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

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                 STATUS:     [ ' ]  B- Pending AA-OSWER approval
                            [  ]  C- For review &/or comment
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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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                                 -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

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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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