United States Solid Waste and
Environmental Protection Emergency Response EPA530-F-93-036 CM\/mr*Ki»«r-inv,. •
Agency (5302W) December 1993 ENVIRONMENTAL
PROTECTION
Letters from EPA's Administrator to AGENCY
CEOs and Large Quantity Generators AUAS> TEXAS
Of Hazardous Waste LIBRARY
The Resource Conservation and Recovery Act (RCRA) sets national policy that
emphasizes the importance of reducing or preventing the generation of
hazardous waste. It also contains provisions to promote implementation of waste
minimization programs at hazardous waste management facilities. Under those
provisions, large quantity generators (LQGs) of hazardous waste must certify that
they have a waste minimization program in place, to reduce the volume or
quantity and toxicity of their waste to the degree they determine to be
economically practicable (Section 3002(b)). Owners and operators of facilities that
receive a permit for the treatment, storage, or disposal of hazardous waste that
they generate on the premises also are required to make the same certification at
least once a year (Section 3005(h)). On May 28, 1993, the Environmental
Protection Agency (EPA) issued guidance to hazardous waste generators,
outlining the elements of a waste minimization program (see 58 FR 31114).
To encourage waste minimization programs, EPA's Administrator, Carol
Browner, is sending letters to LQGs, reminding them about waste minimization
certification requirements, and asking them to make their "programs in place"
available to the public. Listed below are a number of questions and answers that
may be used in responding to inquiries from recipients of the letters.
What is the letter that the Administrator is sending out and can I get
a copy?
The. letter is directed to the Chief Executive Officers and facility contacts
for each organization that has reported to EPA that it generates large
quantities of hazardous waste. The letter emphasizes the importance that
EPA places on minimizing the amount of hazardous waste generated,
reminds generators that they were required to certify that they have a waste
minimization program in place, and encourages them to make their waste
minimization programs in place available to the public.
A copy of a generic letter containing the text that appeared in each of the
letters is available (once the letter is sent) through the RCRA Hotline.
Who is on the list of generators that received the letters?
The generators who received the letters are those who reported to EPA in
their 1989 or 1991 Biennial Hazardous Waste Reports that they were LQGs
of hazardous waste.
When and how will EPA release the list of the generators?
Details on how the list wtil be made available are not yet determined, but
information wtil be provided through the RCRA Hotiine. EPA plans to make
the list available in spring 1994.
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How accurate is this list?
The list is not a current list ofLQGs, since it is based on inforrnationfrom
1989 and 1991. Because hazardous waste generators may be "large
quantity'' in one calendar month, but not in the next, the list does not reflect
current (Le., 1993 or 1994) LQG status for hazardous waste generators.
However, a segment of the hazardous waste generator population does
remainfairly constantJrom year to year, and thus many of the generators on
the list are still classified as LQGs.
Why aren't all hazardous waste generators getting the letter?
Because not all hazardous waste generators are required to certify that
they have waste minimization programs in place. Only generators who are
classf/ied as LQGs, or who need a permit to treat, store or dispose of
hazardous waste that they generated on-site, are required to certify.
How does EPA recommend or suggest that generators make their
waste minimization programs available to the public?
Generators may make their programs publicly available through
whatever means they desire. EPA is not recommending or suggesting
specific media or techniques.
Why is EPA sending these letters?
Administrator Browner is sending these letters to underscore the
importance of minimizing the generation of hazardous waste. Furthermore,
EPA believes that the public should be able to learn what generators are
doing to minimize the amount of waste being generated. The letters wiR
therefore not only be a reminder to hazardous waste generators about the
requirement to certify having waste minimization programs, but wiR also ask
them to share with the public what they are doing to minimize hazardous
waste.
How does a hazardous waste generator certify?
L0Gs certify when they sign the hazardous waste manifest to ship their
waste off-site for treatment or disposal Generators who have a permit to
treat, store or dispose of their hazardous waste on the premises where it
was generated make their certification in the facility operating record.
What authority does EPA have to send a letter like this?
ERA may contact companies in this manner whenever the Agency so
chooses.
Do I have to submit a written description of my waste minimisation
program in place to EPA?
No. The only requirement to show EPA the documents that you have,
relating to your waste minimization program, is in the event an EPA inspector
asks to see copies of them However, your state may have additional
requirements for submitting a written waste minimization plan to the state
environmental agency.
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I got a letter from Carol Browner that misspells my name/says that
such and such a facility is a large quantity hazardous waste
generator/is addressed to someone who no longer works here...(etc.,
etc.)
