v>EPA United States Environmental Protection Agency 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 0 FINAL D DRAFT STATUS: f 'A- Pending OMB approval [ ] _ B^Pending AA-OSWER approval .[ ] C- For,review &/or comment A ] D-^In development or circulating t_ jw^-?iv i «j, , , ' .. ° REFERENCE '(other documemfs): OSWER OSWER OSWER fE DIRECTIVE DIRECTIVE ------- 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. ------- 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. ------- 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 • ^ 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/ ------- |