v>EPA
United States
Environmental Protection
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Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9481.15(84)
TITLE: Definition of Regulated Units
APPROVAL DATE: n-zo-84
EFFECTIVE DATE: n-20-84
ORIGINATING OFFICE: °ffice of Solid Waste
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[ ] _ B^Pending AA-OSWER approval
.[ ] C- For,review &/or comment
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REFERENCE '(other documemfs):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
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PARTS 264 AND 265 SUBPART F - GROUND-WATER PROTECTION
DOC: 9481.15(84)
Key Words: Definition of Regulated Unit
Regulations: 40 CFR 264.90(a), RCRA Amendments §243(c)
Subject: Definition of Regulated Units
Karl Klepitsch, Chief, Waste Management Branch, Region
John H. Skinner, Director, Office of Solid Waste
#9481.15(84) \s
11-20-84
Addressee:
Originator:
Source Doc:
Date:
Summary:
A "regulated" unit is defined in §264.90(a) as "... any such waste
management unit at a facility that receives hazardous waste after January 26,
1983." The RCRA Amendments changed this date to July 26, 1982.
A unit does not become a regulated unit until it actually receives waste..
The regulatory definition of "regulated unit" supports the Agency's ability
to require a moving point of compliance in the Part B permit.
Although existing guidance manuals may not have the "correct" definition
of regulated unit, they do not weaken EPA's ability to regulate on the basis of
the new definition. When there is a discrepancy between a rule and guidance,
the rule carries the weight of the law.
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9431.15 (34)
r- r - -. • ,, _ .
Populated Units
John H. Fkinner, Director
Office of Solid Waste (WH-562)
Kerl Klepitsch, Chief
^'aste Management Branch (5-HW)
"egion V
This responds to your memo dated August 31, 1984,
regarding the definition of a "regulated unit." You asked
cor Headquarters concurrence that a waste management unit
becomes a "regulated unit" when the unit physically receives
hazardous waste after January 26, 1933. This interpretation
is correct. However, the RCRA Amendments will change the
date upon which a unit becomes a "regulated unit."
A "regulated unit" is defined in S264.90(a) as "...any
such waste management unit at the facility that receives
hazardous waste after [January 26, 19831." However, the
RCRA Amendments will change the date which defines when a
unit becomes a "regulated unit" from January 26, 19^3, to
July 26, 19?2, pursuant, to Section 243(c), amending PCRA
Section 3005. Therefore, a unit which receives hazardous
waste after July 26, 1982, will be a "regulated unit."
"Receives" as used in the regulatory definition of
"regulated unit" means present physical disposal. A unit
oecomes a regulated unit when it actually receives waste.
You point out a discrepancy between the regulatory
definition of regulated unit and the Permit Applicants^
Guidance Manual for Hazardous t-.'jsto -Land Trentmpn't, -Storage,
and Disposal Facilities explanation octhe same term.The
manual states, "A regulated unit is any 'waste management
unit' that has or will receive hazardous waste after
January 2ft, 1983." The manual's language "has or will"
suggests that an intended waste management unit can be a
"regulated unit" before it receives hazardous waste. This
is incorrect. In the next draft of the manual, we will
remove the phrase "has or will." In addition, upon enactment
of the RCRA Amendments, the effective 'date will be changed.
to July 26, 1982. The manual's definition of "regulated
unit" will then-*r>e consistent with that of the regulation.
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We agree that the regulatory definition of "regulated
unit" supports the Agency's ability to require a moving
point of compliance in the Part B permit. You state in your
nemo that the guidance manual's discussion of "regulated
unit" weakens your ability to do so. This is not correct.
where there in a discrepancy between a rule and a guidance,
the rule carries the weight of the law. That is, the guidance.
nanual offers no challenge to the regulation.
Attachment
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cc: Hazardous Waste Branch Chief - Regions I-IV, VI-X
Division Director — Regions i-x
Mark Greenwood
Peter Guerrero
Jerry Kotas
WH-565E:PSbar-:38-2-3345:rm2106:10./5/
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