vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9494.oo-i
+~ * *
,A
TITLE: : Implementation Strategy to Accompany the Proposed
Rule For Burning of Hazardous Waste Fuels.
APPROVAL DATE: 07/30/87
? »t *** *
EFFECTIVE DATE: : 07/30/87
ORIGINATING OFFICE: : osw
0 FINAL
D DRAFT
STATUS::
i 1
A" Pending OMB approval
[ ] B- Pending AA-OSWER approval
{ ] C- For review &/or coamsent
[ ] i D- In development or circulatii
REFERENCE (other documents): -
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE Di
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S3 environmental protection Agency
Washington, DC 20460
OSWER Directive Initiation Request
1. Directive Number
9494.00-1
2. Originator Information
Name of Contact Person
Martha A. Madison
Mail Code
Office
OSW/PSPD/SPB
Telephone Code
(202) 382-2229
3. Title
Implementation Strategy to Accompany the Proposed Rule For Burning of
Hazardous Waste Fuel
4. Summary of Directive (include brief statement of purpose)
This document presents the Agency's interim plan for implementing the hazardous waste
burner regulations. If the Agency acquires additional or new information through
public Garments, it may revise the proposed regulations, and the strategy may be
revised accordingly.
5. Keywords
Hazardous Waste / Fuel/ Industrial Furnace
6a. Does This Directive Supersede Previous Directive(s)?
b. Does It Supplement Previous Directrve(s)?
No
No
Yes What directive (number, title)
Yes What directive (number, title)
7. Draft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
J
Yes
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
10. Name and Nile of Approving Official
Marcia Williams, Director, Office of Solid Waste
p^afa
Date
07/30/87
EPA Form 1315-17 (R«v. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF
AUG 24 '537 • SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Implementation Strategy to Accompany the Proposed
Rule for Burning of Hazardous Waste Fuel (OSWER
Policy Directive f 9494.00-1
FROM: Marcia E. Williams, Director
Office of Solid Waste
TO: Waste Management Division Directors
Regions I - X
Attached is a copy of the final implementation strategy
for burning hazardous waste fuel. This strategy was developed
by a workgroup consisting of staff from EPA Headguarters, EPA
Regions and State environmental agencies. The workgroup identi-
fied the issues that the Agency might face in the implementation
of the standards for burning hazardous waste fuel and proposed
and evaluated various options for resolving those issues.
The attached implementation strategy addresses the interim
plan for implementing the hazardous waste burning regulations.
The strategy is organized around five major implementation areas:
priorities and resource allocation; cross media effects; education
and outreach; permitting, compliance monitoring and enforcement;
and State authorization. Many activities cannot be undertaken
until the proposed rule becomes final, since changes may occur.
However, there are egually many activities that need not wait
until the rule is final.
I urge you and your staff to read this strategy closely in
conjunction with the proposed regulation (52 FR 16982, May 6, 1987)
It is my intention that the implementation strategies be dynamic
documents and subject to change as time and events warrant.
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- 2 -
If you should have any additional ideas or concerns that you
think should be included in future revisions of this strategy,
please contact Bruce Weddle of the Permits and State Programs
Division at FTS 382-4746.
Attachment
cc: Hazardous
Workgroup
Waste Branch Chiefs
participants
Regions I-X
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6SWER DIRECTIVE #9494.00-1
IMPLEMENTATION STRATEGY
TO ACCOMPANY
THE PROPOSED RULE FOR
BURNING OF HAZARDOUS WASTE FUEL
Permits and State Programs Division
Office of Solid Waste
U.S. Environmental Protection Agency
July 13, 1987
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OSWER DIRECTIVE ?9494.00-1
PREFACE
Section 204(b)(l) of the Hazardous and Solid Waste
Amendments (HSWA) of 1984 directs EPA to promulgate rules
applicable to the burning of hazardous waste fuels. The Agency
proposed regulations on May 6, 1987, and expects to promulgate the'
final rule in March 1988. The regulations will control emission
of toxic organic compounds, toxic metals, and hydrogen chloride
(HC1) from boilers and industrial furnaces. Organics will be
controlled by setting a 99.99 percent destruction and removal
efficiency (DRE) standard and by imposing a discharge limit on
carbon monoxide (CO). Facilities may demonstrate compliance with
standards for organics by conducting a trial burn to prove that
DRE and CO standards can be achieved, or by complying with certain
design and operating•requirements. Emissions of metals and HC1
will be controlled using a four-tiered approach. Tiers I through
III are risk-based national standards that are back-calculated
from reference air concentrations. Tier IV uses site-specific
dispersion modeling to show that contaminant emissions from the
facility will not result in exceedances of reference air
concentrations. The regulations specify closure and residuals
management requirements and incorporate Parts'264 and 265 storage
standards. Facilities may be exempt from parts of the proposed
standards if they burn small quantities of hazardous waste fuel.
Appendix A describes these requirements in more detail.
This document presents the Agency's interim plan for
implementing the hazardous waste burner regulations. The strategy
is organized around five major implementation areas: priorities
and resource allocation; cross media effects; education and
outreach; permitting, compliance monitoring, and enforcement; and
state authorization.
The Office of Solid Waste (OSW) prepared this implementation
strategy concurrently with the proposed rule and it should,
therefore, be Considered an interim plan. As the rulemaking
process continues, the Agency may acquire additional or new
information through public comments and may revise the proposed
regulations. OSW may accordingly need to include new activities.
or revise the current activities in the interim strategy. The
strategy was developed by a workgroup consisting of staff from
Headquarters, Regions, and State agencies (see Appendix B).
