PB96-780 416
EPA530-R-95-073
November 1995
RCRA/UST, Superfund, & EPCRA
Hotline Training Module
Introduction to:
Strategy for Hazardous Waste Minimization
and Combustion
Updated as of July 1995
DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under
contract 68-WO-0039 to EPA. It is intended to be used as a
training tool for Hotline specialists and does not represent a
statement of EPA policy.
The information in this document is not by any means a complete
representation of EPA's regulations or policies. This document
is used only in the capacity of Hotline training and is not used
as a reference tool on Hotline calls. The Hotline revises and
updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the
current position of the Agency. This document is not intended
and cannot be relied upon to create any rights, substantive or
procedural, enforceable by any party litigation with the United
States.
RCRA/UST, Superfund & EPCRA Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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STRATEGY FOR HAZARDOUS WASTE
MINIMIZATION AND COMBUSTION
CONTENTS
1. Introduction 1
1.1 Historical Background 1
1.2 Draft Strategy for Hazardous Waste
Minimization and Combustion 2
1.3 Progress Report 3
1.4 Strategy for Hazardous Waste Minimization
and Combustion 4
2. Waste Minimization 9
2.1 Statutory and Regulatory Requirements .... 9
2.2 The Waste Minimization National Plan .... 10
3. Combustion 13
3.1 Role of Combustion and Alternative
Technologies 13
3.2 Emission Controls and Standards 14
3.3 Risk Assessment 15
3.4 Enforcement and Compliance Assistance 16
3.5 Facility Permitting Priorities 17
3.6 Public Involvement in the Permitting Process . 18
4. Conclusion 21
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Strategy for Hazardous Waste Minimization & Combustion - 1
1. INTRODUCTION
The Strategy for Hazardous Waste Minimization and Combustion, or
"Strategy," is a broad initiative that focuses the Agency's and
the public's attention on the minimization and safe combustion of
hazardous waste. This training module presents a general
overview of the issues EPA has addressed within the context of
the Strategy. The first section of the training module provides
a detailed description of the history and goals of the Strategy.
The remaining sections present an in-depth discussion of
hazardous waste minimization and combustion issues.
1.1 HISTORICAL BACKGROUND
Prior to 1980, industrial wastes were virtually unregulated,
resulting in uncontrolled or careless management of hazardous
wastes and releases of hazardous constituents into the land,
water, and air. In 1980, EPA created a comprehensive set of
environmental standards regulating hazardous waste management,
pursuant to Subtitle C of the Resource Conservation Recovery Act
(RCRA). Subtitle C established a "cradle-to-grave" management
system that controlled the generation, transportation, and
disposal of hazardous waste. This system serves as the
foundation for hazardous waste management practices as they have
evolved today. In the early years of the program, the
predominant form of waste management was land disposal in units
such as landfills, waste piles, and surface impoundments. By
1984, it became clear that the existing regulations for land
disposal were not adequate to prevent the serious problem of
groundwater contamination. Consequently, the RCRA Hazardous and
Solid Waste Amendments (HSWA) added several provisions to
Subtitle C, placing new controls on the disposal of hazardous
waste on the land. Free liquids could no longer be placed in
landfills, and disposal in unlined and unmonitored landfills and
surface impoundments began to be phased out. Further, EPA
mandated that hazardous waste be treated to reduce the toxicity
and mobility of hazardous constituents prior to land disposal.
Land disposal treatment standards were promulgated in phases
during the late 1980s. Many of these standards were based on the
efficiency of combustion technologies which were used to treat
the waste before the residue was disposed on the land. As new
units received their permits in the late 1980s and early 1990s,
combustion capacity significantly increased and the cost of
burning hazardous waste substantially dropped. All of these
factors led to increasing amounts of hazardous waste being burned
in combustion devices. As the amount of hazardous waste being
burned increased, so did the number of questions regarding the
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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2 - Strategy for Hazardous Waste Minimization & Combustion
safety of these devices. Citizens in areas where incinerators or
boilers and industrial furnaces (BIFs) were located challenged
the need for and safety of hazardous waste combustion facilities.
Others voiced concern that hazardous waste combustion was often
being used where waste minimization may have been the preferred
approach.
