United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
v>EPA
DIRECTIVE NUMBER:
TITLE:
9522.01(82)
Definition of "Major" Hazardous Waste Generators,
Transporters, and Facilities (P1G-82-2))
APPROVAL DATE: 5-14-82
EFFECTIVE DATE: 5'14-82
ORIGINATING OFFICE: • office of Solid Waste
0 FINAL
D DRAFT
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STATUS: [ ' ] B- Pending AA-OSWER approval
[ ] C- For review &/or comment
••.<•[ ] D- In development or circulatir
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REFERENCE (other documents]:
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PART 270 SUBPART'A - GENERAL INFORMATION DOC: 9522.01(82)
Key Words: " Major Handlers
Regulations: 40 CFR 270.2; 270.5 (a)and(c); 271.8(d);271.I26(b)and(c);
124.8(a)
Subject: Definition of "Major" Hazardous Waste Generators,
Transporters, and Facilities (P1G-82-2)
Addressee: Program Implementation Guidance Addressees
Originator: Rita M. Lavelle, Assistant Administrator for Solid Waste
Source Doc: #9522.01(82)
Date: 5-14-82
Summary:
Certain hazardous waste handlers are required by 40 CFR 270 and 271 to be
designated as "majors." The following hazardous waste handling activities are
designated as "major":
1) Land disposal activities (except those which the state and EPA have
determined, on the basis of the criteria listed below, should not be
so designated).
2) Incinerators (except those which the state and EPA have determined on
the basis of the criteria below, should not be so designated).
3) Selected remaining storage and treatment facilities, and transporters
and generators based on the criteria listed below.
It is expected that approximately 10% of the facilities in each state
should be designated as "major."
This definition is to be applied for Phase I and II implementation, budget
decisions, enforcement actions, reporting requirements, and permitting purposes
Upon the availability of more data this definition will be refined. This memo
further expounds on the purpose and policy of RCRA's definition of "major"
handlers of hazardous waste and lists in detail the five main criteria for
determining "major" hazardous waste generators, transporters, and facilities:
a) Type of Operation
b) History / Record of Noncompliance
c) Size of Operation
d) Type of Waste
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
May 14, 1982
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM PIG-82-2
SUBJECT: Definition of "Major" Hazardous Waste Generators,
Transporters, and Facilities
PROM: Rita M. Lavelle _
Assistant Administrator for
Solid Waste and Emergency Response (WH-562-A)
TO: Program Implementation Guidance Addressees
ISSUE
What definition will provide consistency in the designation
of "major" hazardous waste handlers by EPA and authorized States?
DISCUSSION
Compliance with the Consolidated Permit Regulations (40 CFR
Parts 122 and 1 23 )" requires certain hazardous waste handlers to
be designated as "majors." The purpose of this designation is to
identify environmentally significant hazardous waste handlers;
concentrating inspection, permitting and reporting resources on
those handlers.
The generic definition of a "major" handler of hazardous waste
has been developed in response to guidance requests from several
Regional offices and the Administrator' s_ request. that- Headquarters- --
provide such guidance.' This definition, based on the information
currently available to the Agency including our experience to
date with imminent hazard and Superfund sites, is a first step in
providing a uniform, nationally consistent standard to identify
those activities which pose the greatest risk of harm to human
health and the environment. As more data becomes available, we
will work to further refine the definition accordingly.' This
definition is to be used for Phase I and Phase II implementation,
budget decisions, enforcement actions, reporting requirements, and
permitting purposes. In the case of non-authorized States, the
definition Is to be used by the Region in designating major handlers
The application of a generic definition of major handlers
will resolve any inconsistencies of previous guidance and provide
a comprehensive definition for the future designation of major
hazardous waste handlers. The flexibility of the proposed
definition also balances the need for State autonomy and the EPA
oversight responsibilities under RCRA 3006(c).
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DECISION-
The following hazardous waste handling acti- ities are to be
designated "major":
1) land disposal activities (except those which the State and
EPA have determined, on the basis of the attached criteria, should
not be so designated); «
2) incinerators (except those which the State and EPA have
determined, on the basis of the attached criteria, should not be
so designated); and,
3) selected remaining storage and treatment facilities, and
transporters and generators based on the attached criteria.
It is expected that approximately 10% of the facilities in
each state should be designated as "major." It is not reasonable
that there be no "majors" in any one state, nor is it acceptable
that substantially more than 10% be so designated in any one
state.
Attachment
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SUGGESTED CRITERIA FOR SELECTION OF "MAJOR"
FACILITIES, TRANSPORTERS AND GENERATORS
Type of Operation
a) method
- disposal;
- incineration;
- storage;
- generators;
- transporters
b) probability of mismanagement and risk
History/Record of Nbncompliance ^
a) extent of existing contamination;
b) individual compliance history;
c) past or pending enforcement actions under 'RCRA or
other environmental statutes;
d") discrepancy in reporting;-
e) inspection reports;
f) incidence reports;
g) public complaints;
h) industry compliance history;
i) corporate compliance history
* Size of Operation
a) volume of wastes handled;
b) number of wastes types handled;
c). ...facility-design capacity
Type of Waste
a) toxic;
b) ignitable;
c) reactive;
d) corrosive;
' e) inorganic
-The data base on compliance histories of hazardous waste handlers
is currently limited but will increase over time. The factors
listed are not rank-ordered and can be considered equally in
selecting handlers to be designated "majors".
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* Location
a) geographic service area, (i.e., number of States
traveled through by transporters.) ;
b) surrounding land use;
c) proximity to sensitve resources
"(e.g., high water table)
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