oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9525.01(82)
TITLE: Proposed Mechanism for Handling Mobile Treatment
Units
APPROVAL DATE: 1-29-82
EFFECTIVE DATE: 1-29-82
ORIGINATING OFFICE: office of solid waste
m FINAL
D DRAFT
STATUS:
: A- Pending OMB approval
B- Pending AA-OSWER approval
! C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (other document*): headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 270 SUBPART D - CHANGES TO PERMITS
DOC: 9525.01(82)
Key Words: Incineration
Regulations: 40 CFR 270.70, 270.41, 270.42, 264.1(g)(8)
Subject: Proposed Mechanism for Handling Mobile Treatment Units
Addressee: Howard Zeller, Acting Director, Enforcement Division,
Region IV
Originator: John H. Skinner, Director, State Programs and Resource
Recovery Division (WH-563)
Source Doc:
Date:
Summary:
#9525.01(82)
1-29-82
Mobile treatment units alone cannot receive permits, but must be permitted
for use at a particular location because RCRA permits are site specific.
An approach is set forth enabling mobile treatment units to operate within
the scope of the RCRA permit program for the following situations:
1. Non-emergency situations at sites with interim status;
2. Non-emergency situations at sites with RCRA permits;
3. Non-emergency situations at sites which do not have interim
status or RCRA permits; and
4. Emergency situations.
For a more complete discussion of these situations, please refer to the
original memorandum.
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9525.01 (i
JAN 291982
J5UPJFCT-; Proposed Mechanism for Handling Mobile Trsetreent Units
F'OM* John P. SVinner
Director, State Programs
and Pesource Pecovery Division (v*p-5€3)
TCr Howard Seller
Acting Director
Enforcement Division, P.cKiicn IV
0
Thia is in response to your meirorandum of September 25, 1921,
request1' na concurrence with your proposed mechanism to handle
mobile treatment facilities.
We agree with Eeoion I V s interpretation of the regulations,
that interim status and PCPA permits are site specific and there-
fore, mobile treatment units alone cannot receive permits (or
interim status) but must be permitted (or receive interim status)
for use at a particular location. We have written at least one
letter to that effect. (See letter from John STcinner to Timothy
Vanderver of Chemfir Technologies, Inc. dated June 2, 1?P1, gent
to the Regions on that date).
The following aporoaoh, which is scnewh at similar to tjie cr»
suggested In your memorandum, will enable mobile trrat? within, the seep* of the PCPA nrrcrfiw. TV-»S approach
has b«»cn developed a^ter meeting wi^h SOVJM-S* mobile troatment
companies. V-> he^>*» r'iv'ded the i»»»rroach into the following four
'!) Wen-erne rg«ncy situations at a site which has
interim status-
(2) Non-emergency situations at ? site which has
a PCPA permit (e.g., periodic use of mobile
treatment units during the operating li Ft* of
the facility, use ft closure)
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(3) Non-emergency situations at a site which does
-not have interim status or '-a RCFA permit (e.g. ,
remedial actions at inactive sites);
(4) Emergency situations (e.g., spills, emergency
response).
(I) Non-emergency situations at a site which has interim status
This approach would enable a mobile treatment unit to operate
during interim status under one 6f three alternatives. (Alternative
(c) will be proposed soon as an amendment to 40 C.P.R. §122.23,
Changes during interim status).
(a) An interim status facility which intended to use mobile
treatment equipment, but did not include it in the original Part A
permit application, may amend its Part A application to include the
mobile treatment process. The Agency would treat these facilities
as it would any facility which submitted an incomplete Part A permit
application. The only requirement is that the equipment must have
been in existence on or before November 19, 1980,1 and the facility
must have qualified for interim status.
(b) Mobile treatment nay be added to a facility as a new process
or an increase in the design capacity of an existing process under
the allowable changes during interim status, 40 C.F.R. 5122.23(c)(2)
or (c)(3). Under these sections, a mobile treatment unit may be
added to a facility if it is necessary either to prevent a threat to
human health and the environment because of an emergency situation;
to comply with Federal regulations or state and local laws? or because
of a lack of available treatment, storage, or disposal capacity at
other facilities. It should be noted, however that these sections
will change with the amendment to $122.23.
(c) The proposed amendments to 122.23(c) will include a section
which will allow interim status facilities to add tanks and containers
used for the treatment or storage of hazardous waste. Such tanks and
containers may- be added for. any reason, whether or not the facility
!/ Because mobile treatment units are unique in that they are used
Intermittently at different sites, they will be considered in exist-
ence if they were operating at any site on or about November 19, 1980.
Normally, a unit would have tp be operating on or about November 19,
1980, at a site which qualified for interim status to be considered
in existence.
^" f* *"*
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previously had tanks or containers, or a.ny treatment or storage
process. The facility must have quail fi;ed for interim status, how-
ever. This amendment, if promulgated as proposed, will enable most
interim status facilities to add mobile treatment done in tanks or
containers to their facilities.
(2) Non-emergency situations at a site which has a PCPA permit
A mobile treatment unit may be added to a permitted facility
under §122.15 as a permit modification. Section 122.15(a)(l)
allows a permit to be modified, or revoked end reissued when sub-
stantial alterations or additions to the permitted facility or
activity occur
We will be proposing amendments to §122.17 which, in some
limited circumstances, may allow the addition of mobile treatment
units to be consider*** minor modifications to a facility.
(3) ETon-Rmergency situations at a site which does not have
interim status or * PCPA permit
Our approach is to require a permit before a mobile treatment
operator may begin operation at a non-emergency site which does not
have interim status or a PCPA permit. In most situations where the
mobile treatment company is handling t* ccn-
sider^d both c-wner (o^ th*» equiprr^nt:) end curator, and imi«t roply
for a permit. If there is another owner involve as well, e.a.,
owner of the land, that owner may also havo to sign the permit
app]ication.
(4) Emergency Situations
There are two emergency mechanisms already in place in the PCRA
regulations. First, storage or treatment done in immediate response
to a spr11 of hazardous waste may cccnr without first obtaining a RCPA
permit". (S^e 40 CFT *264.1 (g) (8), 45 PP 76630, November 19, 1990).
Secorr?, there is a provision *or an emergency permit in 40 CFP
§122.27. This is* a temporary permit to be used in the event that
treatment, storage, or^ disposal of hazardous waste must take place
due to an emergency situation.
Your concept of a generic permit would allow the mobile
treatment operation itself to obtain a permit, and then require
public nctic«» before the mobile treatment operation is used at
each individual site. The concept is obviously a departure from
the present RCPA scheme of aite specific permits. We will lock
into this suggestion ^urther. In the meantime, the approach
described in this met^orandum must be used.
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would appreciate any consents you have on our approach to
handling mobile treatment units. If you have further emotions or
comments, pl«eae contact Pehorsh Wo]p«» at (202) 755-9107.
cc: Directors, Air & Hazardous Materials Division, Regions I, TII-X
Director, Water Division, Pecicn II
Janes Bunting-^
Martha ProthroN
Dotz Darrah
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