To address citizens' concerns regarding combustion, EPA began
examining the role of combustion within the waste management
program, and evaluating waste minimization as a means to reduce
or eliminate reliance on combustion as a waste management tool.
As a result, EPA emphasized the use of waste minimization
techniques as a preferred form of waste management.
Waste minimization has long been a component of the hazardous
waste management program. As a part of HSWA, Congress enacted
several waste minimization requirements mandating that the
reduction or elimination of hazardous waste at the source should
take priority over management (i.e., recycling, treatment, or
disposal) of waste after it is generated. In 1990, Congress
further confirmed the key role of pollution prevention in the
nation's environmental protection scheme by passing the Pollution
Prevention Act (PPA). The hierarchy of waste management options
set forth in the PPA mirror those espoused by EPA's waste
management programs; i.e., prevention first, then environmentally
sound recycling, treatment, and disposal.
1.2 DRAFT STRATEGY ON HAZARDOUS WASTE MINIMIZATION AND
COMBUSTION
In May 1993, EPA released the Draft Strategy for Combustion of
Hazardous Waste, or "Draft Strategy." The Draft Strategy
represented a culmination of opinions and events surrounding
waste minimization and combustion issues, as well as the
professional judgments of EPA personnel. The Draft Strategy
served as a catalyst for discussion and input from all interested
parties, or stakeholders, on how best to integrate waste
minimization and combustion, and how EPA could better assure the
safety of hazardous waste combustion facilities. The following
goals form the foundation of the Draft Strategy:
• Establish a strong preference for source reduction over
waste management, thereby reducing the long-term demand
for combustion and other waste management facilities
• Better address public participation in setting a national
source reduction agenda by evaluating technical
combustion issues and reaching site-specific decisions
during the hazardous waste combustion permitting process
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 3
• Develop and impose rigorous state-of-the-art safety
controls on hazardous waste combustion facilities by
using the best available technologies and most current
scientific knowledge
• Ensure that combustion facilities do not pose an
unacceptable risk and fully utilize legal authorities in
permitting and enforcement
• Continue to advance scientific understanding with regard
to waste combustion issues.
For each of these goals, the Draft Strategy outlined a series of
short- and long-term actions. These actions were presented to
the stakeholders — Regions, states, industry, citizens, and
environmental groups — as a starting point for discussion on
source reduction and combustion issues. To facilitate the
dialogue between EPA and stakeholders, EPA held a National
Roundtable discussion on hazardous waste minimization and
combustion in Washington, D.C. Topics discussed included the
goals of the hazardous waste minimization effort, the roles of
stakeholders in achieving waste minimization, mechanisms to
implement waste minimization, big-picture issues related to waste
minimization, general issues involving combustion of hazardous
waste, the control of emissions of toxic metals and toxic organic
compounds from combustion units, and other issues involving
hazardous waste combustion. EPA also held a series of Regional
Roundtables to ensure that all interested parties participated in
the discussion of issues concerning the Draft Strategy.
While the Draft Strategy specifically addressed only RCRA-
regulated hazardous wastes, its approaches and principles have
been incorporated into policies covering other areas under EPA's
purview. For example, EPA developed a Superfund policy that,
among other things, adopted the public participation and risk
assessment features of the Draft Strategy.
1.3 PROGRESS REPORT
In May 1994, EPA released a progress report on the Draft
Strategy. The announcement updated stakeholders on EPA's
progress in reaching the Draft Strategy goals, while also
refocusing attention on the key issues of waste minimization and
safe combustion. As part of the update, EPA released several
significant documents representing major steps toward ultimately
reducing the amount of hazardous waste generated and further
ensuring the safety and reliability of facilities that burn
hazardous waste. Among the documents released were the RCRA
expanded public participation proposed rule, the Combustion
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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4 - Strategy for Hazardous Waste Minimization & Combustion
Emissions Technical Resource Document, the Draft RCRA Hazardous
Waste Minimization Plan, and the Policy Statement Restricting
Combustion of Specified Metal-bearing Inorganic Hazardous Wastes
Each of these documents will be discussed in greater detail in
the appropriate sections of this training module.
