PART 270 SUBPART B - PERMIT APPLICATION
DOC: 9523.06(84)
Key Words: Trial Burn, Incineration
Regulations: 40 CFR 270.19(c)(d)
Subject: Permit Policy Question and Answer Quarterly Report:
Trial Burn '
Addressee: Regional Hazardous Waste Management Directors, Regions I-X
Originator: Bruce Weddle, Director, Permits and State Program Branch
Source Doc: See Miscellaneous [9560.09(84) Trial Burns Question #1]
Date:
Summary:
9-10-84
RCRA permits have not been issued for incineration on the basis of data
obtained from other incinerators in lieu of a trial burn [§270.19(c)(d)]. For
such data to be acceptable, the incinerators and the wastes must be sufficiently
similar so that the permit writer can establish incinerator operating conditions
for the second incinerator without the benefit of a trial burn.
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is ertective, Eijrt can issue permits for these technologies.
The RA can, however, issue a 90 day emergency pernit for activities
not covered by Part 264 technical standards, such as open burning,
if he finds that an imminent and substantial endangernent to
human health and the environment exists.
(2.) No, The permit issued by the State for the new process
is not a HCRA pernit. The State's authority under final author-
ization only extends to the portion of its program which RPA haa
found to be equivalent and has, therefore, authorized to operate
in lieu of the federal program. The State's program in regard
to the new process cannot be considered a RCRA program until (A)
EPA has issued standards in that area, and (R) the State's program
has been explicitly authorised in that area. The facility nust
wait to begin construction of its new process until EPA promulgates
standards and a RCRA permit (or permit modification) is issued.
5. Question: Can an applicant submit information along with
his Part B, for potential expansions to his facility and obtain
a permit for those expansions when he has no definite expansion
date. 40 CFR 270.10(f).
Answer: Yos. Thu applicant, however, nu.st submit inforrmticn
at the sane level of detail as if construction were to begin
immediately upon receipt of a RCRA permit or at a later date,
consistent with a schedule of compliance specified in the permit.
The Part B application roust be in such detail that the permit
writer can draft an enforceable permit and so that there can be
meaningful public participation and review of the proposed facility
and pernit conditions* In other words, he must fully satisfy
all the information requirements of a Part B application and
the Part 264 standards for a new facility. This is .difficult to
do in the absence of specific plans. In addition, when the
applicant does finally decide to undertake the expansion, he
must conform exactly to the plans and specifications contained
in the permit. Applicants without firm expansion plans should
be encouraged to restrict their permit application to the existing
facility and to request a major modification when the expansion
plrtns and schedule are definite. The applicant, however, should
be warned that a major modification of this nature could, in
effect, constitute a new application. The applicant should also
be advised of any relevant regulations regarding the procedures
for expanding the capacity of a permitted facility.
Trial
1. Ouestiont Has the Agency issuer! any «CRA permits for incinera-
tion on the has is of ciat* sufcnittor1 in lieu of o trial burn? ^C
CFR 27(.-.19(c) anri (d).
Answer: The Agency has nor yot issued any PCPA incineration
permits on the basin of data oDtained from other incinerators in
lieu of a trial burn. In order tor data submitted in lieu of a
trial burn to he acceptable, the incinerators and th*» wastes must-
be sufficiently similar so that the r>«=rrit writer e*n
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establish incinerator operating conditions for the second incinerat^
without the benefit of a trial burn.
General Standards
1. Question: For a new facility, can information for the contingency
plan, such as arrangements with local authorities, be subnitted
at a date later than submission of the rest of the Part B? 40 CFR
Subpart D, S270.14(b)(7).
Answeri Ho, If the applicant has done enough planning to support
obtaining a HCRA permit, he should have sufficient information to
attempt to make arrangements with local authorities and draft an
adequate contingency plan. Only those arrangements agreed to by
local authorities need to be described in the contingency plan.
If the applicant's efforts were unsuccessful, these nust be
documented separately, according to §162,37(b), and, in this case,
the contingency plan does not need to address arrangements with
local authorities. Also, under $264.51(d), infomation regarding
the specific energency coordinators nay be subnitted after the
time of application.
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