v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: :9560a2-85
TITLE: ."Clarification" of "Points Raised at' an' EPA ~ Symposium
~HSWA
APPROVAL DATE: 07/10/85
EFFECTIVE DATE: 07/10/85
ORIGINATING OFFICE: osw
0 FINAL
D DRAFT
approval
REFERENCE (otherdocuments):
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headquarters
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
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MISCELLANEOUS
DOC: 9560.12(85)
Key Words: HSWA, Incineracion,
^Regulations:
Subject:
Addressee:
Clarification of Points Raised at an EPA Symposium on RCRA and HSWA
Larry Penberthy, Penberthy Electromelt International, Inc.,
631 South 96th Street, Seattle, Washington 90101
Originator: John H. Skinner, Director, Office of solid Waste
Source Doc: #9560.12(85)
Date:
Summary:
7-10-85
The letter clarifies the following question raised at a recent EPA Symposium
on RCRA and HSWA:
- RCRA does not regulate production process changes. It regulates treatment
of waste streams." therefore, the use of an electric glass furnace to
detoxity hazardous waste on a manufacturer's site is subject to RCRA and
will require an incinerator permit.
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' 9560.12 (35)
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-\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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. WASHINGTON, D.C. 20460 *
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SOLID WASTE AND EMERGENCY RESPONSE
Mr. Larry Penberthy
Penberthy Electromelt International, Inc.
63.1 South 96th Street
Seattle, Washington 98101
Dear Mr. Penberthy:
Thank you for your letter of May 6, 1985, which requests
clarification on several points I made at the recent EPA Symposium
regarding the Resource Conservation and Recovery Act (RCRA) and
the Hazardous and Solid Waste Amendments of 1984 (HSWA).
First, the Environmental Protection Agency (EPA) will not
exercise jurisdiction over in-plant production process modifica-
tions .that result in less waste or less toxic waste. Modifica-
tions to the product manufacturing process are not within the
purview of RCRA. A device that treats a waste stream in order
to detoxify it or reduce its volume, however, is clearly within
the authority of RCRA. In other words, production process changes
are not regulated under RCRA; treatment of a waste stream is
regulated under RCRA.
Secondly,, let me address your device specifically. I
understand that, you have had numerous discussions with David
Sussman of my staff and individuals in our Office of Research
and Development. It is also my understanding that they have
explained to you that we consider your device to be an incinerator,
If it burns hazardous waste, it is subject to the RCRA incinerator
standards. The use of -your electric glass furnace to detoxify
hazardous waste on a manufacturer's site is subject to RCRA and
will require a permit as an incinerator. The permitting process
is rigorous but protection of the public's health from improper
hazardous waste management warrants this care.
Let me also address the other points in your letter.
The Hazardous and Solid Waste Amendments establish as national
policy the minimization of hazardous waste. The legislation
requires waste minimization considerations to be addressed in
RCRA transport manifests, generator reports, and permits. In
addition, the Amendments require that a "Report to Congress" be
submitted by EPA by October 1, 1986, assessing the feasibility
and desirability of establishing waste minimization regulations.
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Senate Report No. 284, 98th Congress, 1st Cession 66 (1983),
articulates Congress1 intent with regard to the waste minimiza- »'
tion requirements in the HSWA. As this legislative history states,-
both minimization requirements for the manifest and biennial report
refer to a certification by the generator that a program is in
place to reduce the volume or quantity and toxicity of hazardous
waste to the degree determined by the generator to be economically
practicable. While the requirement to..make- this certification is
mandatory, the determination of what waste minimization practices
are economically practicable are to be made by the generator. The
legislative history makes clear that Congress1 objective in enacting
the requirement of waste minimization certification is to encourage
generators of hazardous waste to voluntarily reduce the quantity
and toxicity of waste generated. Thus, from an enforcement per-
spective, the Agency will focus efforts on ensuring that generators
have implemented waste minimization programs and are.complying
with the certification requirements.
With the passage of the HSWA, EPA will shortly be implementing
a program to prohibit certain hazardous wastes from being land
disposed. These restrictions from land disposal are designed f
to protect human health and the environment and should provide
incentives for the development of alternative waste treatment
technologies, both on-site and off-site. In addition, EPA is
currently conducting a series of technical studies that will
evaluate the availability of alternative treatment capacity and
what additional incentives or disincentives could be implemented
to insure that adequate treatment capacity will be available for
generated wastes. I encourage you to suggest approaches that
might be beneficial to insure that treatment capacity will continue
to be available to industry. Please contact Penelope Hansen,
Chief of the Waste Treatment Branch at (202) 382-7917, with any
ideas you might have.
As you mentioned, the HSWA also requires that all interim
status landfills and surface impoundments submit a Part B permit
application to the -EPA and certify compliance with the groundwater
monitoring and financial responsibility provisions (subsections of
Part 265) by November 8, 1985. Unfortunately, the Agency cannot
totally predict the effect these provisions will have on the regu-
lated community. Although these measures may result in the closure
of a significant number of landfills and surface impoundments, the
Agency and the regulatory community will continue to work within
the statutory constraints in order to protect human health and
the environment. In the case of extensive landfill and surface
impoundment closures, there will be a substantial decrease in
capacity which will be considered in the effective dates imposed
by hazardous waste land disposal restrictions.
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Thank you for your interest in the RCRA hazardous waste
program. If you should have any further questions, please feel
free to contact the appropriate members of my staff.
Sincerely,
John H. Skinner
Director
Office of Solid Waste (WH-562)
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