In addition, EPA incorporated the comments and concerns that
stakeholders identified through the Roundtables and other
mechanisms by modifying and refining the central goals of the
Draft Strategy. The revised Draft Strategy goals covered the
following six areas:
• Public Outreach
• Waste Minimization
• Emission Standards and Controls
• Compliance and Enforcement
• Permits and Implementation
• Public Involvement in the Permitting Process and
Environmental Justice.
1.4 STRATEGY FOR HAZARDOUS WASTE MINIMIZATION AND COMBUSTION
EPA finalized the Strategy for Hazardous Waste Minimization and
Combustion in November 1994. The Strategy represents a major
milestone in the Agency's ongoing commitment to integrate waste
minimization into the national hazardous waste management
program, and assure the safe operation of hazardous waste
combustion facilities. The Strategy was the culmination of 18
months of intensive effort by EPA and other interested parties
since the Draft Strategy was released in May 1993.
The Strategy set forth EPA's fundamental goals and basic vision
with respect to several key areas; however, the Strategy focused
on eight key goals. These goals address the areas initially
covered in the Draft Strategy as amplified by the many
discussions that have taken place since its release. The goals
provide the policy and framework for EPA's future actions and for
reaching the best possible solutions to the issues that have
arisen concerning the management of hazardous waste.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 5
STRATEGY GOALS
1.
Waste
Minimization
Reinforce strong preference for source
reduction over hazardous waste management in
order to reduce both the long-term demand for
treatment, storage, and disposal capacity and
the quantities of persistent, bioaccumulative,
and toxic constituents that need to be managed
Pursue aggressive use of waste minimization
measures with primary emphasis on voluntary
actions in partnership with the states,
industry, and local communities
Provide members of the public with greater
opportunities to become aware of waste
minimization activities in their communities
2.
Role of
Combustion and
Alternative
Technologies
3.
Emission
Standards and
Controls
Maintain the appropriate role of combustion
and continue to ensure that combustion and
other treatment facilities reduce the
toxicity, volume, and/or mobility of hazardous
wastes in a manner that is protective of
public health
Foster the commercial development and use of
alternative treatment and other innovative
technologies that are safe and effective in
reducing the toxicity, volume, and/or mobility
of RCRA industrial process and remediation
wastes
Develop and impose rigorous controls on
combustion facilities based on the assessment
of available technologies and current science
Coordinate efforts under RCRA and Clean Air
Act authorities to implement new standards for
hazardous waste combustion facilities
Ensure that hazardous waste combustion
facilities do not pose an unacceptable risk to
human health and the environment
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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6 - Strategy for Hazardous Waste Minimization & Combustion
4.
Risk
Assessment
Advance scientific understanding on combustion
issues and risk assessment
Ensure that permits are issued at facilities
in a manner that protects against unacceptable
risks to human health and the environment
Use sound science in decision making
5.
Enforcement
and Compliance
Assistance
6.
Facility
Permitting
Priorities
Continue aggressive compliance and enforcement
efforts against incinerators and BIFs burning
hazardous wastes
Work with industry to ensure that EPA's
combustion regulations are understood and
followed
Enhance public confidence in Agency oversight
activities and facility compliance by
promoting public understanding of these
activities and increased opportunities for
public involvement in the enforcement process
Give higher priority to those facilities for
which a final permit decision would result in
the greatest environmental benefit or the
greatest reduction in overall risk to the
public
Assign lower priority to permit decisions on
new combustion facilities that are not
replacing older facilities
7.
Public
Involvement in
The Permitting
Process
• Enhance public involvement opportunities in
the process for considering permit
applications for combustion facilities
• Take appropriate actions to ensure that local
communities are fully informed about the RCRA
decision-making process (including waste
minimization opportunities) and have an
opportunity to participate in that process
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 7
8.
Public
Outreach and
EPA-State
Coordination
Continue to facilitate an open and broad
national dialogue among all stakeholders on
significant hazardous waste issues
Give top EPA priority to working with states
as co-regulators of hazardous wastes
EPA does not give any one goal priority over the others.