Carol Browner's staff sent letters to the Biennial Hazardous Waste Report
Contact person at each Large Quantity Generator site that EPA has a record
of based onEPA's 1989 and 1991 Biennial Report information. The letters
were not sent to a specific named person, but only to the "Biennial
Hazardous Waste Report Contact Person." EPA's intent isjor someone at the
site who is knowledgeable about the RCRA hazardous waste requirements
to be aware of the certification requirement and to be aware that Ms.
Browner would like their organization to make its waste minimization
program (if any is required) available to the public. If EPA's 1989 and 1991
information does not accurately reflect the site's current status, and the site
is no longer a Large Quantity Generator and does not have a RCRA permit,
then the site need not take any action at all
In addition to the letters that went directly to the LQG sites, EPA sent
letters to the Chief Executive Officers of companies with subsidiaries
which (according to EPA's records) were Large Quantity Generators in either
1989 or 1991. It is possible that EPA's information about who is a Chief
Executive Officer is in error, or that EPA's information about which of the
company's subsidiary sites were Large Quantity Generators in 1989 or 1991
is in error.
Do I have to have a written description of my waste minimisation
program in place?
No, but EPA encourages generators who are required to have the program
to keep written copies of it.
How often do I have to update it?
That is up to each generator to determine.
Does the waste minimization program in place have to address each
of the six elements in the May 1993 guidance?
EPA encourages generators to make an effort to address each of the six
elements, but each generator will decide Jbr themselves exactly how, and to
what extent, they will address each one.
Do I have to put my waste minimization program in any particular
format? No.
What does "cost allocation" mean?
In the context of the waste minimization guidance, it means that you can
look at your organization's accounting methods and see if they adequately
distribute the costs of hazardous waste management among the different
activities that produce the waste. For more details, see Chapter 6 of the
Facility Pollution Prevention Guide (avaUableJrom ORD/CERI), or a
document colled Total Cost Assessment: Accelerating Industrial Pollution
Prevention through Innovative Project Financial Analysis, which is available
Jrom the Pollution Prevention Information Clearinghouse, 202-260-1023.
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I'm going to try to recycle my hazardous waste in such and such a
manner. Is that "waste minimization?"
EPA believes that certainforms of recycling are "waste minimization." See
the definitions of materials that are "recycled" in 40 CFR 261. ltd However,
EPA does not consider aUJbrms of recycling as "uwiste minimization." For
example, EPA does not consider burning hazardous wastes for energy
recovery or recycling them in a way where they come into contact with the
ground to be "waste minimization."
My state already requires a waste minimization/pollution prevention
plan. What if EPA's guidance tells me to do something that conflicts
with my state's plan?
ERA believes it is unlikely that there wiR be any conflicts between state
requirements and the waste minimization program elements outlined in the
May 1993 guidance. If there are conflicts, please contact Becky Cuthbertson
at 703-308-8447.
My state/locality already requires a waste minimization/pollution
prevention plan. Isn't that good enough?
The requirement to certify that you have a waste minimization program in
place is a federal RCRA requirement, that is specific to hazardous waste.
State or local requirements may be different. (For example, in addition to
hazardous waste, state requirements might apply to air and water
emissions.) For assistance withfguring out whether your RCRA waste
minimization program in place tufll also satisjy state or local requirements, it
is best to contact your state or locality directy. [States should adjust their
responses to this question as necessary.]
Who is my state technical assistance contact for waste minimization/
pollution prevention? How do I get a list of the state technical
assistance programs?
There is a document called Directory of State and Local Pollution
Prevention Programs, dated April 1992, and availablefrom the Pollution
Prevention Information Clearinghouse, which lists state pollution prevention
contacts. There is another document called the "1993 Reference Guide" that
PPIC provides, which contains similar, more current information.
Will the state technical assistance contact be able to help me?
The state technical assistance contacts have experience in dealing with a
wide range of organizations, and also have an efficient network to refer
people in need of specific expertise to someone who is able to provide it
How do I get more information on how to set up a waste minimization
program hi place?
There is a document called the Waste Minimization Opportunity
Assessment Manual, tuhich is available from the National Technical
Information Service, Publication Number PB 92-216 985. Another document,
which describes how to set up programs that address aR emissions, not just
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hazardous waste, is called the Facility Pollution Prevention Guide (available
free from EPA's Office of Research and Development at (513) 569-7562).
When is EPA going to finalize the guidance to hazardous waste
generators on the elements of a waste minimization program?
The current schedule is to have the guidance become jinal in the fall of
1994. However, in light of comments by various interested parties at a
national meeting held in November 1993, EPA wiR revisit the concept of
finalizing the guidance, since it is limited to minimizing hazardous waste.