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OSWER DIRECTIVE # 9494.00-1
TABLE OF CONTENTS
Page
PREFACE
I. EXECUTIVE SUMMARY 1
II. IMPLEMENTATION STRATEGY 1
A. Priorities and Resource Allocation 7
B. Cross Media Effects 10
C. Education and Outreach 12
Regions and States 12
Regulated Facilities and the Public 13
D. Permitting, Compliance Monitoring, 17
and Enforcement
E. State Authorization 20
III. APPENDICES 22
A. Summary of the Proposed Rule 23
B. Process Summary 26
C. Schedule for Implementation Activities 28
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OSWER DIRECTIVE #9494.00-1
I. EXECUTIVE SUMMARY
As directed by the Hazardous and Solid Waste Amendments (HSWA)
of 1984, EPA will promulgate regulations to control the burning of
hazardous waste fuels. These regulations will apply to boilers
and industrial furnaces. This strategy identifies those
activities necessary for the effective implementation of the
burner regulations. An overview of each of these activities and a
schedule are presented below. As the rule approaches final
promulgation, the Agency may decide to undertake additional
implementation activities and the Office of Solid Waste (OSW) will
update this strategy as appropriate.
A. Priorities and Resource Allocation
The proposed regulations for burning of hazardous waste fuel
significantly increase the existing hazardous waste implementation
workload by expanding the universe of facilities subject to
permitting requirements, compliance monitoring, and enforcement
actions. Headquarters and the Regions will need to evaluate the
priorities and environmental significance of affected facilities.
during the development of the FY89 RCRA Implementation Plan (RIP).
The State Programs Branch (SPB) will take the lead in
conducting the activities required to set priorities for the FY89
RIP, beginning in November 1987. In response to the final
administrative standards promulgated on November 29, 1985, Regions
should have received notifications from burners by January 1986
and Part A permit applications by April 1986. Regions should
review these notifications and be prepared to provide their views
on priorities for activities to implement this rule to SPB by
October 1987.
B. Cross Media Effects
Regional meteorolegists, because of their dispersion modeling
expertise, will be requested to participate in the review of Part
B permit applications and to assist in the development of a
guidance document. This guidance document is expected to be
completed in November 1987.
C. Education and Outreach
The Agency will undertake education and outreach programs for
Regional and State staff, regulated facilities, and the public.
Activities include: verifying the characterization of the
regulated community; coordinating the training activities of
Regional and State staff; developing and distributing written
guidance; and preparing and presenting training workshops.
Outreach to the public consists of the preparation and
distribution of informational pamphlets.
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OSWER DIRECTIVE #9494.00-1
D. Permitting, Compliance Monitoring, and Enforcement
Regions and States will need to evaluate their burner universe
to determine which facilities are environmentally significant and
will thus require FMPs. This evaluation will begin in April 1988
and will be completed in October 1988.
The timing for the calling in of Part B applications has been
assumed to reflect the availability of resources to process these
applications. The personnel working to meet the November 1989
incineration permit deadline are likely to be the same ones to
review the applications from hazardous waste burners because of
the specialized expertise required. These personnel are not
likely to be available until after the incineration deadline has
passed.
Regions and authorized States will call in Part B permit
applications from one fourth of the potential applicants at a
time. The first group will be requested in July 1989 and the last
in February 1991.
Enforcement activities can begin after the effective date of
most of the regulations, estimated to be October 1988. Regions
and States, prior to the effective date, will review outreach
materials, participate in training programs, and conduct a
preliminary evaluation of facilities in the newly regulated
community.
E. State Authorization
As with all other HSWA-mandated regulations, the hazardous
waste fuel regulations take effect in both authorized and
unauthorized States simultaneously. The Regions will be
responsible for. implementing and enforcing the burner regulations
until such time as the States are authorized to do so. Regions
cannot determine workloads without knowing their States'
intentions to- seek authorization. Regions will make an assessment
of these intentions, beginning in July 1988, and concluding in
October 1988.
Until such time as a State is authorized to administer the
burner regulations, duplication of effort and confusion may result
from both Federal and State burner regulations being in force in a
State. In order to minimize confusion and duplication, Regions
and States will jointly enter into cooperative agreements.
Negotiation of cooperative agreements will commence in March 1988
and will continue through the signing of the State grant
agreements for FY89 (October 1988).
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OSWER DIRECTIVE # 9494.00-1
Exhibit 1 summarizes major implementation activities. This
Exhibit presents a chronological overview along with the
responsible authorities and target dates. Appendix C displays a
detailed timeline with the start and stop dates of each activity.
