St«I«i
or
3EPA
Proi*ct>on
5o>'0
ma
DIRECTIVE NUMBER: 9528.00-1
TITLE: Interim Status Expansion to Add an Incinerator
APPROVAL DATE: November 25, 1987
EFFECTIVE DATE: November 25, 1987
ORIGINATING OFFICE: office of solid waste
0 FINAL
D DRAFT
STATUS:
REFERENCE (other document*):
[ ] A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
[ ] C- For review &/or connnent
[ ] D- In development or circulating
headquarters
n.ewi/rc
'£ DIRECTIVE DIRECTIVE i
-------
ur,rte States vrroruretvac Pr tictioi 4 Cj I rec i r rr q-
8 EPA Washinçlon DC 20460 I
OSWER Directive Initiation Request 9528.00-1
2 Ort na1or Ir ?orrnatton
of C3ntact person Mail Coae Cff ce ecrce t e
Barbara Foster (202) E2- 75i
3 Title
Interim Status Expansion to Add An Incinerator
4 Summary r ireCn e ortel scatemert øi Durpose)
Response to a request from Region 6 for guidance on whether an
incinerator may be added to a facility as a change in inrerirn status
under the authority of 40 CFR 270.72 (c).
5 Ke or s
Incinerator / Interim Status
6a Does This Drecti e 3uoer ece reyious
N ‘1 1 es What thrective (riumOer e,
b Does Jt Supplement Prevtous O irect e(s)’ xxi No E Yes What irectl e (r mber title)
7 Draft Le’ el
A - S r’ed by AA DAA B - Signed by Ot1 ce Dwector C - For Pesiew & Comment fl C - In Oe e4o me .
8. Document to be distributed to States by Headquarters? Yes N C
OSWER OSWER Os
WER 0
VE
DIRECTIVE
DIRECTIVE
DIRECTIVE
-------
-ui .i i .’I± :952 .::—i
d °
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
j WASHINGTON, 0 C Z0460
1 4
‘ 4CE O
SCL’ WASTE . NO EMS GE C ESPo SE
MEMO RAND tJM
STJBJECT: Interim Status Expansion to Add an Incinerator
FROM: Marcia Willians, Director
Office of Solid Waste (WH-562) \
TO: Allyn M. Davis, Director
Hazardous Waste Management Division (6E- [ )
This is in response to your memo of October 22, 1987
regarding a request from U.S. Pollution Control Incorporated
(tJSPCI) to the State of Oklahoma for approval of an interim
status expansion to add an incinerator at its Lone Mountain,
Oklahoma facility. You requested an opinion on the question of
whether an incinerator may be added to a facility as a change in
interim status under the authority of 40 CFR 270.72(c).
Section 270.72(c) allows EPA or an authorized State to
approve the addition of a new unit at an interim status facility
if the change is determined to be necessary to comply with a
Federal, State, or local requirement. On its face, this
provision authorizes the addition-of an incinerator as a change
in interim status; however, section 270.72 allows the Director
to exercise discretion in approving or disapproving changes
under that section. Generally, we have significant concerns
about new incinerators being added as changes in interim status
without the benefits of a trial burn and public participation.
While we do not believe that the Director may be arbitrary in
deciding to approve or disapprove a change in interim status, we
believe that it is important to consider protection of human
health and the environment and the rights of the public, and
that it is generally unwise to allow operation of a new
incinerator without a trial burn and opportunity for public
comment.
As an authorized State, Oklahoma may implement its own
hazardous waste program and interpret its own regulations.
While the State of Oklahoma has the authority under section
270.72(c) to allow addition of this incinerator as a change in
interim status, we believe that the preferable approach would be
to include the proposed incinerator in the ongoing permit
process for USPCI. Since the facility’s permit is scheduled for
issuance in 1988, the incinerator activity could be pursued as
-------
OSNEP POLICY DIRECTIVE 952S.O’D-1
n
a subsequent permit modification. Although the proposed
incinerator would not be subject to the 1989 permittLng
deadline for incinerators, I would recommend that the
Regional Office work closely with the State to establish a
priority for developing the incinerator portion of the
permit.
If you have any questions about this issue, please
contact Frank McAlister (FTS 382-2223) or Barbara Foster
(FTS 382—4751) of the Permits Branch.