The interested parties appeared to be in agreement that EPA would be better
off concentrating its efforts on addressing pollutant emissions to all
environmental media, rather than singling out emissions in wastes, versus
air, or water. Thus, it is now uncertain exactly when EPA wiR finalize the
guidance to hazardous waste generators on the elements of their waste
minimization programs.
For More Information
Call the RCRA Hotline. Monday-Friday, 8:30 a.m. to 7:30 p.m. Eastern time.
The national, toll-free number is (800) 424-9346; TDD (800) 553-7672 (hearing
impaired): in Washington, B.C.. the number is (703) 412-9810. TDD (703)
412-3323.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
DEC -3 !?~-
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: The Administrator's Correspondence to Hazardous Waste
Generators
FROM: Michael Shapiro,
Office of Solid Waste
TO: Waste Management Division Directors
Regions I-X
As you know, Administrator Browner earlier this year announced the
Combustion and Waste Reduction Strategy, which aims to reduce the amount of
hazardous waste produced in the U.S., and to strengthen federal controls on
hazardous waste incinerators and industrial furnaces. In her remarks, the
Administrator stated her intention to publicize the list of generators required to
certify that they have waste minimization programs in place, and to ask these
generators to make the details of their waste reduction programs available to the
public.
To accomplish this task, we will ask hazardous waste generators to make their
programs publicly available; then, we hope to publish the list of these generators
next Spring. We are sending letters from the Administrator to Large Quantity
Generators (LQGs) that reported this status in either the 1989 or 1991 Biennial
Hazardous Waste Report. The letters tell these facilities that we have identified
them as an LQG from the Biennial data, and encourage them to make informa-
tion on their waste minimization program(s) available to the public.
In an effort to reach as many hazardous waste generators as possible, the
Administrator also is sending letters to identifiable Chief Executive Officers at
LQGs reporting in the 1989 or 1991 Biennial Report. Approximately 24,000 letters
will be mailed to potential LQGs. As a result, some organizations may receive
more than one letter.
To assist you in responding to general inquiries, I have attached copies of each
letter and questions and answers that explain who was contacted by EPA and
why. In addition, you will be receiving a set of computer diskettes containing the
names and addresses of the LQGs who were contacted in your region. We are
suggesting that state agencies contact your office for this information, if they are
interested in receiving it.
Printed on Recycled Paper
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If you need more specific, technical information or assistance, please contact
Becky Cuthbertson at (703) 308-8447. If you or your staff want additional copies of
the questions and answers, please call the RCRA Docket at (202) 260-9327. The
general public can obtain copies by calling the RCRA Hotline at (800) 424-9346, toll-
free.
Attachments
cc: RCRA Branch Chiefs
Enforcement Branch Chiefs
State Authorization Section Chiefs
Permitting Section Chiefs
Regional Counsels
ESD Laboratories
RCRA Public Involvement Coordinators
RCRA Waste Minimization Coordinators
Pollution Prevention Coordinators
33/50 Program Contacts
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WA3HMOTON, D.C. 20460
NOV 2 3 ted
THE AOMNBTRATOR
[Specific Name of CEO]
[Specific Address of CEO]
Dear [Specific Name of CEO]:
I am writing to you today to request your assistance in minimizing QUO nation's
hazardous waste. This country generates approximately 208* nnllnnr ton* of hazardous waste
each year. The American' people; increasingly concerned about the disposal- of these wastes, are
demanding that we reduce- the-quantity and toxicity of these waste*,
In his Earth Day message last April, President Clinton indicated that preventing* pollution-
was one of his top priorities. As Administrator of the U.S. Environmental Protection Agency
(EPA), I plan to seek every opportunity to reduce the amount of waste- generated in the United
States and prevent pollution at its source.
One such opportunity is available under the Resource- Conservation and Recovery Act
(RCRA). RCRA requires generators of large quantities of hazardous waste to certify that they
have programs in place to reduce the quantity and toxicity of waste generated. Recently, I
issued guidance to generators on what these programs should include.
Next spring I will make available to the public the names and locations of organizations
and their facilities that were subject to this requirement in 1989 or 1991. Your organization
will be included in that announcement. As a result, people living near your facilities are likely
to want to know the details of your efforts.
I encourage you to implement waste minimization programs to the fullest extent possible.
and then make information about your efforts available to the public. U.S. industries that avail
themselves of both the economic and environmental benefits that result from taking aggressive
action to prevent pollution should be recognized as leaders. Improving public understanding of
your organization's programs is an excellent way to share your commitment with your
customers and your neighbors, and demonstrate your leadership in preventing pollution.
