v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9542.01(83)
' Changes During Interim Status in Phase II Authorized States
APPROVAL DATE: 8-2-83
EFFECTIVE DATE: 8~2-83
ORIGINATING OFFICE: office of Solld Waste
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE D
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PART 271 SUBPART B-- INTERIM AUTHORIZATION DOC: 9542.01(83)
Key Words: Authorized States
Regulations: 40 CFR Parts 270, 271
Subject: Changes During Interim Status in Phase II Authorized States
Addressee: Merrill Hohman, Director, Air and Hazardous Materials
Division, Region I . " .
Originator: John H. Skinner,-Director, Office of Solid Waste (WH-562)
Source Doc: #9542.01(83)
Date: 8-2-83
Summary:
The memo discusses several issues concerning interim status changes in
authorized States and the Region's role in quality control of changes to the
RCRA facility data base.
1) Once a State has Phase II or final authorization, the State nay make
determinations relating to changes and termination of interim status.
Section 3005(e) of HWSA, however, provides two conditions under which
EPA may terminate the interim status of land disposal facilities, if
the owner or operator does not meet certain requirements.
2) State programs are not required to have an analogue to Federal Interim
Status in order to qualify for Phase II interim or final authorization
as long as they require existing facilities to comply with such standards
through permit terms and conditions. If, however, a State does allow
continued facility operation through an interim status analogue, the
State's requirements and procedures must be substantially equivalent
to the Federal regulations for Phase II interim authorization. For
final authorization, they must be at least as stringent, as the Federal
requirements.
Any facility qualifying for State interim status must continue to qualify
for Federal interim status under §271.13(a), otherwise it cannot operate
without a RCRA permit. This means that the facility must meet all of
the requirements of §270.70, §270.10 and §270.72. Where a State has
an interim status analogue for final authorization the State provisions
for changes to existing facilities must be no less stringent than §270.72.
3) Headquarters expects the Regions to quality control all changes made
to the HWDMS RCRA facility data base by authorized States to ensure
that the information is correct. This includes assuring that State
deletions of Part A data are supported by on-site inspections of the
facility (which should be verified by the regions).
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9542.01 (83)
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SUBJfc'VTi Changes Uurlm; Inter in Status in
Phase It Authorized States
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John H. Skinner
^r, o.ftirt* of Sol id K'a.
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Merrill bohron
Director, i"1 i r .in-* fart r'j i <^M • «« rc.l«v In f'i»fl 1 i ty cent IT- I ct chnngoP fo tbff
1t !'?ti h,
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For final authorization they runt be at least as stringent
as the Federal requlreren ta. The*o procedures need not be
in regulation for interlr authorisation, but for final author-
isation they rust be rf ••» r*»oulntr>ry nature.
Th« fCPA reguJationn nllow S.f-itr1*? to jrovid" for continued
facility r»i»?rn tlon wit^cvt a *(>•* ror»- t t only if the facility
would qualify for' Federal interir status. >e in jl
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-t-
insrectlon data is of questionably vhluw, joint inspections
should b» conducted. ^outino addition* or changes to Part A
. inforn** Ion *v tti* State «^ould also he verifi«d HirfU'j!-
rnndor- fil
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