vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
#9542.01(80)
TITLE:
Requirement that State-Permitted Hazardous Waste
Facilities have "Interin Status" (P1G-80-3)
APPROVAL DATE: to-3-so
EFFECTIVE DATE: l0-3-80
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS WER OS WER OS WER
/£ DIRECTIVE DIRECTIVE Di
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PART 271 SUBPART B - INTERIM AUTHORIZATION
DOC: 9542.01(80)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Dace:
Summary:
State Permits, Interim Status
RCRA 3005(a); 3005(e); 40 CFR 270.70
Requirement that State-Permitted Hazardous Waste
Facilities have "Interim Status" (P1G-80-3)
Program Implementation Guidance Addressees
Steffen W. Plehn, Deputy Assistant Administrator for Solid Waste;
R. Sarah Compton, Deputy Asssistant Administrator Water Enforcement
#9542.01(80)
10-3-80
Only a facility meeting the requirements in RCRA §3005(e) qualifies for
interim status. A permit issued by a Phase I authorized State is not a RCRA
permit. Furthermore, Phase I authorization does not remove the applicability*
of the RCRA §3005 requirement that to operate lawfully, a facility must have a
RCRA permit or interim status. Therefore, a facility which does not qualify
for interim status and has not been issued a RCRA permit cannot contruet or ,
operate until a RCRA permit is issued, even if it has a permit issued by a ~.
Phase I State. The memo further details the RCRA requirements for interim
status*.
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9542.01 (80)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
OCT
5
PIG-80-3
MEMORANDUM
SUBJECT:
FROM:
Requirement That State-Permitted Hazardous
Waste Facilities Have "Interim Status"
TO:
Staffen W. Plehn
Deputy Assistant A2mitiifi.3trat.or
for Solid Waste (WHiS62)
jj I J /* / ^
R. Sarah Compton ff*y4
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If a facility meets all three of these requirements, it
has interim status for the purposes of RCHA until a RCRA
permit has been issued or denied by EPA or a State authorized
for Phase II.
b) Assuming that a facility does not qualify for interim
status and has not been issued a RCHA permit, facility
construction and operation are precluded until a RCHA permit
is issued. Because EPA is not authorizing State permit
programs during Phase I interim authorization, a facility
permit issued by a State with Phase I authorization is not a
RCHA permit. For the same reason, Phase I authorization of
a State program does not suspend the RCRA Section 3005 require-
ment that in order to operate lawfully a facility must have
a RCHA permit or interim status. Because neither EPA nor
any States will be issuing RCHA permits during Phase I, only
facilities with interim status may operate during .that period.
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