-------
-.n...J. JL
,,t it .,
I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
4 REGION V I
ALLiED BANK TOWER AT FOUNTAIN PLACE
1445 ROSS AVENUE
DALLAS. TEXAS 75202
XTOBER 22, 9S7
ME?4DRANDUM
SUBJECT: Interim Status Expansion to P d an Incinerator
FROM: Allyn M. Davis, Director Q1fl t ,’i’iJ
Hazardous Waste Manag nent Division (6H)
TO: Marcia Williams, Director
Off ice of Solid Waste (WH—562)
Attached is a recent request fran U.S. Pollution Control Incorporated
(US I) to the State of Oklahcma for approval of an interim status expansion
to add an incinerator at its Lone Mountain, Oklahana facility. The Cklahana
State Eepartment of ealth (OSDW requested EPA ’s opinion on this issue.
Since this appears to be an issue of national initxirtance and precedence,
Region VT requests your opinion on USPfl’s request, as well as the issue
in general.
uspi wishes to add an incinerator to its Lone Mountain facility as an
expansion under interim status. As stated in the attached argunent, USRI
claims this expansion is necessary to satisfy requtr ents of the land
disposal restrictions. The August 14, 1987, preamble to the proposed
changes to 40 CER 270 appears, to sane extent, to support this position.
Hos aver, such a change would be a drastic departure fran USPCI’s historical
waste disposal practices at the Lone Mountain facility. USECI has never had
an incinerator at the facility, and has not inclided a planned incinerator in
its Part B application. Allowing such an expansion under interim status
would allow EJSPCI to construct and to operate a hazardous ste incinerator
with no permit, no public participation, and no trial burn. In fact, such
an incinerator would not appear to be subject to the 1989 permitting deadline.
(The land disposal permit for is expected to be public noticed in
July 1988 with final determination in the fall of 1988.)
The R lon views this as a vitally important issue, since there are
other ccrrnerclal disposal facilities which would like to avoid the permitting
process by adding interim status incinerators. The Region is not ac are of
any cases in which such an expansion at a catnercial facility has teen approved
in the past.
Your irrnediate attention to this issue is requested since OSOK must
respond to t.EPI soon. If you need further information, please contact me,
or have your staff contact Bill Honker at flS—255—6785.
Attactrent
—
•-‘ C
-------
cr3 :- -— ::
e - :. =
E —
Ob & )L! Y D1 LL11E #952 d.O0—!
Sentenber 22, 1987
Mr. Sam Becker, P.E., Chief
EPA Region VI
1443 Ross Avenue
Dallas, I X 75202—2733
Dear Sam:
•“ :. . .
I- 1i
Attached is an application for a proposed modification at the USPCI Lone
‘ountain facility. I need your assistance in evaluating this proposal.
In reading the cover Letter, the argument offered sounds reasonable.
2 lease advise me of EPA ’s position.
In the interest of responding promptly to this issue, I have taken
liberty of prescheduling a conference call for Thursday, September
3:30 p.m., at which rime I will initiate the call to your office.
time is inconvenient, please let me know.
Thank you for your assistance.
Sincerely,
Robert A. Rabatjne
Programs Manager
Waste Management Service
Joan K Leav,tt. M C
8oar of -fealu,
OKLAHOMA STATE
DEPAI?TMENT OF HEALTH
P .O. BOX 53551
1000 N.E. TENTH
OKLAHOMA cirr OK 73152
the
24 at
If the
RAR/ip
-------
OSWER ?OLICY DI?.ECTIJE 528.OO-L
R LttV
LLUTION
4TROL, INC.
- —-
2:, 19E7
Dr. atn Farley
Chief of Waste ManagerrEnt Ser . ices
Oklahar State Departrerit of Health
P. 0. Box 53551
0klahorr C .ty, Ok1ahc 73152
Subject: Changes Under Interim Status
Incinerator at Lone ountain Facility
Dear Dr. Farley:
U. S. Pollution Control, Inc. requests that the 0k1ahar State
Departr nt of Health approve the revision to the Par: A
application for the Lone t’buntain Facility which ould all i the
installation of an incinerator. Authority for this action Ls
found under 40 CFR 270.72(c):
. .additional processes may be added f the iner or
operator su nits a revised Part A appLication pr cr to
such change (along with a justification e laL’ .ng the
need for the change) and the Director approves the
change because:
(2) It is necessary to ca ply with Federal regulations
including interim status standards at 40 ( R Part
265) or State or Local laws.”