Together, they form an integrated foundation covering related
areas of the Strategy. The rest of the module focuses on these
individual goals and the actions EPA has taken or plans to take
to achieve them.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
-------
- Strategy for Hazardous Waste Minimization & Combustion
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 9
2. WASTE MINIMIZATION
The term waste minimization includes source reduction and
environmentally sound recycling. The first category, source
reduction, is defined as any practice that reduces the amount of
any hazardous component in the material entering any waste stream
or otherwise released into the environment, or reduces the
hazards to public health associated with the release (PPA
§6603(5)(A)). The term includes equipment or technology
modifications, process or procedure modifications, reformulation
or redesign of products, substitution of raw materials, and
improvements in housekeeping, maintenance, training, or inventory
control.
The second category, environmentally sound recycling, is the next
preferred alternative for managing those pollutants that either
cannot be reduced at the source or those remaining after source
reduction. In the context of hazardous waste management, there
are certain practices or activities that are defined as
recycling. A recycled material is one that is used, reused, or
reclaimed; however, EPA believes that recycling activities that
closely resemble waste management activities do not constitute
waste minimization. For example, burning F005 spent solvent for
energy recovery would not constitute waste minimization. Like
incineration, burning for energy recovery disposes of hazardous
constituents by destruction as well as by releasing toxic
constituents into the air. Similarly, any activity in which
hazardous waste is recycled by being placed on the land, for
example as a dust suppressant or soil conditioner, is considered
use constituting disposal, and is analogous to conventional waste
disposal in land-based units such as landfills or surface
impoundments.
2.1 STATUTORY AND REGULATORY REQUIREMENTS
In addition to establishing a national policy to foster waste
minimization, HSWA also included several specific requirements
that promote waste minimization. HSWA §3002(b) requires large
quantity generators (LQGs) who transport their waste off-site to
certify on their hazardous waste manifests that they have a
"program in place" to reduce, to the extent economically
practicable, the volume or quantity and toxicity of hazardous
waste generated. For treatment, storage, or disposal facilities
(TSDFs) who generate hazardous waste on-site, HSWA §3005(h)
requires an annual certification of a program in place as a
condition of any permit issued.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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10 - Strategy for Hazardous Waste Minimization & Combustion
On May 28, 1993, EPA issued interim final guidance on the basic
elements of a waste minimization program. The elements include
high-level management support, characterization of waste
generation and waste management costs, periodic waste
minimization assessments, a cost allocation system, technology
transfers, and program implementation and evaluation. EPA
described this guidance as a "flexible menu" of activities from
which facility operators can choose how best to comply with the
HSWA waste minimization requirements.
LQGs and interim status and permitted TSDFs that generate waste
are also subject to the waste minimization requirements in the
biennial report. Specifically, LQGs are required to describe the
efforts undertaken to achieve waste minimization and the actual
changes in the volume and toxicity achieved relative to other
years in a biennial report submitted to the state or EPA
(§262.41(a)(6)-(7)). The biennial report requirements for
permitted and interim status TSDFs that generate waste parallel
those specific to LQGs (§§264.75(h)-(i)/265.75(h)-(i)).
Small quantity generators (SQGs) also must comply with certain
minimization requirements. Unlike LQGs and TSDFs who generate
waste on site, however, SQGs must only certify on the manifest
that a "good faith effort" has been made toward waste
minimization (51 FR 35190; October 1, 1986). EPA encourages SQGs
to develop waste minimization programs on their own, to show
their good faith efforts.
To further encourage waste minimization, EPA sent letters to the
Chief Executive Officers and facility contacts for each
organization that reported to EPA that it generates large
quantities of hazardous waste. The letter served to remind
facilities about their waste minimization obligations and
encouraged facilities to voluntarily make information concerning
their waste minimization program available to the public.
2.2 THE WASTE MINIMIZATION NATIONAL PLAN
As part of EPA's ongoing commitment to waste minimization, the
Agency released the Draft Waste Minimization National Plan,
hereafter the "Draft Plan," which proposed a series of
initiatives to reduce the amount of hazardous waste destined for
combustion, and proposed a longer-term effort to minimize the
generation of all hazardous wastes. In November 1994, EPA
finalized the Waste Minimization National Plan, hereafter the
"Plan," which included outlines of major goals, objectives, and
action items to facilitate national reductions in the generation
of hazardous waste. The Plan focuses on reducing the generation
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 11
and subsequent release to the environment of the most persistent,
bioaccumulative, and toxic constituents in hazardous wastes.
