&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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