oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9560.15-85
TITIP- Waste Minimization: f'Permit Certification and Joint
Permitting
APPROVAL DATE: 09/n/85
EFFECTIVE DATE: 09/11 /ss
ORIGINATING OFFICE:OSW
D FINAL
D DRAFT
STATUS.
REFERENCE (other document*)
[ ] A- Pending OMB approval
B- Pending AA-OSWER approval
! ; C- For review &/or comment
[ ] D- In development or circulatinj
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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MISCELLANEOUS
DOC: 9560.15(85)
Key Words: Waste Minimization, Joint Permitting, HSWA, RCRA Permits
Regulations: HSWA3005(h), 264.73(b) '"':
Subject: Waste Minimization: Permit Certification and Joint Permitting
Hazardous Waste Division Directors, Regions I-X
Addressee:
Originator:
Source Doc.:
Date:
Summary:
Bruce R. Weddle, Director, Permits and State Program
Division
#9560.15(85)
9-11-85
The memo provides guidance to permit writers for incorporating the HSWA
3005(h) waste minimization certification requirement into RCRA permits. It
also describes the procedures States should follow to issue RCRA permits when
the only applicable HSWA requirement is the waste minimization certification.
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9560.15 (85)
HP 1 1
MEMORANDUM §
T
SUBJECT: Waste Minimization* Permit Certification £
and Joint Permitting £
>
FROM: Bruce R. Weddle, Director ^o
Permits and State Programs Division (WH-563) g
M
TO i Hazardous Waste Division Directors ^
Regions I-X £
cr
•*
03
The purpose of this memorandum is to provide guidance to ^
permit writers for incorporating the $3005(h) waste minimiza- &
tion certification requirement of the Hazardous and Solid u>
Waste Amendments of 1984 (HSWA or the Amendments) into RCRA £
permits. It is also intended to clarify joint permitting ^
of this requirement. Waste minimization has a unique effect to
on the joint permitting process which was described in RCRA £
Statutory Interpretation (RSI) #5 dated July 1, 1985, because £,
it does not mandate any technical efforts or substantive ^
judgments . \
CD
Permit Certification
- o
RCRA $3005(h), as amended by HSWA §224, requires that all . »
RCRA permits for on-site treatment, storage or disposal issued
after September 1, 1985, include a condition requiring the ^
permittee to certify in the facility operating record that: H
o The generator of the hazardous waste has a program in M
place to reduce the volume or quantity and toxicity of ^
such waste to the degree determined by the generator »
to be economically practicable; and *
01
o The proposed method of treatment, storage or disposal 03
is that practicable method currently available to the
generator which minimizes the present and future
threat to human health and the environment.
The legislative history of these provisions clearly
indicates that HSWA waste minimization requirements are
not meant to impose a significant new burden to gene-
rators, nor are they meant to form the basis for specific
waste minimization standards or regulations at this
time. Rather, Congress intended that the substantive
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judgment* as to what is "economically practicable" and what is
the most "practicable Method currently available" are to be
nade by the generator in light of hi» or her. own particular
circumstance.*. . .•'-.. .'_.' ." /" . . ,,'.,''
In addition, RCfiA {8002 require* that the Administrator
submit a Report to Congress by October 1, 1986, on the feasi-
bility of establishing standards or talcing other actions to
ensure that hazardous waste "generators are taking steps to
minimize the waste' they produce. ,. ,". ' .
•. . - •*• . . ; • i-
The new waste minimization permit certification
requirements are intended to be an interim measure pending
delivery of the Report to Congress in October, 1986. The
conclusions reached in the Report will in large part
determine whether specific, substantive waste minimization
standards or regulations are necessary or feasible.
Permit Writers' Guidance
The Final Codification Rule published in the Federal
Register on July 15, 1985, added a new provision to §264..73(b)
requiring the permittee to record at least annually a waste
minimization certification statement in the written operating
record kept at the facility. Pursuant to this requirement,
permit writers should incorporate into any on-aite treatment,
storage or disposal permit issued after September 1, 1985, a
condition requiring that a waste minimization certification
statement be included in the facility operating record.
We recommend incorporating this condition into the permit
by adding to Module II(L)(1) (General Facility Conditions,
Recordkeeping and Reporting, Operating Record) the language
"and (9 Con-site only])". The revised model permit condition
will read as followsi
MODULE II—GENERAL FACILITY CONDITIONS
*******
L. Recordkeeping and Reporting
1. Operating Record. The Permittee shall maintain a written
operating record at the facility in accordance with
40 CFR 264.73(a), (b)(l), (2), (3), (4), (5), (6), (7 [off-
site only]), (8), and (9 Con-site only]).
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Joint Permitting
; . " i ".
The joint permitting guidance (RSI 15) states that where
facilities are affected by HSWA, joint Federal-State permits
will be issued for those provisions for which the State has
not yet been authorized. This implies that there are some
facilities that will not be affected by HSWA at all. However,.
the waste minimi ration certification is required for all on- \
site facilities even where no other provisions of the Amendments
apply* This leads to the question of how the waste minimization
requirement will be addressed in permits.
The guidance states that in those cases where permits
are not issued simultaneously (see RSI *5 for those exceptions),
EPA must issue a public notice when it determines the appli-
cability of HSWA. The State-issued permit will become a full
RCRA permit only after EPA issues a permit addressing the
waste minimization requirement and any other applicable HSWA
requirements•
In all other permitting situations, EPA and the State
will issue permits simultaneously. However, when it is
clearly determined that §3005(h) is the only applicable HSWA
requirement, and the State has the authority to impose permit
conditions requiring this certification, EPA does not intend
to issue a separate Federal permit (or offer separate public
notice).
The procedure for implementing this approach is for EPA
to write a generic letter to the State on how to proceed
whenever this, situation occurs. Specifically, the letter
must explain that the State has authority to address §3005(h)
and that the State will use its authority to include this
requirement. This letter will apply to waste minimization only;
where other HSWA requirements are applicable to a particular
facility a joint Federal-State permit must still be issued.
Finally, the letter must explain that EPA always has the
authority to insert additional permit conditions as necessary
to protect human health and the environment. Where information
becomes available to EPA which demonstrates the need for such . •
additional permit conditions, EPA will exercise that authority.^
The State should place a copy of EPA's generic letter in the,
public docket of each facility permit for which this approach is
used. In this way, the public will have access to information
about EPA*s decision. Following these procedures will allow for
States to issue RCRA permits by incorporating the waste
minimization requirements without the need for a separate Federal
permit.
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If you aava questions or raquira farther information .
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P«rmit« branch at fTB 3«a-44t7. .
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Bacardoos Waata PanULta auction Chiafa« Kagioaa Z-Z
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