United States
                      Environmental Protection
             Solid Waste and
             Emergency Response
                                        March 1996
&EPA         Strategy  Update
                      A  Newsletter on  EPA's  Hazardous Waste
                      Minimization  and  Combustion  Activities
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Hazardous Waste Combustion Rule Proposed
       iPA has just proposed revised emissions standards to reduce
       hazardous air pollutants in its proposed rule, Revised Technical
       Standards for Hazardous Waste Combustion Facilities (expected to
be signed in early 1996). This rule would apply to hazardous waste
incinerators and cement kilns and lightweight aggregate kilns that burn
hazardous waste as fuel.
In the Agency's May 1993 Hazardous Waste Minimization and Combustion
Strategy, EPA made a commitment to upgrade the emission standards for
hazardous waste-burning facilities and emphasized waste minimization. The
three categories of facilities covered in this proposal burn more than 80
percent of the total amount of hazardous waste being combusted each year.
(The remaining 15 to 20 percent is burned in industrial boilers and other
types of industrial furnaces, which will be addressed in a later rulemaking.)
The proposed standards would limit emissions of dioxins and furans,
mercury, semi-volatile metals (cadmium and lead), low-volatile metals
(arsenic, beryllium, chromium, and antimony), particulate matter, acid gas
emissions (hydrochloric acid and chlorine), hydrocarbons, and carbon
monoxide. The standards would impose the Maximum Achievable Control
Technologies (MACT), which are performance standards required by the
Clean Air Act (CAA). MACT reflects the maximum degree of hazardous air
pollution reduction at existing facilities that can be achieved considering the
availability, current use, costs, benefits, and impacts of emissions control
While hazardous waste-burning cement and lightweight aggregate kilns are
currently regulated under the Boilers and Industrial Furnace (BIF) Rule (40
CFR Part 266, Subpart H), this proposed rule would augment those
requirements. The BIF rule had specified that continuous emissions
monitors (CEMs) be installed at these facilities for carbon monoxide, total-
hydrocarbons, and oxygen. This, rule proposes requirements for facilities to
install CEMs for particulate matter and mercury as well.
The proposal would reduce the current "small quantity burner" exemption,
which had exempted some facilities that burned up to 2,000 gallons of
hazardous waste per month. Now only facilities that burn less than 27
                                     ^Printed on paper that contains at least 5O percent recycled fiber.
                                                (Continued on page 2)

Facilities Subject to


• Hazardous waste
  controlled flame combustion
  devices used primarily to
  treat organic and/or aqueous
  wastes. As of November
  1994, there were 28
  commercial  incinerators and
  134 non-commercial
n Hazardous waste-
  burning cement
  kilns—many cement kilns
  receive liquid hazardous
  waste to burn as fuel to run
  their cement processes.
  Cement is produced by
  heating mixtures of limestone
  and other minerals or
  additives at high
  temperatures in a rotary Mm,
  followed by cooling,
  grinding, and finish mixing.
  As of November 1994, there
  were 26 cement Wins
  burning hazardous wastes on
  a commercial basis.
 » Hazardous waste-
   burning  lightweight
   aggregate kilns—
  many lightweight aggregate
   kilns burn liquid hazardous
   waste as fuel to run their
   processes as well. Lightweight
   aggregate refers to a wide
   variety of raw materials (such
   as clay, shale, or slate) which,
   after thermal processing, can
   be combined with cement to
   form concrete products. It is
   produced either for structural
   or thermal  insulation
   purposes. As of November
   1994, there were seven
   lightweight aggregate kirns
   burning hazardous waste.
(Continued from page 1)

