&EPA
              United States
              Environmental Protection
              Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER: 9527.01(82)
              TITLE:
    RCRA. Permits, for.Mobile Treatment; Units and Mul-
    'tiple;'Sites,.Using., the Same" Type, of: Equipment
                          11-2-82

                          11-2-82

                            Office of Solid Waste
APPROVAL DATE

EFFECTIVE DATE

ORIGINATING OFFICE:

0 FINAL

D DRAFT

 STATUS:



REFERENCE (other documents):
  OS WER     OS WER      OS WER
/£   DIRECTIVE   DIRECTIVE   Di

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PART  270  SUBPART F - SPECIAL FORMS OF  PERMITS                 DOC:  9527.01(82)


Key Words:     Incineration

Regulations:   40 CFR Part 270

Subject:       RCRA Permits for Mobile Treatment Units and Multiple Sites
               Using the Same Type of Equipment

Addressee:  .   Regional .Administrators..and .Regional Waste Management
               Directors, Regions I-X

Originator:    Rita M. Lavelle, Assistant Administrator, Office of
               Solid Waste and Emergency Response (WH-562A)

Source Doc:    #9527.01(82)

Date:          11-2-82

Summary:

      If a mobile unit- is used at more than one site to handle  a similar or
identical waste, a RCRA permit is required at each location.

      After non site-specific permit conditions have been developed for the
first RCRA permit, these same permit conditions should be used for all subse-
quent permits.  This should assure national consistency for permits issued  to
facilities using t.he- same.-or similar equipment and should expedite the issuance
of permits.          '    .  ....

     An applicant must apply for and be issued a RCRA permit at the first site.
The application for the permit at the next site should consist of the non
site—specific information :from the first application, a copy of the first
permit, and the site-specific information for the new location (including any
variations).^ -The permit writer- should: use.,the non site-specific permit condi-
tions from the first permit as conditions in the second permit.  The permit
writer should only draft new permit conditions' for the site-specific items.

     Previous responses to comments for the earlier permits can also be used  to
respond to comments on subsequent permits so long as they are  similar and
concern non-site-specific issues..  If a new issue is raised,  however, the
Regional Administrator must respond to the comment before the  permit may be
issued.

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 .<..' i'".

-*" ^"'-
               UNITED STATES-ENVIRONMENTAL

                          WASHINGTON, O.C.
                           NOV
                                    2 IS82
SUBJECTS
FRO*
TOr
             RCSA Fferntlts: for- Mobile Treat:
             Using the, Same Type of Equipment
             Rita- »„ Lave II e•'//• (^T
             Assistant- Administrator
             Office of Solid Waste; and Emergency Response  (WH-562A)

             Regional Administrators and Regional Waste
             Management Directors, Regions 1-X.
           you know,, a RCRA permit is required for each  site  at
   which, hazardous waste- treatment, storage or disposal  facilities
   (TSDPs)  operate,  rf the TSDF is- mobile or if the-  same  type of
   equipment C'g.g;. / a tank of identical design) is used  at more
   'than one .site to. handle a. similar or identical waste, a RCRA
   permit is still required at each Location.  The purpose of this
   memorandum " LS "to establish the policy the Agency will use  to
   permit mobile- treatment units (MTU's) and ta permit fixed  facilities
   where s person: uses, the sane type of equipment to  handle similar1
   or- -identical wastes* •atMTOltiple? locations. •

   •••;••' -A-- person-: 'applying -to' use- the- same/ type of equipment at
   multiple locations «ill find that much 'of the information  in  the
   permit application for the first location will not change  for
   the other locations because' the information is not" site-specific.
   sennit writers should' note that after the non-site-specific
   pernit conditions have been developed for the first RCRA permit,
   these permit conditions should be used foe all subsequent  permits.
   while not. changing any procedures for obtaining a  RCRA  pernitr
   this policy will assure national consistency for permits issued
   to facilities: using the same or., similar equipment  and should
   expedite the issuance of .RC3S perrits, without compromising environ—
   "rental con-trals-.

        The procedures arr applicant and permit writer should  use to-
   deal with MTU" permits or same-type-equipment permits  are as  follows:
   An applicant must apply for and be issued a RCRA permit at the
   first site.   It is the responsibility of the applicant  to  notify
   the permit writer of the first RCRA permit.  The application  for
   the permit at the next site should consist of the  non-site-specific
   information from- the first application, a copy of  the first

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                                -2-
 permitr and the site-specific in format-ion, for- the new Location.
 This aits— specific information must, include any variation in the
 equipment or wastes fronr those permitted at the first site.  The •  -
. permit:.. writer. should use- the  non-site— specific permit conditions
 fronr 'this 'first permit  Cta the extent 'that variations in equipment
 and: wastes  do  act require, otherwise] as  conditions; in the; second.
 permit and  draft new. permit concf f tionst  for the site- specific
 items, only.

      The Agency can. also rely ore. previous responses to, comments
 for comments dealing- with non-site— specific permit conditions
 received" ia a  second (or subsequent)- proceeding if the same or
 similar comments were  raised  on. an. earlier* permit.  Response ta
 public comment concerning aaa— site— specific issues should, be as
 follows: If a comment is similar  to. a comment raised in, an
 earlier permit issuance proceeding, any  response should be the
 same as: that given in  the first proceeding.  If, however, a'
 significant, comment addresses- an issue differently than it was
 addressed, in the first proceeding,  or a  significant comment raises _
 air issue oat: addressed: irr. the .first proceeding, ther Regional
 Administrator  anist,  of course r respond ta that comment before
 the. permit  may be issued..      .

      The, reuse of; part of. the tnir:i^.I. permit application- and the-
          permit conditions wi_LL allow EPA- to streamline the
                                               for multiple faO|tlitie
 that use the- same type of equipment 'to handle similar or identical
 wastes-'-/ This-' policy- ia". likely -to" be.' first applied to. SPA's
 mobile incinerator which  is currently being permitted in Region II
            discussed: this approach  with; Or".  John A.' Tbdhunter,
Assistant Administrator, for Pesticides  and Toric Substances, and he
has indicated that it is. consistant  with, and  similar to- the approach
his office will use to 'permit mobile facilities disposing of PCB's.

     Zoarnore information cr guidance on the  policy outlined in
this memorandum,, contact. Jeff EJetlefsen,  of my staff, at EPA.
Headquarters^ 202—382-4300.

  •s Dr.  Jona A. Todhunter

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