The land disposal restrictions (40 CFR 2681 for solvent wastes
published in the vember 7, 1986 Federal Register (pages
40572—40654) r uire the incineration of F00l—5 solvent wastes
prior to landfill disposal. Lone ?4iuntaj.n Facility received in
excess of 2000 tons of FOOl through F005 wastes in calendar year
1986. All iirig the adjust rent of 1986 voli.nres to reflect the
land restriction a 1icability in t’ overter and Decertiber,
maintenance, startup, debugging, and waste vol re variability,
U. S. Pollution Control, Inc. has chosen a sxrall 2-ton per
hour incinerator as the necessary unit for c liance with the
land disposal restriction for solvent wastes FO01-F005.
T State’s authority to approve this change was ccnfiri d by
telephone with Mr. Matt Hale whc .s the Qu .ef of tne Permits
Branch, Office of Solid Waste, U.S. A Headquarters (telephone
202-382-4740). The approach was also discussed at length with
2000 Classen Center’ Suite 400 South• Oldahoma Cirj, OK 73106-6078’ 405.528-8371
-------
OSWER POLTCY DIRECTIVE #9 23.CL—l
e:.er to Lr. a in
Sept rrCer 2, 1 E
rage
and confir ed z :1r. e .aze o .S.
204—655—6750)
. t acned to -‘ tter is a zcc et t:ted, ‘Quest cns and
Answers on .r.d Dis sa1 Pestr ctions for Solvents and
DioxLflS” (EPA/530’ ’—87-020 way, 1987) . The foll ing
rhetorical question is raised and ans red on page 31.
Q: Can a new t.reatrent crocess be 1oyed under interim
status?
A: Yes, a new trea nt process can be introduced at an
interim status facility as long as the cor i .tions of
Section 270.72 are net. Prior to such change, the
facility rr st sub u.t a revised Part A application and
a justification for the change to EPA for approval.
EPA rray approve the change if the facility has
denonstrated that it is necessary to carply with
Federal, State, or local requireirents. ever, the
extent of changes to an interim status facility is
limited in that capital expenditures rr y not exceed
50% of the cost of a new facility.
The cost of this srr ll incinerator will not exceed three million
dollars ($3,000,000). The book value of Lone unta.in facility
including depreciation is over thirteen million dollars
($13,000,0000). Replaceirent value for Lone Mountain considering
rniraztu n technclcx y requiren rits for unIts 1 througn 8 is far in
excess of original cost.
USPCI does not anticipate that the final Part B permitting of
thj.s incinerator will interfere with permitting of the rest of
the facility. The permitting of individual units of a facility
is all ed under 40 CFR 270.1 (c) (4), which states:
(4) Permits for less than an entire facility. EPA
rr y issue or deny a permit for one or rrore units
at a facility without sm .iltaneously issuing or
denying a permit to all of the uru.ts at the
facility. The interim status of any unit for
which a permit has not been issued or denied is
not affected by tbe issuance or denial of a
permit to any other unit at the facility.
Accordingly, USPCI anticipates that the Part B permit
application will be called for shortly after the approval for
the char e in interim status. Allowing 180 days for preparation
of the application xild leave rrore than eighteen (18) xronths
for permit revi i prior to the statutory deadline for permit
issuance of incinerators by Nov nber 1989.
-------
os s POLICY DiR TI’ E. .::-
.et:er .:. wai ar
s err.oer ::, : 27
? ae 3
Scme confusion — nave been ra:sec oy a :::rcse’ _e
ublished in me Federal ?ecas ar on
article proposed eima:mg me currermly effecz:.e
rercent (5O ’) construction rule for interim status cnan es
:nvolving tanx s and containers. T t proposal snould not e
confused with elLm inating interim status cnanges for
irtcinerator which is not proposed. The fifty ( O )
reconstruction rule governing trea rent processes other tnar.
tanks will re r in intact under the proposal.
In way of f’ .irther buttressing of our request, the August 14,
1987 Federal Register article observed on page 30572 that the
current regulations
‘provide Lrr rtant flexibility in allc ing changes in
or additions to processes necessary to c r 1y with
Federal or other require nts, such as 1ar
disposal restrictions ..... ‘I
A copy of that article is attached for your reference.
We need to n ke the decision to proceed on this project by
Septeither 30, 1987 in order to secure equi nt arid adequate
professional staffing. Your expathticus handling of this rratter
is appreciated.
Sincerely,
U. S. LL frION Cc ’r L, Th 2.
K n Jackson
President
1 J/cazn
Attac1 nt
------- |