Memo Detail

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RCRA Online Number: 14939
Title: Regulatory Options for Addressing the Temporary Backlog of Containerized Hazardous Waste Needing Incineration
Document Date: 2021-08-10
To: Land, Chemicals and Redevelopment Division Directors, Regions 1–10
From: Hoskinson
Organization of Recipient: EPA
Description: This memo was developed in response to a temporary national backlog of containerized hazardous waste requiring incineration at RCRA permitted hazardous waste incinerators. The backlog caused many hazardous waste generators difficulty in locating an appropriate destination facility that would take their waste within the accumulation time limits specified in §§ 262.17(a) and 262.16(b) for large quantity generators (LQGs) and small quantity generators (SQGs), respectively. This memo lays out existing regulatory options to address this issue for various impacted regulated entities that generate and manage hazardous waste. For RCRA permitted treatment, storage, and disposal facilities (TSDFs), the memo discusses the use of temporary authorizations and permit modifications to increase storage capacity at TSDFs. The regulations for LQGs and SQGs provide them the option to request an accumulation time limit extension from their implementing agency. The extensions may be granted to address “unforeseen, temporary, and uncontrollable circumstances” at the discretion of the authorized implementing agency. Individual extension requests may be granted for a 30-day period. Authorized implementing agencies are in the best position to determine on a case-by-case basis whether consecutive extensions are appropriate. Although federal regulations do not limit the number of extensions, each extension request must meet the criteria in the regulations.
Regulatory Citation(s): 270.61, 262.16 (b), 262.17(a), 262.17(b), 262.16(d), 270.42(e), 270.42
Official ORCR Policy: Yes
Associated Topic(s): Combustion, Combustion of Hazardous Waste, Compliance, Disposal, Generators, Hazardous Waste, Incineration, Incinerators, Large Quantity Generators (LQG), Small Quantity Generators (SQG), Storage, TSDFs