gallons per month would be exempt. In addition, the proposal contains
a "comparable fuels specification," a key common-sense provision that would establish
a set of technical criteria to exclude hazardous waste fuel from regulation, if the fuel has
essentially the same key characteristics as fossil fuel.
EPA believes that this proposal will create significant incentives for waste minimization
(source reduction and recycling) and will present opportunities for facilities to use
waste minimization to help achieve compliance with MACT standards or a  regulatory
exemption. Of the nearly 4 million tons of hazardous waste combusted annually,
approximately 1.8 million tons are combusted at onsite facilities (i.e., the same facilities
at which the waste was generated). Combustion at an onsite facility presents a
somewhat unique situation in which the same facility has direct control over the
generation of waste at its source and also its ultimate disposition.
EPA believes that roughly 15 percent of all combusted wastes may be amenable to
waste minimization. The three categories of waste generating processes that appear to
have the most potential in terms of tonnage reductions are: 1) solvent and product
 recovery/distillation procedures, primarily in the organic chemicals industry; 2) product
processing wastes; and 3) process waste removal and cleaning.
To minimize the burden on the Agency and the regulated community, EPA is proposing
 this rule under the joint authority of the Clean Air Act  (CAA) and the Resource
 Conservation and Recovery Act (RCRA). The proposal  establishes a common-sense
 approach that provides for combined or coordinated CAA and RCRA permitting of
 these facilities; allows maximum flexibility for regional, state, and local agencies to
 determine which of their resources will be used for permitting, compliance, and
 enforcement efforts; and integrates the monitoring, compliance testing, and
 recordkeeping requirements of the CAA and RCRA so that facilities will be able to avoid
 two potentially  different regulatory compliance schemes.
 EPA has met with the stakeholders involved with this proposed rule including owners
 and operators of affected facilities, environmental groups, citizens' groups, nonprofit
 health organizations, and states. Their feedback was considered on all regulatory
 The Agency requests comments on potential or demonstrated applications of waste
 minimization to reduce the quantity or toxicity of waste fed to affected combustion
 units. The Agency also requests comments on two options related to waste
 minimization. The first option involves extending the three-year compliance deadline
 for facilities that show that their waste minimization and pollution prevention initiatives
 require an additional year to bring the facility into compliance.  The second option is a
 set of alternative permit application reporting requirements for  facility waste
 minimization and pollution prevention activities, including mandatory reporting on all
 permit applications or reporting when requested by the permitting agency.
 Stakeholders may submit comments on this proposed rule up to 60 days from the date
 of publication.  Commentors must send an  original and two copies (and a voluntary
 copy on computer diskette) of their comments to: RCRA Information Center, U.S.
 Environmental Protection Agency, 401 M Street, SW (5305W), Washington, DC 20460.
 The docket number F-96-RCSP-FFFFF should appear on all comments.
 For more information, contact the RCRA Hotline  at 800 424-9346  (toll-free) or 703
 412-9810 locally. The rule and background support documents are available on the
 Internet. Go to gopher.epa.gov or http://www.epa.gov and then access  "Offices and
 Regions," "Office of Solid Waste and Emergency Response," and "Office of Solid Waste."

Public Participation Rule Announced

        On December 11, 1995 (60 FR 63417), EPA
        promulgated the RCRA Expanded Public
        Participation Rule to empower communities to
become more actively involved in local hazardous waste
management. The rule calls for earlier public involvement
in the process of permitting hazardous waste facilities and
expands public access to information about facilities.

Under Subtitle C of the Resource Conservation and
Recovery Act (RCRA), EPA is required to encourage and
assist public participation when permitting hazardous
waste facilities. Prior to the expanded rule, some
stakeholders (including environmental groups, business
trade associations, and citizens) had expressed concern
that RCRAs public participation requirements involved the
public too late and did not provide enough information
about the permitting process and facility activities.

The RCRA Expanded Public Participation Rule adds to the
existing public involvement requirements by involving the
public earlier in the permitting process and at key points
throughout the process. Specifically, the rule amends
RCRAfe permitting procedures in the following four ways:

• Permit applicants must hold an informal meeting with
  the public to discuss proposed hazardous waste
  management activities with community members before
  applying for a permit to conduct these activities.
• The permitting agency must announce the submission of
  a permit application by sending a notice to everyone on
  the facility mailing list. The announcement will tell
  community members where they can examine the
  application while the agency reviews it.
• The permitting agency director may require a facility to
  set up an information repository (or library) at any point
  during the permitting process or the permit life. The
  repository should include relevant documents, such as
  the permit application, reports, and any other
  information the director wishes to make available.
• The permitting agency director must notify the public
  prior to a trial (or test) burn at a combustion facility by
  sending a notice to everyone on the facility mailing list.
In developing this rule, EPA acknowledged that facility
owners, state environmental agencies, tribes, and private
citizens know the levels of public participation that work
best in their communities. As a result, EPA's regulations
provide the basic requirements needed to fulfill  the public
participation goals. Additional activities that facilities might
conduct are recommended rather than required.
In addition, the rule addresses environmental justice
concerns. By expanding public participation and access  to
information, the rule empowers all communities to
become actively involved in the permitting process and  to
increase their understanding of hazardous waste