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OSWER DIRECTIVE #9494.00-1
EXHIBIT 1
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR BURNING OF HAZARDOUS WASTE FUELS
ACTIVITY
RESPONSIBLE
AUTHORITY
TARGET
START - STOP
DATE a/
Publish proposed rule
Ascertain the role of Regional
meteorologists
Consider the new rule relative to
overall Agency priorities by
integrating the new requirements
in the FY89 RIP
Develop workload model
Publish Final Rule
Negotiate cooperative agreements
between Agency and States for FY89,
including reviewing Federal and
State regulations and identifying
overlap
Evaluate burner universe to deter-
mine which facilities are environ-
mentally significant and will re-
quire FMPs
Assess States' intentions to seek
authorization, and evaluate
workload adjustments
Develop and distribute written
guidance materials for Regional
and State staff, prepare and
present workshops to Regional
and State staff, and prepare
draft information pamphlets
for the regulated community
and the public
OSW/WMD
OSW/PSPD
OSW/PSPD/
WMD
OSW/OPMS
OSW/WMD
Regions/
States
May 1987
July 1987 -
August 1987
November 1987
April 1988
December 1987
March 1988
March 1988
March 1988 -
October 1988
Regions/
States
Regions/
States
OSW/WMD/
OPMS
April 1988 -
October 1988
July 1988 -
October 1988
July 1988-
November 1988
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OSWER DIRECTIVE #9494.00-1
EXHIBIT 1 (cont'd)
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR BURNING OF HAZARDOUS WASTE FUELS
ACTIVITY
RESPONSIBLE
AUTHORITY
TARGET
START - STOP
DATE a/
Anticipated effective date of most
of the regulations
Modify or develop FMPs to include Regions/
new activities States
Reevaluate the priority of OSW/PSPD
hazardous waste burner imple-
mentation activities for the
•FY90 RIP
Review and print pamphlets, OSW/OPMS
and distribute pamphlets to
public through Regional offices,
State programs, public interest
organizations, and trade
associations
Identify and select appropriate Regions/
facilities for compliance States
monitoring
Conduct compliance inspections and Regions/
enforcement action from previously States
identified facilities as a basis
for an education campaign
Request first group of potential Regions/
applicants to submit Part B States
applications
Revise education and outreach Regions/
based on selected facilities and States
compliance and enforcement action
Begin reviewing Part B applications Regions/
from first group of applicants and States
call in those" for second group
October 1988
October 1988 •
February 1989
October 1988 •
March 1989
November 1988
Ongoing
January 1989 -
June 1989
February 1989 •
.September 1989
June 1989 -
July 1989
June 1989 -
December 1989
January 1990 •
February 1990
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OSWER DIRECTIVE 19494.00-1
EXHIBIT 1 (cont'd)
SUMMARY OF IMPLEMENTATION ACTIVITIES
FOR BURNING OF HAZARDOUS WASTE FUELS
ACTIVITY
RESPONSIBLE
AUTHORITY
TARGET
START - STOP
DATE a/
Review Tier IV applications, select OSW/PSPD
case studies, prepare case study
drafts for review, and prepare
final case studies for distribution
Begin reviewing Part B applications Regions/
from the second group of applicants States
and call in those for the third
group
Distribute case studies as OSW/OPMS
appropriate
Begin reviewing Part B applications Regions/
from the third group of applicants States
and call in those for the last group
Begin reviewing Part B applications
from the last group of applicants;
continue all reviews not yet
complete
Regions/
States
January 1990
July 1990
June 1990 -
July 1990
July 1990 -
September 1990
January 1991 -
February 1991
July 1991 -
Ongoing until
complete
a/ Target Start-Stop Date assumes that the rule is promulgated in
March 1988. -
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OSWER DIRECTIVE'#9494.00-1
II. IMPLEMENTATION STRATEGY
This strategy discusses key activities in four major areas
necessary to implement"the hazardous waste burner regulations.
These areas are: priorities and resource allocation; education
and outreach; permitting, compliance monitoring, and enforcement;
and state authorization. An exhibit follows each section and
lists each activity, the lead office, and target completion date.
A. Priorities and Resource Allocation
As many as 1000 facilities may require some form of
implementation activity. Approximately 650 of these may be small
quantity burners that need only meet notification and reporting
requirements. Of the remainder, many facilities will close,
leaving 150 to 200 facilities that require permits.I/ Of those
requiring permits, as many as 50 may submit a risk-based variance
(i.e., Tier IV) application.
The Regions and States will require significant guidance and
training to issue permits, evaluate variances and exemptions,
conduct compliance inspections, arid take appropriate enforcement
actions. To manage this workload, the Office of Solid Waste and
Emergency Response (OSWER) needs to identify priority facilities,
designate priority activities, and allocate resources
accordingly. The workgroup expressed concern about priority
setting and resource allocation and identified this as the most
pressing issue with respect to implementing the new regulations.
The workgroup's major concern was resource management and
priority setting for activities related to the hazardous waste
burner program. This issue, however, must be resolved in
conjunction with decisions about resource allocations and
priorities for all HSWA-related activities.
Incorporating the new rule into overall Agency priorities and
determining resource allocations entails integrating hazardous
waste burner-related priorities in the FY89 RIP. This activity
will be led by the State Programs Branch (SPB) with support from
the Office of Program Management and Support (OPMS). The
workgroup suggested several criteria for establishing
burner-related priorities relative to other HSWA-related
I/ Estimates are based on Regulatory Analysis for Proposed RCRA
Regulations: Permit Standards for Burning of Hazardous Waste in
Boilers, and Industrial Furnaces, Preliminary Draft (U.S. EPA
Office of Solid Waste, February 1986), and conversation with the
Office of Solid Waste, Waste Treatment Branch. •
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9SWER DIRECTIVE '#9494.00-1
priorities (e.g., land disposal restrictions, surface impoundment
retrofitting), however, it was unable to arrive at consensus at
such an early point in the HSWA implementation process. Criteria
that were discussed included:
• Whether burners are commercial or off-site facilities;
• Number of permits requiring processing;
• Type and volume of waste;
• Qualitative evaluations of health and environmental
risk; and
• Location and population potentially affected.
The Resources Management Section (RMS), within OPMS, will be
responsible for preparation of a workload model. This model will
be completed by March 1988. Based upon this model, SPB and OPMS-
will determine resource allocations for Regional offices and State
programs for the implementation of the hazardous waste burner
regulations for FY89, FY90, and FY91. The Agency may specifically
establish these priorities and allocations or, alternatively, may
simply suggest the level of priority or allocation it thinks
appropriate, in the FY89 RIP by April 1988, and in subsequent RIPs
as appropriate.
The Regions will have an important opportunity to influence
the priorities specified in the FY89 RIP. Information gained from
the review of notifications received in response to the November
29, 1985 administrative standards should be provided to the Agency
by October 1987. This information should highlight both the
magnitude and the environmental significance of the burner
universe.
