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DIRECTIVE NUMBER: 9501.02(82)
TITLE: RCRA Land Disposal Permit Strategy
APPROVAL DATE: 12-29-82
EFFECTIVE DATE: 12-29-82
ORIGINATING OFFICE: office of solid waste
Q FINAL
D DRAFT
CTATIIC ^ ^ A~ Pendin§ OMB approval
STATUS: B- Pending AA-OSWER approval
C- For review &/or comment
D- In development or circulating
REFERENCE (other document*): headquarters
'E DIRECTIVE DIRECTIVE D
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PERMITTING PRIORITIES
DOC: 9501.02(82)
This memo provides guidance on selecting facilities for priority attention
in the initial phase of the land disposal permit program. The following list
of priorities should be followed by the Regions in their call—ins:
o Facilities which are known to be sources of ground water or surface
water contamination.
o Facilities which may be causing environmental damage (this includes
facilities which have histories of poor operating practices, prior
enforcement actions, etc. Facilities which have yet to report ground
water monitoring data or for which data is questionable should also
be examined closely).
o Facilities which pose potentially significant environmental risks.
Several other factors should also be taken into account:
o New Submissions(New facilities should receive high priority).
o ‘1ulti—Process Facilities (Incinerators with disposal as well may now
be called).
o Monofills and Neutralization Surface Impoundments should generally be
given lower priority.
o Effects on Competition should be considered.
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Land Disposal, RCRA Permits
40 CFR 270.10, Part 264 Subparts K—N
RCRA Land Disposal Permit Strategy
Regional Hazardous Waste Division Directors
John H. Skinner, Acting Director, Office of Solid Waste
/ 95Ol .02(82)
12—29—82
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MEMORANDUM
SUBJECT: RCRA Land Disposal Permit Strategy
FROM: John H. Skinner, Acting Director
Office of Solid Waste
TO: Regional Hazardous Waste Division Directors
On January 26, 1983, the new Part 264 hazardous waste land
disposal regulations will become effective, and EPA will begin
the process of requesting Part B applications for selected land
disposal facilities. This memorandum is intended to provide
guidance on selecting facilities for priority attention in this
initial phase of the land disposal permit program.
The decisions as to which land disposal facilities will be
permitted first, and why, must be made carefully. Each of these
permit actions will require a considerable investment of the
Agency's permitting resources, and they must therefore be targeted
to achieve maximum environmental benefits. In addition, this
permit program will be highly visible and subject to intense
scrutiny by the public and the regulated community. To assist in
making the initial call-in decisions, we strongly urge that the
states be consulted and actively involved in the selection process.
Some states may already have developed their own land disposal
permit strategies, and these should be accommodated by"the
regions to the extent that they do not conflict with EPA's
objectives.
The primary objective of the RCRA land disposal permit
program must be to maximize the benefits to public health and
the environment. This is consistent with our previous policies
for permitting hazardous waste storage facilities and incinerators.
The following priorities should be assigned by the regions in
assessing Part B call-ins for land disposal facilities:
—Facilities which are known to be sources of groundwater or
surface water contamination. Highest priority should be
given to cases where sole source aquifers and other drinking
water supplies are being endangered. Information regarding
groundwater contamination should be solicited from the
states, and may also be available from interim status
quarterly reports and other sources.
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L LCiOflb
—2--
——Facilities which may be causing environmental damage. This
could include facilities which have histories of poor
operating practices, prior enforcement actions, inadequate
liner systems (where applicable), or inspection reports
indicating improper facility designs or unsafe management
practices. Facilities which have yet to report groundwater
monitoring data, or for which data is questionable should
be examined closely for permit action. Again, primary
emphasis should be on’ protection of valuable aquifers and
other water supplies.
——Facilities which pose potentially significant environmental
risks. Assessment of environmental risks could include
the proximity of the facility to population centers, aquifers
and surface waters, facility size, nature of the wastes
being disposed of, and other environmental factors.
In addition to these primary environmental considerations,
several other factors should be taken into account:
New Submissions . Permit application for new facilities
should continue to receive high priority on the region’s permit-
ting resources.
Multi—Process Facilities . It has been the Agency’s policy
that facilities which contain more than one type of process
should be covered by one compreprehensive permit. As a result,
some high priority incineration facilities have not yet been
called since they are located with land disposal operations.
The regions may wish to target these facilities for the first
round of call—ins.
Monofills and Neutralization Surface Impoundments . As
explained in the preamble to the new Part 264 land disposal
regulations, EPA currently plans to propose adjustments to its
regulatory approach for monofills and neutralization surface
impoundments. Part B’s for these two types of facilities should
therefore be given lower priority for call—in unless there is
evidence that such a facility is causing environmental damage.
Effects on Competition . It is possible that permitting of
a facility or facilities could have some effect on business
competition. This is most likely in a case where a commercial
land disposal facility is required to obtain a RCRA permit while
a nearby competitor is allowed to remain under interim status.
Regions s iould consider effects on competition in formulating
their overall call—in strategies (for example, calling all
commercial landfills in an area at the same time).
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Although the Agency has not yet received 0MB approval to call
Part B’s for existing land disposal facilities, we expect to
receive approval by January 26.
The importance of this permitting effort demands that EPA
begin its implementation as soon as it is legal and practical to
do so. I therefore request that the initial round of call—in
letters be prepared in advance by each region so that they can
be mailed immediately after the regulations become effective.
Subsequent call—ins to fulfill regional target commitments
should be timed so as to balance workload demands.
If there are any questions or comments concerning strategies
for calling land disposal facilities, please contact Steve Levy
at 3b2—4740.
cc: Regional Hazardous Waste Branch Lh ef
S. Napolitano
B. eddle
S. Levy
3. Lehman
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