 Coalition for
Responsible Waste Incineration
September 18, 2000
RCRA Docket Information Center
Office of Solid Waste (5305G)
USEPA HQ
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Washington, DC 20460
RE: Docket F-2000-LRRP-FFFFF
The Coalition for Responsible Waste Incineration (CRWI) is
pleased to submit comments on the Land Disposal Restrictions:
Advanced Notice of Proposed Rulemaking (65 FR 37932, June 19,
2000). CRWI represents ten companies that operate hazardous waste
combustion units and eight other companies with interests in hazardous
waste combustion. These companies account for a significant portion of
the U.S. capacity for hazardous waste combustion. In addition, CRWI is
advised by a number of academic members with research interests in
hazardous waste combustion. Since its inception, CRWI has encouraged
its members to reduce the generation of hazardous waste. However, for
certain hazardous waste streams, CRWI believes that combustion is a
safe and effective method of treatment, reducing both the volume and
toxicity of the waste treated. CRWI seeks to help its member companies
both to improve their operations and to provide lawmakers and
regulators helpful data and comments.
In the ANPRM, EPA requested comments on a number of issues.
CRWI will concentrate our comments on the proposed new incinerator ash
code. CRWI is opposed to the development of a new waste code for
incinerator ash as proposed. While the current Land Disposal
Restriction (LDR) system has some inefficiencies, the regulated
community has adjusted to the system and put programs in place to make
it work. The changes proposed do not provide any benefits to
incinerator operators. In fact, developing a new waste code as proposed
will likely result in additional testing without providing any useful
information. This would increase the burden, not decrease it. RCRA
Section 3004(m)(1) requires the Agency to set "levels or methods of
treatment, if any, which substantially diminish the toxicity of the
waste or substantially reduce the likelihood of migration of hazardous
constituents from the waste so that short-term and long-term threats to
human health and the environment are minimized." The Agency has already
done this. Therefore, a waste code for incineration ash, such as the
F039 code for landfill leachate, is not necessary. The basis for the
current LDR program is the knowledge that specific constituents in a
hazardous waste have been treated to a level that is protective of
human health and the environment prior to any land disposal. The Agency
has properly promulgated these treatment standards and has established
a protective system by fine-tuning the regulations with prior
amendments. The regulated community has, through guidance, regulatory
oversight, and regulatory interpretations, established programs that
allow them to comply with the treatment standards. If the regulatory
program is modified, an intensive effort on the part of the regulated
community to understand, interpret, and enact a new compliance program
would be required. For instance, facilities would have to modify their
Waste Analysis Plans to incorporate new requirements and possibly
removing other waste codes. In the end, this will result in a greater
burden on the regulated community to meet the new requirements, rather
than less. Since the current regulatory requirements are sufficiently
protective of human health and the environment and EPA has not
demonstrated otherwise, such an added burden would be unwarranted and
not justifiable under the statutes.
For these reasons, CRWI believes that a new waste code for
incinerator ash as proposed in this ANPRM should not be promulgated.
Again, thank you for the opportunity to comment on this
document. If there are any questions, please contact me (202-775-9869
or crwi@erols.com).
Sincerely yours,
P
Melvin E. Keener, Ph.D.
Executive Director
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