&EPA
             United States
             Environmental Protection
             Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER:

TITLE:
9524.01(85)
                   .Future Permitting or incinerators .Burning Non-
                   hazardous' Waste'
              APPROVAL DATE: • 8"1'85

              EFFECTIVE DATE:: 8"1"85
              ORIGINATING OFFICE:

              0 FINAL

              D DRAFT

               STATUS



              REFERENCElother documents):
                            Officev.bfVSplid Waste
  OSWER      OSWER     OSWER
fE   DIRECTIVE    DIRECTIVE   Di

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 PART 270  SUBPART C - PERMIT CONDITIONS
                                                DOC:   9524.01(85)
 Key Words:    Incineration, RCRA Permits, Thermal Treatment

 Regulations:

 Subject':    "  Future Permitting of Incinerators Burning Non-Hazardous Waste

 Addressee:    Thomas M. Hellman, Manager, Health, Safety and Environmental
              Protection, General Electric, Fairfield, Connecticut 06431

 Originator:   John Skinner, Director, Office of Solid Waste

 Source Doc:   #9524.01(85)
Date:
Summary:
8-1-85
     The. letter, addresses the question of whether an incineration facility
which is intended to burn non-hazardous waste and/or hazardous trastes banned .
from land disposal, but is overdesigned to meet RCRA requirements, can secure a
RCRA permit in the future.

     If an- incinerator, is constructed to burn only solid wastes, and those
wastes are listed as hazardous wastes in the future, the facility would be
eligible to recieve a RCRA permit, provided that all permtting requirements
are met.  The facility would need to comply with any additional standards
applicable; to .that, treatment .process which have been adopted subsequent to the
construction of the incinerator.

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                                                               9524.01 (85)
                             AUS   11986
  Mr.  Thomas  H. Hellman,  Ph.D.
•  Manager-: --'••• .  .-.•....•   •-,  ,-••• •-•.  .-. - • •. - •-. .- •. •••••-• •-.•• •  • •
  Health,  Safety and Environmental Protection
  General  electric
  Pairfield,  Connecticut   06431

  Dear Dr.  Bailment

       Thank you for your letter of  June 13 regarding RCXA
  incinerator permits.  Specifically,  you inquired as to whether
  an Incineration facility which ia  intended to burn non-hazardoua
  waste and/or hazardous  wastes banned from land diaposal, but  ia
  overdeeigned to meet RCRA requirements, can secure a  RCBA permit
  at a  future time.

      RCBA Section 3005(a) and 40 CFR 270.10 prohibit  physical
  construction of a hazardous waste  management facility without a
  ROu\ permit.  When applying this requirement, the intent of  the
  owner in constructing the facility is the primary factor of
  consideration.  A permit is required prior to construction  if- the
  owner intends for the facility to  handle non-razardous waste  for
  a period of time, and then apply for a permit to handle hazardoua
 waste (including hazardous waste banned from land diapoaal}  at a
  later date.  If the facility ia intended to burn only solid  non-
 hasardous wastes, a permit prior to  construction is not required.

      If an incinerator  is constructed with the intention of  burning
 only solid wastes, and  those wastes  are listed as hazardous  wastes
 sometime in the future, the facility would be eligible to receive
 a permit provided that  all permitting requirements are net.  .Such
 a facility would have to comply with any additional standards appli-
 cable to that treatment process which have been  adopted suosequent
 to the constraction of  the incinerator.

      RCSA allows an exemption from the requirement to have  a
 permit priovts) construction for facilities constructed pursuant
 to an approval issued under aection  6(e) of the  Toxic Substances
•Control Act for the incineration of  polychlorinated biphenyla.
 Any person owning or operating auch  a facility nay file an  appli-
 cation for a RCRA permit to incinerate hazardous wastes after
 construction or operation of that  facility.

      We endorse your decision to seek environmentally sound
 alternatives to land disposal in your hazardoua  waste management
 strategies.   In regard to this iasue, I alao recommend that  you

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                             -2-
contact the State HCBA  permitting  agency  since  Connecticut is
authorized teviavue; ftCXA  incinerator  permits.   For  further
inf onatio»»4 pleas* contact t
           . r^j^-.,
            .jfrt^r Stephen Bitehcock
                Hazardous Material Hanag«aent  Dnit
                Department of  Environment*!  Protection
                State Office Building
                liSCapitol Building
                Hartford, Connecticut  16106

      If we can be of further  «asistanc«,  plaaee  contact
Art Glaxer of my ataff  at (202)382-4692.

                               Sincerely yours,
                              John Skinner
                              Director
                              Office of  Solid  Weete
ocs Stephen Hitehcocft, Connecticut
    Oennia luebnerf legion I

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                              JUL I   1965
Mr. Thomas M. Hellman, Ph.D.         X
Manager
Health, Safety and Environmental Protection
General Electric
Fairfield, Connecticut  06431

Dear Dr. Hellman:

     ThanJc you for your letter of June 13 regarding RCRA
incinerator permits.  Specifically, you inquired as to whether
an incineration facility, intended to burn non-hazardous
waste but overdesignad to meet RCRA requirements, can secure
a RCRA penait at a future time.

     A RCRA permit can be issued in the future to an incinerator
that was previously constructed- to meet RCRA hazardous vaste
standards.  However, such a facility would also have—to-com-
ply with any additional standards applicable to that treatment
process which have been adopted in the interim.

     We heartily endorse your decision to seek long-range,
environmentally sound solutions in.your hazardous, waste
managejBent strategies. ; I recommend that you also contact
the State RCRA permitting agencies on this issue since
many States are authorized to issue RCRA,permits in lieu
of EPA.  If EPA can be of further assistance, please
contact. Art: Glazer of ay staff at  (202)382-4692..

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