Regional offices and State programs will be responsible for
modifying or developing their FMPs to include new implementation
activities to implement these regulations. FMP development and
modification will be completed, as appropriate for the anticipated
150 to 200 applications, by February 1989.
After the FY89 priorities have been implemented and their
effectiveness can be evaluated, the SPB, with assistance from
Regional and State personnel, will reevaluate the priority of
hazardous waste burner implementation activities. The results of
this review will be used as a basis for establishing FY90
priorities. The FY90 RIP will be completed in March 1989.
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OSWER DIRECTIVE '#9494.00-1
^EXHIBIT 2
PRIORITIES AND RESOURCE ALLOCATION
ACTIVITY
RESPONSIBLE
AUTHORITY
TARGET
COMPLETION
DATE a/
1. Develop workload model
2. Consider the new rule relative to
overall Agency priorities by inte-
grating the new requirements in
the FY89 RIP
3. Modify or develop FMPs to include
new activities
4. Reevaluate the priority of hazardous
waste burner implementation activities
for the FY90 RIP
OSW/OPMS March 1988
OSW/PSPD/ April 1988
WMD
Regions/ February 1989
States
bsW/PSPD March 1989
a/ Target Completion Date assumes that the rule is promulgated in
March 1988.
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OSWER DIRECTIVE #9494.00-1
B. Cross Media Effects
The proposed rule provides a variance from the metals and HC1
standards based on a case-by-case, site-specific risk assessment.
PSPD will take steps to obtain the cooperation of Regional
meteorologists from the Air Program to assist in this risk
assessment. The rule does not require participation by Regional
meteorologists, but their participation is preferable because
their experience and location will promote more cost-effective
program implementation. To obtain the necessary cooperation, PSPD
will contact the Office of Air Programs to develop a memorandum
from the Assistant Administrators of Air and of OSWER. This
memorandum will be directed to the Regional Administrators, asking
them to arrange for the Regional Air Program to assist the RCRA
Program in these risk assessments.
The Regional meteorologists would be asked to review any site-
specific dispersion modeling included in permit applications to
ensure consistency with EPA's Guidelines on Air Quality Modeling.,
In addition, the Regional meteorologist would confirm the
applicant's selection of the applicable metals or HC1 standard
.relative to the type of terrain (i.e., flat or complex terrain).
If, for any reason, a Regional meteorologist is unable to
participate, the Permit Assistance Team (PAT) will take the lead
to obtain the required expertise either in-house (for example,
from ORD), or through consultants/contractors to perform the
assessments. The Team may also have to be expanded to include
personnel with dispersion modeling expertise.
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OSWER DIRECTIVE #9494.00-1
EXHIBIT 3
CROSS MEDIA EFFECTS
ACTIVITY
RESPONSIBLE
AUTHORITY
TARGET
COMPLETION
DATE a/
1. Ascertain the role of
Regional meteorologists
OSW/PSPD
August 1987
a/ Target Completion Date assumes that the rule is promulgated in
March 1988.
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OSWER DIRECTIVE #9494.00-1
C. Education and Outreach
Education and outreach activities are required for the following
audiences: Regional and State Programs, regulated facilities, and
the general public. Activities for each group are described below.
Exhibit 4 summarizes subactivities for each of these groups.
Regions and States
The regulations establish new technical standards and variance
requirements for boilers and industrial furnaces burning hazardous
waste fuels. The Tier IV variance provisions require Agency and
State personnel to understand and apply various air dispersion
models based upon site-specific characteristics (e.g., fuel type,
meteorology, topography, and burning facility density). These
models must be used in conjunction with site-specific risk
assessment to determine if the facility exceeds risk-based
thresholds. Agency and State personnel will require training and
guidance to issue new permits, evaluate exemption and variance
requests, conduct compliance and .inspection activities, and initiate
enforcement actions. The Agency will prepare written guidance
materials and workshops for permit writers, regional meteorologists,"
compliance and enforcement personnel, and, where appropriate,
modelers.
The Communication and Training Section (GTS) and the Waste
Treatment Branch (WTB) will have joint responsibility for education
and outreach activities, with assistance from SPB. CTS will have
overall responsibility for coordinating the training activities of
Regional-and State staff. This will include assisting in review and
coordination of a training program, as well as printing and
distribution of written materials. WTB will provide the technical
input, curriculum design, and regulated community characterization.
WTB has completed an initial characterization of the regulated
community by interpreting information provided in the Regulatory
Analysis (see Note 1, page 12). The characterization of the
regulated community includes an assessment of facility types,
geographic distribution, burning devices, waste volumes, and
industries. The initial characterization should be verified by
Regions and States by April 1988, at which time development of
written outreach material will begin. Development of written
materials will be completed in July 1988. Distribution to Regional
and State staff will be completed in September 1988. Coordination
by CTS will continue through the entire process and will conclude in
September 1990.
In addition to written guidance, WTB and CTS will coordinate the
development and presentation of training workshops for Regional and
State staff. The workshops will elaborate written guidance
materials and provide a convenient forum for specific permitting,
variance, compliance, and enforcement issues. WTB will be
responsible for the technical content of the workshops, the
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OS0ER DIRECTIVE #9494.00-1
development of the material for handouts, slides, etc., and the
selection of appropriate staff to conduct the workshops. CTS will
be responsible for the organization of the workshops, for scheduling
presentations to Regions and States, as appropriate, and for
workshop administration. WTB and CTS will consider cost-effective
approaches, including videotapes and conference calls,
"piggybacking" the workshops onto other appropriate training
activities, and combining two or more Regions together into a single
workshop. The workshops should be ready for presentation by
September 1988. Presentation will be completed in November 1988.