The Plan details a set of objectives that reflect five common
themes raised by those who commented on the Draft Plan:
• Develop a framework for setting national priorities,
identifying constituents of concern, and developing
flexible screening tools for identifying priorities at
individual facilities
• Promote multimedia environmental benefits and prevent
crossmedia transfers of toxic constituents
• Demonstrate a strong preference for source reduction by
shifting attention to the nation's hazardous waste
generation at its source
• Clearly define and track progress in implementing source
reduction and promoting accountability for EPA, states,
and industry
• Involve citizens in waste minimization implementation
decisions.
In the beginning, EPA plans to focus on metal constituents in
combustible waste streams (Phase I). Phase II will cover all
remaining RCRA wastes. For both phases, EPA will develop a list
of the highest priority constituents for source reduction and
recycling based on the preliminary screening tool set forth in
Setting Priorities for Hazardous Waste Minimization.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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12 - Strategy for Hazardous Waste Minimization & Combustion
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 13
3. COMBUSTION
The role combustion plays in hazardous waste management has
changed dramatically over the last decade and a half. As
discussed above, the recognition that land disposal of hazardous
waste could present long-term pollution problems prompted
combustion to become the preferred method of waste management.
The increased use of combustion to dispose of hazardous waste
raised concerns about the proper role of combustion in waste
management, as well as the safety of combustion. To address
these concerns and better ensure safe combustion of hazardous
waste, EPA focused on six key issues involving combustion: the
role of combustion and alternative technologies, emission and
control standards, risk assessments, permitting priorities,
enforcement and compliance assistance, and public involvement in
the permitting process.
3.1 ROLE OF COMBUSTION AND ALTERNATIVE TECHNOLOGIES
From a technical standpoint, combustion of hazardous waste is a
process that substantially and permanently reduces the toxicity
and volume of virtually all organic-bearing waste streams
principally by destroying organic compounds. In addition,
combustion devices can accommodate most types of wastes,
including liquids, solids, and sludges. Further, since
combustion reduces a waste's toxicity and volume, residues from
combustion are generally more amenable to land disposal than the
original waste streams. Despite these technical attributes,
controversy surrounds the use of combustion since hazardous
wastes burned in combustion units often contain toxic organic
chemicals, heavy metals, and chlorine, trace amounts of which may
be released into the atmosphere in the form of emissions.
As part of the Strategy, EPA is exploring the current role of
combustion as a form of waste management, as well as examining
the use of alternative waste destruction technologies. The goal
of these studies has been to achieve a balance between safe
combustion and other waste management options. To ensure safe
hazardous waste combustion, EPA has been examining the ability of
combustion devices to achieve reductions in waste volume,
toxicity, or mobility of hazardous constituents in a manner that
is protective of public health. As a result, EPA has focused its
efforts on ensuring proper treatment and destruction of hazardous
wastes, enforcing regulatory emissions limits, and examining ways
to more fully characterize combustion emissions risks. Each of
these three initiatives will be discussed in more detail in the
appropriate sections.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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14 - Strategy for Hazardous Waste Minimization & Combustion
EPA has also been investigating different technologies that can
reduce or eliminate combustion of hazardous waste altogether.
EPA established the Technology Innovation Office to accelerate
the development and application of innovative hazardous waste
technologies for treating remediation wastes that result from the
cleanup of spills and releases. Emergence of cost-effective, on-
site remediation alternatives has eliminated some of the demand
for off-site incineration capacity for remediation wastes. These
new technologies have reduced, but not eliminated, the demand for
combustion technologies.
Alternative or innovative technologies present potential, but
often unrealized, opportunities for reducing the amount of
hazardous waste or treating hazardous wastes to reduce toxicity,
mobility, bioaccumulation, and mass. EPA has been working to
create an environment conducive to innovative technology
development and commercialization. As part of this initiative,
EPA has established the Vendor Information System for Innovative
Treatment Technologies (VISITT) database, which contains vendor-
supplied information on technology performance and availability.
