&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 ------- 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. ------- 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 ------- -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 ------- 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.. ------- |