The Permit Assistance Team (PAT) within the Assistance Branch
(AB) will select several of the initial Tier IV applications
involving site-specific risk-based modeling, and prepare draft case
studies for review. After comments are received, the final case
studies will be prepared by the PAT. They will be distributed by
CTS to Regions and States to illustrate the proper way(s) to process
Tier IV applications. This activity may only begin after
appropriate applications are submitted by facilities. It is
expected, however, that review of the applications by the PAT/AB
will be completed by April 1990, and that the case studies will be
prepared by the .PAT and distributed by CTS by September 1990.
Regulated Facilities and the Public
The new rule will require specific actions on the part of the
regulated facilities and the public. For example, the regulated
facilities must comply with the regulations by submitting a permit
application and obtaining a permit, qualifying for an exemption, or .
stop burning hazardous waste as fuel. The public will be encouraged
to participate in complex public hearings during the permitting
process. To undertake these activities properly, the facilities and
the general public need to be made aware of the new requirements.
Many facilities may be subject to RCRA standards for the first
time. For example, generators of 100-1000 kilograms of hazardous
waj3te_per_jnojith have beepme _subiect to RCRA__ as a resultof_the irules
promulgated in March 1986. The Small Quantity Generator Survey of
1983 reports 778 such facilities burning almost 1.5 million gallons
of hazardous waste fuel on site. These facilities sent an
additional 1.7 million gallons of hazardous waste off site for
burning as fuel.2/
2/ More recent information available to WTB (e.g., facility
notifications received by the Regions as a result of the November
1985 final rule) indicate that the number of small quantity
hazardous waste generators burning hazardous waste fuel is
approximately 650.
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OSWER DIRECTIVE £9494.00-1
These small quantity generators, as well as other members of the
regulated community and the general public, will require information
on the new standards, variances, and exemptions. For example, the
public will need to understand that all facilities, except small
quantity burners, will require a permit, and that some may require a
trial burn. In order to meet this need, the Agency will prepare and
distribute information pamphlets. These pamphlets will inform
regulated facilities, including many businesses that may have little
experience with hazardous waste regulations, of the new regulations
and will encourage constructive public participation.
CTS, with technical support from WTB and Regional and State
personnel, will prepare information pamphlets for distribution to
regulated facilities and the public through Regional offices, State
programs, public interest organizations, and trade associations.
These pamphlets will include regulated facility characteristics,
issues and topics for the nonregulated public, and key technical
issues and requirements. For example, the information pamphlets for
regulated facilities will provide information on laboratory
resources: how to find them and how to use them. Many small
burning facilities do not know the types of analytical procedures
required, nor how to obtain them. The pamphlets for the general
public, on the other hand, will provide information on why the
regulations are necessary and how they are protective.
Preparation of the pamphlets will necessarily be preceded by an
assessment of the information needs of the regulated facilities and
the public. WTB will prepare these draft pamphlets by November 1988
in close coordination with Regional and State personnel, public
interest organizations, and trade associations. These pamphlets
will be prepared in such a manner so as to facilitate the inclusion
of state-specific information (e.g., providing a flap or a pocket to
allow States to insert their own outreach materials). CTS will
review and print the pamphlets, and distribute them to Regions,
States, organizations, and trade associations. These recipients
will then forward the pamphlets to regulated facilities, parties
requesting them, and association members. Distribution will
commence in November 1988 and continue until there is no longer
significant need for the pamphlets.
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OSWER DIRECTIVE #9494,00-1
'EXHIBIT 4
EDUCATION AND OUTREACH
ACTIVITY
TARGET
RESPONSIBLE COMPLETION
AUTHORITY DATE a/
REGIONS AND STATES
1. Verify the characterization of the
regulated community
2. Written Guidance
a. Develop written guidance materials
for Regional and State staff
b. Distribute guidance materials
to Regional and State staff
3. Workshops
a. Develop workshops for Regional
and State staff
(1) Prepare materials and
select staff for presen-
tation of workshops
(2) Plan organization, sched-
uling and administration
of workshops
b. Present workshops to Regional
and State staff
4. Case Studies
a. Review Tier IV applications,
select case studies, prepare
case study drafts for review,
and prepare final case studies
for distribution
b. 'Distribute case studies as
appropriate
5. Coordinate training activities
of Regional and State staff
Regions/ April 1988
States
OSW/WMD July 1988-
OSW/OPMS September 1988
OSW/WMD September 1988
OSW/OPMS September 1988
OSW/WMD November 1988
OSW/PSPD July 1990
OSW/OPMS September 1990
OSW/OPMS September 1990
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OSWER DIRECTIVE #,9494.00-1
EXHIBIT 4 (cont'd)
EDUCATION AND OUTREACH
ACTIVITY
RESPONSIBLE
AUTHORITY
TARGET
COMPLETION
DATE a/
PUBLIC
6. Assess information needs of facili-
ties and public and prepare draft
public information pamphlets
7. Review and print pamphlets, and
distribute to public through
Regional offices, State programs,
public interest organizations,
and trade associations
OSW/WMD November 1988
OSW/OPMS November
1988 -
Ongoing
a/ Target Completion Date assumes that the rule is promulgated in
March 1988.
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OSWER DIRECTIVE #9494.00-1
D. Permitting, Compliance Monitoring, and Enforcement
Previous experience in the RCRA program suggests that
implementing regulations for a new universe of facilities is
difficult. Both the permitting process and the regulated
community are complex. Though permit procedures will be patterned
after the procedures for hazardous waste incinerators, there are a
number of special types of permits. These types include permits
for:
• New boilers that are exempt from trial burn
requirements; and
• New boilers and industrial furnaces subject to the
trial burn requirements.