3.2 EMISSION CONTROLS AND STANDARDS
EPA established emissions standards and controls for hazardous
waste incinerators in 1981 and for BIFs burning hazardous waste
in 1991. In 1989, EPA proposed to make the incinerator standards
as stringent as the proposed BIF standards. The regulatory
emission standards for BIFs are more comprehensive than the
standards for incinerators. For example, BIFs must comply with
emission limits for toxic metals while the Agency must rely on
its omnibus permit authority to control toxic metals from
incinerators.
Although the Agency never finalized the proposed upgraded
incinerator standards, EPA believes upgraded emission standards
for all combustion units are still warranted for several reasons.
The emission standards combustion units are presently complying
with (e.g., metals, hydrochloric acid, and chlorine) were based
on health risks from direct inhalation. The levels of protection
provided by such standards is problematic, however, because some
pollutants can pose health risks via means of exposure other than
inhalation, such as uptake through the food chain. In addition,
the current regulations do not always ensure that hazardous waste
combustion units are using best operating practices to minimize
emissions of hazardous air pollutants. Finally, the current
regulations do not establish limits for chlorinated dioxins and
furans for most hazardous waste combustion units. Given the high
toxicity of some dioxin and furan compounds, and the fact that
good operating conditions alone may not always control emissions
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 15
of dioxins and furans, EPA believes these emission limits are
necessary.
As a step toward upgrading the combustion standards, EPA
initiated a study of the best operating practices at incinerators
and BIFs burning hazardous waste. The study, known as the
Combustion Emissions Technical Resource Document (CETRED), is a
first step in this rulemaking process. In CETRED, EPA presented
a preliminary technical analysis of achievable emissions levels
for particulate matter, dioxins, and furans at hazardous waste
incinerators, light-weight aggregate kilns, and cement kilns.
These levels will be used as the foundation to determine emission
limits in future rulemakings.
The Agency intends to develop the technical emissions standards
for hazardous waste combustion units under the joint authority of
RCRA and the Clean Air Act. EPA is planning to promulgate the
upgraded emission standards in two phases. Phase I will address
hazardous waste incinerators, cement kilns, light-weight
aggregate kilns, and smelting furnaces. This phase is scheduled
to be proposed in September 1995 and finalized in December 1996.
Phase II will focus on boilers and certain other industrial
furnaces. The Agency plans to propose Phase II in September 1998
and finalize the rule by December 1999.
In the interim, EPA has used several different tools to impose
stricter controls on combustion. EPA is currently using the
omnibus authority of 40 CFR §270.32(b)(2) to impose stricter
emission standards and require site-specific risk assessments as
necessary to ensure the protection of human health and the
environment. In addition, EPA has clarified that combustion of
certain inorganic metal-bearing wastes may be considered
inappropriate treatment and a violation of the dilution
prohibition under the land disposal restrictions program. This
policy effectively banned the combustion of 44 listed wastes and
8 characteristic wastes except in limited circumstances. In the
March 2, 1995, Federal Register, EPA proposed to codify the
prohibition on combustion of metal-bearing wastes (60 FR 11702) .
To increase the Agency's ability to fully characterize the risks
associated with current combustion equipment, EPA is working on
developing new equipment capable of sampling and analyzing
emissions continuously. These continuous emission monitors
(CEMs) will provide EPA with more accurate indicators of whether
all of the hazardous constituents have been destroyed.
3.3 RISK ASSESSMENT
A fundamental issue that has arisen with the growth in the use of
combustion for treatment and disposal of hazardous waste is the
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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16 - Strategy for Hazardous Waste Minimization & Combustion
environmental impact of pollutants in the combustion emissions.
In the past, most analyses of human health risk associated with
atmospheric emissions from combustion sources have focused only
on exposure occurring through direct inhalation. Recent studies,
however have linked elevated levels of pollutants in soils, lake
sediments, and cow's milk to atmospheric transport and deposition
of pollutants from combustion sources. These studies indicate
that deposition of atmospheric emitted pollutants could result in
several indirect avenues of exposure for humans.