(Release of these programs does not require disclosure of any confidential business
information.)
Primed on fltcyosd Ptotr
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I have enclosed a list of your organization's facilities that, according to information
submitted to EPA in 1989 and 1991 Biennial Reports, generated large quantities of hazardous
waste and, as a result, were required to certify that they have waste minimization programs in
place. I have sent a letter similar to this one to the designated Biennial Report Contact at each
of these facilities, along with a copy of the "Guidance to Hazardous Waste Generators on the
Elements of a Waste Minimization Program.1'
Please note that EPA provides a range of information and types of assistance on how
organizations can save money and prevent pollution. EPA's Pollution Prevention Information
Clearinghouse ((202) 260-1023) distributes fact sheets and provides a referral service for
pollution prevention questions. For more detailed information on waste minimization, or if you
have any questions about the content of this letter, please feel free to have your staff contact the
RCRA/Superfund/OUST Hotline at 1-800-424-9346.
I appreciate and acknowledge your organization's role in our national efforts to minimize
hazardous waste. Some of your facilities may already be participating in the "33/50" and
"Green Lights" programs. Publicizing your organization's programs will help educate people
about your efforts, and help us all take fuller advantage of our pollution prevention
opportunities.
Sincerely,
Enclosure
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
NOV 2 2 1993
THE ADMINISTRATOR
Dear Biennial Hazardous Waste Report Contact:
I am writing to you and soon to the Chief Executive Officer of your organization to
request your assistance in minimizing our nation's hazardous waste. This country generates
approximately 200 million tons of hazardous waste each year. The American people,
increasingly concerned about the disposal of these wastes, are demanding that we reduce the
quantity and toxicity of these wastes.
In his Earth Day message last April, President Clinton indicated that preventing pollution
was one of his top priorities. As Administrator of the U.S. Environmental Protection Agency
(EPA), I plan to seek every opportunity to reduce the amount of waste generated in the United
States and prevent pollution at its source.
One such opportunity is available under the Resource Conservation and Recovery Act
(RCRA). RCRA requires generators of large quantities of hazardous waste to certify that they
have programs in place to reduce the quantity and toxicity of waste generated. Recently, I
issued guidance to generators on what these programs should include. A copy of this guidance
is enclosed.
Next spring 1 will make available to the public the names and locations of organization*
and their facilities that were subject to this requirement in 1989 or 1991. From the informaooa
that EPA has available, the site for which you are the Biennial Hazardous Waste Report cc
reported in 1989 or 1991 that it was a large quantity generator of hazardous waste in one or
more months of those years. Thus, your site was required to certify that there was a progi
in place, as either a large quantity generator of hazardous waste (as required under RCRA
Section 3002(b)) or as a RCRA permitted treatment, storage, or disposal facility for hazarao^
wastes, where such waste was generated on-site (as required under RCRA Section 3005(hn
This certification statement is required both on manifests accompanying shipments of hazartt**
waste off-site, and as a condition of a RCRA hazardous waste permit issued for treating,
storing, or disposing of hazardous waste generated on-site. Your site will be included in tiw
announcement next spring. As a result, people living near your organization's site are likci* *•
want to know the details of your efforts.
My letter to the Chief Executive Officer of your organization will include a list of atf
RCRA large quantity generator facilities associated with your organization that may need to
certify that they have a waste minimization program in place.
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I encourage you, as I will in my letter to your Chief Executive Officer, to implement
waste minimization programs to the fullest extent possible, and then make your information
about your efforts available to the public. U.S. industries that avail themselves of both the
economic and environmental benefits that result from taking aggressive action to prevent
pollution should be recognized as leaders. Improving public understanding of your
organization's programs is an excellent way to share your commitment with your customers and
your neighbors, and demonstrate your leadership in preventing pollution. (Release of these
programs does not require disclosure of any confidential business information.)
Please note that EPA provides a range of information and types of assistance on how
organizations can save money and prevent pollution. EPA's Pollution Prevention Information
Clearinghouse ((202) 260-1023) distributes fact sheets and provides a referral service for
pollution prevention questions. For more detailed information on waste minimization, or if you
have any questions about the content of this letter, please feel free to contact the
RCRA/Superfund/OUST Hotline at 1-800-424-9346.
I appreciate and acknowledge your organization's role in our national efforts to minimize
hazardous waste. Your facility may already be participating in the "33/50" and "Green Lights"
programs. Publicizing your organization's programs will help educate people about your
efforts, and help us all take fuller advantage of our pollution prevention opportunities.
Sin
Enclosure
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