The universe subject to the hazardous waste fuel regulations
potentially includes 150 facilities applying for permits, 650
small quantity burners that may be exempt from some of the ;
requirements, and 50 facilities that may applytfor a risk-based
variance. The priority for burner-related implementation
activities relative to other HSWA activities will be established
by the FYS9 RIP. Regions or State's (depending on whether the
State's program is authorized) will then undertake all permitting,
compliance monitoring, and enforcement activities according to
these priorities. Compliance monitoring and enforcement
activities will be targeted toward priority facilities in order to
maximize the Regions' and States' enforcement presence and to
promote voluntary compliance. These activities are summarized in
Exhibit 5.
Consistent with program implementation at other treatment,
storage, and disposal facilities, the Agency will need to identify
those burners that are environmentally significant. Possible
criteria include:
• Whether burners are commercial or off-site facilities-;
• Geographic location and proximity of the facility to
sensitive environments or populations;
• Past operating history; and
• Combustion device(s) used.
This information is available from the notification forms
submitted under Phase I (the final administrative standards for
this rule), or in the case of the past history of a facility,
possibly from the State. Additional information may be obtained
about storage facilities that have already submitted Part A of the
permit application, and subsequently, about facilities that submit
Part A's within 6 months after this rule is final.
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OSWER DIRECTIVE #9494.00-1
Using these or other criteria, the Regions and States will
need to evaluate their burner universe to determine which
facilities are environmentally significant and will require FMPs.
This evaluation will be completed in October 1988.
Regional and State permit writers will be heavily involved
with the permitting of incinerator facilities until November
1989. Thus, they will generally be unavailable for reviewing
burner permits until January 1990. Therefore, the phased call in
of Part B applications for burner permits is timed so that
applications should be received by the Regions and States by
February 1990 (i.e., the first group of potential Part B
applications will be requested in July 1989). Each of the three
remaining successive groups will be called in at six month
intervals until the last group is requested in February 1991.
While waiting for a given group of applications, the Regions and
States will work on processing applications previously received.
The Regions and States will receive the last group of applications
by July 1991, at which time these, and all applications not yet
completed, should be reviewed.
Enforcement activities can begin when the rule becomes
effective. The effective date of the regulations is estimated to
be October 1988. Regions and States, prior to the effective date,
will review outreach materials, participate in training programs,
and conduct a preliminary evaluation of facilities in the newly
regulated community. In recognition of limited resources, Regions
and authorized States will extend available resources by
identifying, if possible, facilities that commit violations that
present a serious threat to human health or the environment and
publicizing the results of the enforcement actions. Making the
results highly visible will demonstrate to the regulated community
the Regions' and States' enforcement presence. Prosecution of
cases that do not pose a risk to human health or the environment
(such as paper violations) and that might lower the credibility of
the enforcement activities, should not be undertaken. This
activity will-begin shortly after the effective date of the final
rule. Compliance and enforcement requires identifying and
selecting appropriate facilities for compliance monitoring by June
1989, and conducting compliance inspections and developing
enforcement orders by September 1989. The results from this
action will help to identify whether additional or revised
guidance, training, or public information is required. If
additional or revised information and materials are required, they
will be completed by December 1989.
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OSWER DIRECTIVE £9494^00-1
.EXHIBIT 5
PERMITTING, COMPLIANCE MONITORING, AND ENFORCEMENT
ACTIVITY
TARGET
RESPONSIBLE COMPLETION
AUTHORITY DATE a/
1. Evaluate the burner universe to
determine which facilities are
environmentally significant and
will require FMPs
2. Request first group of potential
applicants to submit Part B applica-
tions
3. Begin reviewing Part B applications
from first group of applicants
and call in those for second
group
4. Begin reviewing Part B applications
from the second group of applicants
and call in those for the third
group
5. Begin reviewing Part B applications
from the third group of applicants
and call in those for the last group
6. Begin reviewing Part B applications
from the last group of applicants;
continue all reviews not yet
complete
7. Implement compliance and enforcement
a. Identify and select appro-
priate facilities
b. Conduct compliance inspections
and enforcement action
c. Revise education and outreach
based on 7a and 7b above
Regions/ October 1988
States
Regions/ July 1989
States
Regions/ February 1990
States
Regions/ July 1990
States
Regions/
States
Regions/
States
Regions/
States
Regions/
States
Regions/
States
February 1991
July 1991 -
Ongoing until
complete
June 1989
September 1989
December 1989
a/ Target Completion Date assumes that the rule is promulgated in
March 1988.
-19-
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OSWER DIRECTIVE #9494.00-1
E. State Authorization *
Pursuant to RCRA Section 3006(g), the hazardous waste fuel
regulations take effect in authorized States and unauthorized
States at the same time. The Regions will be responsible for
implementing and enforcing the regulations until the States have
received authorization. Some States, however, may currently have
their own regulations in force for burning hazardous waste fuels.
Confusion and duplication of effort may result when States enforce
their own hazardous waste fuel regulations at the same time the
Agency enforces the Federal regulations. In addition, it may not
be readily apparent to the Regions which States intend to seek
authorization. Without knowing which States will seek
authorization, the Regions cannot determine workloads.
Potential confusion and duplication may be minimized through
determining States' intentions and using cooperative agreements.
These activities are summarized in Exhibit 6.
The Regions must assess States' intentions to seek
authorization for this provision in order to determine the
division of Regional and State workloads. This activity will be
completed by October 1988.
In order to minimize duplication of effort and confusion in
those States- whose hazardous waste fuel regulations have not been
approved by the Agency, cooperative agreements will be used.