Currently, site-specific risk assessments for combustion
facilities are required in very limited circumstances, but the
overall combustion emission standards are based on risks
associated with inhalation exposure only. In light of the new
information regarding indirect exposure, EPA is requiring a full
multiple-route risk assessment as a major component in the
permitting of BIFs and incinerators. To ensure that combustion
facilities do not pose an unacceptable risk, EPA has directed
that site-specific risk assessments be conducted at incinerators
and BIFs during the permitting process. EPA recommends that
these risk assessments address not only risks from direct
exposure pathways (e.g., inhalation) but also those risks
associated with indirect routes of exposure (e.g., through the
food chain). Thirty-one risk assessments are currently underway.
To assist Regions and states conducting risk assessments, the
Agency has released a document entitled Exposure Assessment
Guidance for RCRA Hazardous Waste Combustion Facilities.
3.4 FACILITY PERMITTING PRIORITIES
EPA regards permitted combustion units as environmentally more
protective than interim status combustion units because site-
specific permit provisions provide better environmental
protection than general interim status standards. Hence, to
further the goal of safer combustion, the Strategy places a high
priority on bringing interim status BIFs and incinerators under
full permit controls and low priority on permitting new
combustion capacity. The Agency has set a deadline of May 1994
for all interim status commercial BIFs to submit Part B
applications and a deadline of May 1995 for all noncommercial
BIFs to submit Part B applications. Currently, Regions and
states have requested all permits for all commercial BIFs
operating under interim status and have begun the process for
noncommercial BIFs. The Agency has also stated that permit
renewals may receive special consideration if the final permit
decision results in the greatest environmental benefit.
In addition, EPA focused attention on the process governing the
denial of final permits because of the facility's inability to
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 17
demonstrate compliance with the permit requirements of RCRA.
Under the regulations, a facility can petition the Environmental
Appeals Board to review a permitting decision within 30 days of
that decision. The filing of a petition for review with the
Board automatically stays the effective date of the permitting
authority's decision until the Board takes final action on the
petition and the permitting agency issues a final permit based on
the Board's decision. When a facility appeals a decision denying
its permit application or challenges permit conditions that are
more stringent than the applicable interim status standards, the
facility can continue to operate under these less stringent
standards until a final decision has been made. To ensure the
prompt cessation of hazardous waste combustion at facilities that
have been denied a final permit, EPA directed the Board to give
its highest priority to appeals of RCRA permit denials for
interim status combustion facilities.
3.5 ENFORCEMENT AND COMPLIANCE ASSISTANCE
Hazardous wastes burned in combustion units often contain toxic
compounds which can harm human health if released into the
environment in sufficient quantities. For this reason, EPA has
focused on ensuring that all combustion units are in full
compliance with existing BIF and incinerator regulations. Since
May 1993, EPA has undertaken three major enforcement initiatives
in conjunction with the states. The initiatives involved 51
complaints and 43 settlements, all of which addressed hazardous
waste combustion violations. The enforcement actions proposed
over $31.5 million in new civil penalties, while collecting
nearly $6 million in settlement of ongoing actions. In several
instances EPA found that some of the incinerators and BIFs failed
to analyze wastes prior to burning them, fed more wastes into the
combustion units than could be safely handled, exceeded emissions
limits, operated without automatic waste feed cutoff systems, or
violated other important requirements. These types of violations
seriously compromise the effectiveness of hazardous waste
combustion and create significant risk to humans and the
environment from exposure to toxic chemicals. The three
enforcement initiatives complement other steps EPA has taken, or
is the process of undertaking, to work with industry to ensure
that EPA's regulations are understood and followed.
To provide compliance assistance, EPA has held compliance
workshops with industry groups and will seek to increase the
public's understanding of, and involvement in, the enforcement
process. As part of this initiative, EPA has released the
EPA/CMA Workshop Transcript. EPA also released a document on
waste analysis at combustion facilities to assist these
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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18 - Strategy for Hazardous Waste Minimization & Combustion
facilities in complying with waste analysis requirements,
entitled Waste Analysis at Facilities that Burn Hazardous Waste.
