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):
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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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                         -  2 -
      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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