These agreements, entered into by both the Agency and the State,
enable the Agency to defer to the States, whenever appropriate, in
their efforts to implement and enforce hazardous waste burner
regulations. The Regions are encouraged to urge the States to
modify their programs and apply for authorization at the earliest
possible time.
When entering into a cooperative agreement, both the State and
the Agency will evaluate the"Federal hazardous waste burner
regulations and the applicable State regulations. Areas of
regulatory overlap and duplication will be identified. The Agency
will defer implementation of the identified areas to the State.
In those areas where the State has no regulations for the Agency
to defer to, the Agency will continue to enforce the Federal
regulations. Negotiating cooperative agreements will begin in
March 1988 and will continue through the signing of the State
grant agreements for FY89 (October 1988).
If the rule is promulgated in March 1988, it will be in HSWA
Cluster 2. The Cluster period is from July 1, 1987 to June 30,
1990. State programs must be modified by July 1, 1991 if only
regulatory changes are required, and by July 1, 1992 if statutory
changes are.required. An application for authorization of these
provisions must be submitted within 60 days after the necessary
modifications are completed.
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OSiER DIRECTIVE #9494.00-1
'EXHIBIT 6
STATE AUTHORIZATION
TARGET
RESPONSIBLE COMPLETION
ACTIVITY AUTHORITY DATE a/
1. Assess States' intentions to seek Regions/ October 1988
authorization, and evaluate work- States
load adjustments
2. Negotiate cooperative agreements be- Regions/ October 1988
tween Agency and States for FY89, States
including reviewing Federal and State :
regulations and identifying overlap
a/ Target Completion Date assumes that the rule is promulgated in
March 1988.
-21-
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OSWER DIRECTIVE #9494.00-1
III. APPENDICES
-22-
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OSHBR DIRECTIVE #9494.00-1
APPENDIX A
SUMMARY OF THE PROPOSED RULE
The proposed technical requirements for burners of hazardous
waste fuel consist of permit standards for boilers and industrial
furnaces burning hazardous waste with positive heat content.
Permitted facilities can burn hazardous waste in boilers and
industrial furnaces for destruction, energy, or energy/material
recovery. The primary purpose of the proposed requirements is to
use national performance standards to control emissions of toxic
organic compounds, toxic metals, and hydrogen chloride (HC1).
Proposed requirements for hazardous waste burned as fuel are
briefly discussed below.
Toxic organic compounds will be controlled with destruction
and removal efficiency (DRE) and carbon monoxide (CO) performance
standards. A DRE of 99.99 percent for principal organic hazardous
constituents (POHCs) will be required. Emissions of products of
incomplete combustion (PICs) will be controlled indirectly by
limiting flue gas CO levels. Also, the proposed rule uses
risk-based emission limits for:
• Arsenic,
• Cadmium,
• Chromium,
Nickel,
• Lead, and
• Hydrogen Chloride.
Boilers and industrial furnaces burning hazardous waste can
comply with the requirements for toxic organic compounds in one of
the following ways:
• By conducting a trial burn to demonstrate compliance
with.the requirements, during which wastes are burned
under representative conditions to prove that all
performance and emission standards can be met; or
• By applying for a trial burn waiver (available for
boilers only), which requires boilers to comply with
certain design and operating requirements, including:
Limitations on the percent of waste in the fuel
fired and on the operating load of the boiler;
Constraints on hazardous waste fuel heat content;
Limitations on the types of devices used (i.e.,
firing method); and
Compliance with the CO flue gas requirements.
-23-
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OSWER DIRECTIVE #9494.00-1
Emissions of metals and HOI will be controlled using a
four-tiered approach. Each tier by itself is intended to be
protective and demonstration of compliance with any tier is
sufficient to meet the. requirements. Tiers I through III are
risk-based national standards that are back-calculated from
reference air concentration:
• Tier I is a specification establishing
maximum allowable contaminant levels for the
hazardous waste and compliance is demonstrated
by analysis of the waste;
• Tier II sets limits on the feed rates of
wastes into the device, taking into account the
hazardous waste, other fuels, and industrial
furnace feedstocks (where appropriate).
Compliance is demonstrated by taking the above
factors into account, documenting feed rates,
and showing that contaminant levels do not
exceed computed allowable concentrations; and
• Tier III sets emission limits for individual
contaminants expressed as pounds of contaminant
per million Btu of heat- input to the device.
Compliance is demonstrated by emission testing.
Also, a facility may demonstrate compliance with the standards
using the fourth tier:
*
• Tier IV uses site-specific dispersion
modeling to show that contaminant emissions
from the facility will not result in exceedance
of reference air concentrations.
Exemption from some of the requirements is available to
boilers burning small quantities of hazardous waste. The
threshold for -"small quantities" varies with the size of the
device. These "small quantity" burners are subject to certain
notification and record keeping requirements.
Residuals disposal requirements are imposed for boilers
burning hazardous waste, if the hazardous waste is co-fired with
oil or gas, or with coal where the coal provides less than 50
percent of the boiler's fuel requirements; if the hazardous waste
contains a listed hazardous waste; or if the residuals exhibit a
hazardous characteristic. The residuals from most industrial
furnaces burning hazardous waste are not RCRA hazardous wastes.
These residuals are exempt from RCRA provisions as noted in
Sections 261.4(b)(4), (7), and (8). The residuals -ay be
regulated as hazardous, however, if burning of hazardous waste
fuel causes a significant increase of metals in the residuals or
if the residuals demonstrate a hazardous characteristic or result
from a listed hazardous waste.