3.6 PUBLIC INVOLVEMENT IN THE PERMITTING PROCESS
Public participation provides an opportunity for the public to
express its views to the permitting authority and the applicant,
and enables both to give due consideration to the public's
concerns. RCRA §7004 directs EPA to include public participation
in the development, revision, implementation, and enforcement of
any regulation, guideline, information, or program under RCRA.
Further, EPA is specifically required to integrate public
participation into the permitting process. Since 1980, EPA has
had regulations in place to ensure adequate public involvement
throughout the permitting process. Under 40 CFR Part 124, the
public has several opportunities to comment on the permit in the
later stages of the process.
On June 2, 1994, EPA proposed regulations to provide earlier
opportunities for public involvement in the TSDF permitting
process and to expand public access to information throughout the
permitting process and the operating lives of TSDFs (59 FR 28680;
June 2, 1994). In the proposed rule, the Agency attempted to
address the concern, expressed by many stakeholders in the area
of RCRA permitting, that current procedures involve the public
too late in the process, provide inadequate information, and may
not provide an equitable opportunity to participate. Concurrent
with these growing concerns, EPA emphasized the need for more
public involvement in all of its activities.
The proposed rule would require an applicant to hold an informal
meeting before submitting an application for a RCRA permit. The
proposed rule would also require the applicant to publicize the
meeting in a number of ways, including a display advertisement in
a newspaper, a radio advertisement, and on a sign posted at the
property. The rule would direct the permitting agency to mail a
notice to interested people when the facility submits its
application. The notice will tell members of the public where
they can examine the application while the Agency reviews it.
The proposed rule would give the permitting agency authority to
require a facility owner/operator to set up an information
repository at any time during the permitting process or the
permit life. The repository will make important permitting
information available to the public. Finally, the rule would
also require combustion facilities to notify the public before
holding a trial burn. EPA expects the proposed rule to be
finalized by late summer 1995.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 19
ENVIRONMENTAL JUSTICE
As part of the Strategy, EPA has worked toward ensuring
participation of all parties affected by combustion issues. Over
the last decade, concern about the impact of environmental
pollution on particular population groups has been growing.
There is a widespread belief that minority and low-income
populations may bear disproportionately high and adverse human
health and environmental effects from pollution. This belief has
resulted in a movement to ensure environmental justice for all
populations.
EPA is currently studying the best way to address the
environmental justice concerns throughout all of EPA's Office of
Solid Waste & Emergency Response (OSWER). Under the Strategy,
EPA has taken significant action on several issues related to
environmental justice. First, EPA is improving the public
participation process for permitting TSDFs to allow environmental
justice issues to be raised earlier in the process. Second,
through the Strategy, EPA will establish uniform standards for
all combustion facilities which will be protective of the health
of all populations. Third, the Agency is performing analyses of
the socioeconomic characteristics around combustion facilities in
an effort to examine environmental justice issues in these
sectors. In addition, EPA established an interoffice Siting Task
Force to identify the options available for addressing various
concerns related to siting RCRA hazardous waste facilities. EPA
is in the early stages of developing a methodological approach or
approaches for assessing the racial and ethnic makeup and income
levels of the neighborhoods around the facilities that represent
several industrial sectors.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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20 - Strategy for Hazardous Waste Minimization & Combustion
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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Strategy for Hazardous Waste Minimization & Combustion - 21
4. CONCLUSION
EPA remains committed to the principle that the best approaches
to hazardous waste minimization and management will be most
easily found and implemented in a spirit of cooperation and
partnership with all interested parties. To that end, EPA has
held one National and four Regional Roundtables and hundreds of
individual meetings on source reduction, recycling, combustion,
public participation, enforcement, and other issues since May
1993. In response to citizen requests for greater availability
of information on the Strategy, EPA has made key documents
available on electronic networks and has begun a Strategy Update
newsletter. EPA will continue to ensure broad and open
discussions among all interested parties and, in particular, to
foster a mutual exchange of issues and concerns between RCRA
facilities and their surrounding communities. The Hotline will
play a major role in providing stakeholders information about
this effort.
The information is this document is not by any means a complete
representation of EPA's regulations or policies, but is an
introduction used for Hotline training purposes. For complete
and current information, please call the RCRA/UST, Superfund, and
EPCRA Hotline.
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