Plan Implementation  Underway

       Since the completion of the Hazardous Waste
       Minimization National Plan in May 1995, EPA
       has developed a number of projects to support
the Plan's goals and objectives. The Plan affirms a national
policy to prevent pollution  and practice source reduction
as much as feasible. It also strives to promote
accountability and involve the public in decision-making
(see the January 1995 issue of Strategy Update for a
complete list of the Plan's goals and objectives). The
following are descriptions of some EPA activities
underway to support the Plan:
  Measuring Progress: EPA is developing tools for
  measuring progress towards the Plan's national goals.
  The goals are to reduce persistent, bioaccumulative, and
  toxic (PBT) constituents by 25 percent by 2000 and 50
  percent by 2005.
  Identification of Waste Minimization Alternatives: Data
  collection is essential for achieving the Plan's objectives.
  EPA is identifying priority waste streams containing PBT
  constituents that are combusted.
                                     (Continued on page 4)

    Director's Chair
(Continued from page 1)

tool to complement the~hazardoys
air pollutants emissions reductions
contemplated under EPA's
proposed rule for hazardous waste
Of course, perhaps the most
visible and controversial project
has been the proposed rule setting
emissions limits for hazardous
waste incinerators and hazardous
waste-burning cement kilns and
lightweight aggregate kilns.
Developed under the "maximum
achievable control technology"   t
(MACT) provisions of the Clean ^ '.
Air Act Amendments of 1990, this
proposal would mandate that
these burners use aggressive
pollution control measures,
particularly with respect to the top
pollutants of concern— dioxins,
furans, and metals (including
mercury). At this point, the
comment period is (or will soon)
open, and we encourage all
interested parties to make their    *
views and pertinent data known to^
the Agency. Details on how to do, "
this are contained in this Update.
                             V >-
The MACT proposal and the
Waste Minimization  National Plan
are central elements  of EPA's
Combustion Strategy. I strongly
believe that our Strategy will make
a difference in terms of ensuring
that waste minimization remains
our top priority and that
combustion's role is well-defined ;
and closely regulated. We urge ""V
everyone to continue to participate'
in the national dialogue on these
and other significant issues that
fall within the umbrelk of EPA's
Strategy. This dialogue has been
truly invaluable in helping EPA to
move in common-sense and
effective directions. Keep it upl
(Continued from page 3)
• Identification of Waste Minimization Activities for Boilers: EPA is identifying
  source reduction and recycling opportunities for hazardous waste-burning
  incinerators, cement kilns, and lightweight aggregate kilns, as well as boilers
  and industrial furnaces that generate priority waste streams containing PBT
  constituents. The Agency is also educating stakeholders about these
  opportunities by assembling guidance on achieving reductions in waste
  stream volume and toxicity and by identifying major opportunities to
  implement these  reductions. In addition, EPA is identifying specific permit
  and nonregulatory mechanisms for encouraging waste minimization and
  incorporating waste minimization wherever feasible into rulemakings
  associated with boilers.

• Development of Outreach Materials: To involve the public more in waste
  minimization implementation decisions, EPA formed a team to identify
  opportunities for outreach and to develop outreach tools, such as videos,
  pamphlets, and bulletin boards. An informational brochure on the Waste
  Minimization National Plan is forthcoming.

• Development of a Waste Minimization Network: The Waste Minimization
  Network consists of Headquarters and Regional EPA staff and state
  representatives. The Network identifies and supports effective state and
  Regional projects that best promote the goals of the Plan. EPA and states are
  important stakeholders and are responsible for helping to identify waste
  minimization activities.

• Regional and State Waste Minimization Managers' Training: EPA has
  developed training materials and will be conducting pilot training sessions for
  Regional and state waste minimization managers and staff. The training is
  designed to help  these individuals recommend waste minimization
  approaches when they interact with companies at the time of permitting,
  inspection, and enforcement.

In addition to these initiatives directly supporting the Waste Minimization
National Plan, EPA  is addressing waste minimization opportunities at facilities
that are likely to be impacted by the proposed Hazardous Waste Combustion
Rule (see page  1 for more information). Specifically, EPA is assembling waste
minimization guidance for facilities that intend to remain under the tightened
"small quantity burner exemption" by reducing the volume of hazardous waste
burned. Similarly, EPA is assembling guidance to assist generators in reaching
the "comparable fuels" specifications by reducing the toxicity of the hazardous
waste generated through waste minimization.
 -For more Information' about the Public -IJar^icjpation Rule, the Proposed A -,-
 Combustion Rule* 'or the -Waste Mimmiiaaon'Natio^al Plan, call the RCRA'
 Hotline at"800 424-9^46 or'TDD-|DOip|>r7672.',<5opjes,,of these and related
 'Hbcuments can-be,,obtained|>y,wrilifigf'RCM. Information Center (RIC), U.B:~
 'Environmental Protection, Agency; Qffice of Solid Waste, 4011$ Street; SW v"
                     , DC                  '