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OSWER DIRECTIVE #9494.00-1
In addition to the technical standards discussed above, EPA is
also proposing to apply the nontechnical standards applicable to
other hazardous waste treatment, storage, and disposal facilities
to boilers and industrial furnaces burning hazardous waste. These
nontechnical standards' address the potential hazards from spills,
fires, explosives, and unintended egress; require compliance with
the manifest system to complete the cradle-to-grave tracking
system; ensure that hazardous waste (and hazardous residues) are
removed from the site upon closure; and ensure that the
owner/operator is financially capable of complying with the
standards.
The nontechnical standards that would apply to boilers and
industrial furnaces burning hazardous waste are identical to 'those
that currently apply to hazardous wastes incineration facilities.
The Part 264 nontechnical permit standards applicable to
incinerators would apply to permitted boilers and industrial
furnaces and the Part 265 nontechnical standards applicable to
incinerators would apply to boilers and industrial furnaces in
interim status.
-25-
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OSRER DIRECTIVE #9494.00-1
APPENDIX B
PROCESS SUMMARY
The implementation strategy was developed by a workgroup
consisting of staff from Headquarters, Regional offices, and State
programs. The workgroup members are identified in Exhibit 7.
Preparation of the strategy was preceded by the preparation of two
reports. The Draft Phase I Report (April 11, 1986) identified and
briefly analyzed the key issues that require resolution for
implementation of hazardous waste and off-specification used oil
regulations. The Report was based on the results of a workgroup
meeting held at Headquarters during the Implementation Strategies
Workshop (March 3-4, 1986). The Revised Phase II Report (July 11,
1986) analyzed the issues further and evaluated the pros and cons
of various options. These two Reports were reviewed by workgroup
members who provided comments and suggestions. These comments and
suggestions were incorporated into the implementation. strategy
accordingly.
The Draft Phase I and Revised Phase II Reports address both
hazardous waste fuel and off-specification used oil burned as
fuel. The implementation strategy, however, addresses hazardous
waste fuel only. It does not include off-specification used oil
because between the preparation of the Revised Phase II Report and
the implementation strategy the Agency decided not to propose the
hazardous waste fuel .regulations concurrently with the
off-specification used oil fuel regulations, as it had originally
intended to do. The implementation strategy for the burning of
off-specification used oil will be developed at a later date.
The Draft Phase I Report, the Revised Phase II Report, and the
implementation strategy were all developed concurrently with the
draft proposed rule. The rule, therefore, had not fully evolved
and the total range of potential issues may not have been fully
revealed; As .a result of this circumstance, the implementation
strategy is most appropriately considered interim in nature. As
the rulemaking process continues, additional information useful to
the strategy may be obtained. This information may include
identification of additional issues or options, or further
resolution or clarification of those already identified. As this
information presents itself, the strategy will be modified
accordingly.
-26-
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OSWER DIRECTIVE #9494.00-1
•'Exhibit 7
Burning of Hazardous Waste
Fuel Workgroup Participants
EPA Headquarters Participants
Marty Madison (Chair), OSW
Art Glazier, OSW
Bob Holloway, OSW
Dwight Hlustick, OSW
Sonya Stelmack, OSW
Jeuli Bartenstein, CTS
Victor Hayes, OWPE
EPA Regional Participants
Douglas McCurry, Region IV
Y. J. Kim, Region V
Randall E. Brown, Region VI
Chet McLaughlin, Region VII
Kelly Allan, Region IX
Bill Steyer, Region X
Other Participants
Jim Verderese, ICF Inc.
-27-
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OSWER DIRECTIVE #9494.00-1
SCHEDULE FOR IMPLEMENTATION ACTIVITIES a/
DURATION
1987 198;
J
U
ACTIVITIES L
A
U
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S
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A. Priorities and Resource Allocation
1. Develop workload model
2. Consider the new rule relative to
overall Agency priorities by inte-
grating the new requirements in
FY89 RIP
3. Modify or develop FHPs to include
new activities
4. Reevaluate the priority of
hazardous waste burner
implementation activities
for the FY90 RIP
B. Cross Media Effects
1. Ascertain the role of
Regional meteorologists.
C. Education and Outreach
Regions and States
1. Verify the characterization
of the regulated community
2a. Develop written guidance
materials for Regional
and State staff
2b. Distribute written guidance
materials to Regional and
State staff
3a(l). Prepare materials and select
staff for presentation of
I workshops
X X
X' x
X-X
X
X X
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APPENDIX^ |||
SCHEDULE FOR IMPLEMENTATION ACTIVITIES a/
DURATION
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ACTIVITIES L
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3a(2). Plan organization, scheduling
and administration of workshops
3b. Present workshops to Regional
and State staffs
4a. Review Tier IV applications, select
case studies, prepare initial
case study drafts for review,
and prepare final case studies
for distribution
4b. Distribute case studies as
appropriate
5. Coordinate training activities of
Regional and State staff
Public
6. Assess information needs of
facilities and public, and prepare
draft public information pamphlets
7. Review and print pamphlets and
distribute to public through
Regional offices, State programs,
public interest organizations, and
trade associations
0. Permitting. Compliance Monitoring.
and Enforcement
1. Evaluate burner universe to determine
which facilities are environmentally
significant and will require FMPs
2. Request first group of potential
applicants to submit Part B
.applications
3. Begin reviewing Part B applications
from first group of applicants
and call in those for second
group
X X
X X
X X
X
—Ongoing-
X-X
X-X
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OSWER DIRECTIVE #9494.00-1
(cont'd)
SCHEDULE FOR IMPLEMENTATION ACTIVITIES a/
DURATION
1987 198E
J
U
ACTIVITIES L
A
U
X x
X X
X X
a./ Target dates assume that the rule is promulgated in March 1988.
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