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 [ ] A- Pending OMB approval STATUS: [ ' ] B- Pending AA-OSWER approval [ ] C- For review &/or comment ••.<•[ ] D- In development or circulatir ______-,_>i^, .-^—_j — ^_\. •••-.- headquarters REFERENCE (other documents]: OSWER OSWER OSWER /£ DIRECTIVE DIRECTIVE Di ------- 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 ------- e mm ^ ussy 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). ------- -2- 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 ------- 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". ------- * 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) ------- |