities to
participate in decision-making.

  Develop and publish proposed rule to upgrade
RCRA technical location standards.

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COMMITMENT
                                               WHERE WE ARE
                                                                                                   WHERE WE WANT TO BE IN TWO YEARS
ENFORCEMENT

Enhance inspection and enforcement for
incinerators and BIFs.
   Inspections of all commercial combustion
facilities given high priority in regions and
states  in FY 1994 and FY 1995.

  Over 255 combustion facilities inspected
between 3/1/94 and 9/30/94, and many more than
once.

  Three EPA-state enforcement initiatives
undertaken, involving 51 complaints and 43
settlements with over $31.5 million in proposed
new penalties and over $6 million collected in
settlements.

  Compliance-oriented activities have included:
(1) compliance workshops with affected
industries; (2) preparation of compliance
guidance documents on trial burns,  trial burn
failure, and waste analysis plans.

  Enhanced compliance and enforcement training
for Regional and state personnel.	
   Increased compliance rates.

   Increased levels of inspections and higher
public confidence in agency oversight
activities and facility compliance.  Explore
avenues to enhance and promote public
involvement in compliance and enforcement
activities where appropriate.

  Provide increased level of compliance and
enforcement training for regional and state
personnel.

  Prepare and release user-friendly guidance
on waste analysis plans,  EPA penalty policy,
and other important aspects of compliance and
enforcement program.

  CEMs for metals (and perhaps PM and
organics) tested and on way to being
commercially available.  Some facilities
install CEMs voluntarily if available.

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                                               WHERE WE ARE
                                                                                                   WHERE WE WANT TO BE IN TWO YEARS
INNOVATIVE TREATMENT TECHNOLOGIES
Enhance efforts to foster innovate
technologies for safe and effective
treatment of hazardous waste and for
reduction of hazardous waste, including an
investigation of the feasibility and risks
associated with alternative technologies.
  TIO engaged in ongoing work to spur
development of alternative treatment and
innovative technologies with respect to
remediation wastes.  TIO has developed and
released series of monographs on alternative
treatment technologies.

  OSW engaged in survey of alternative
treatment technologies, particularly with
respect to level of commercial availability and
risks associated with technologies.
  Private sector would have started to adapt
current technologies or begun to develop new
technologies to treat RCRA wastes to reduce
volume, toxicity, and/or mobility.

  Structural barriers in RCRA program that
might interfere with alternative treatment
technology development have been identified and
options to remove those barriers have been
explored.

  Develop sufficient data on emissions and
risks from alternative treatment technologies.
PERMIT APPEALS REFORM
Explore rulemaking to reform permit appeal
process to prevent the continued burning of
waste during administrative appeal process
where permit was denied at regional level.
   In March  1994, Administrator's memorandum
sent to EAB  directing expedited treatment for
appeals of permit denials by  regions.

   Proposed  rule to enhance public participation
(published June 1994) contains provisions that
would require  combustion units immediately  to
cease operations under  any conditions  for which
the unit  failed a trial burn.	
  Separate, additional rulemaking not needed.

  Finalize proposed rule as scheduled for July
1995.
 EXCESS  CAPACITY

 Explore usefulness  of  national  capacity
 reduction  goal.
    Internal  and external  discussions  held  with
 stakeholders.   Certain environmental  and citizen
 groups  want  a  phase out of  combustion capacity.
 Industry argues that marketplace should be left
 to reduce overcapacity without  EPA interference.

    Market forces have had significant impact  on
 waste management business,  and  corrections for
 overcapacity (e.g., through lowering  of prices)
 are evident.  HW combustion permit applications
 are being withdrawn at greater  pace than  new
 applications being filed.
    EPA  regulations ensure  that  treatment and
 disposal  of  HW  is done  in  an  environmentally
 sound manner.

    Individual company and  market  response  to
 EPA standards drive  combustion  capacity and
 demand  for combustion services.

    Market forces sufficient to  accommodate
 short-term bursts  in demand for combustion
 services  (e.g.,  due  to  increased site
 remediations, new  waste listings, shutdowns of
 existing  units,  etc.)
                                                                         10

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