vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 56o.o2r85
TITLE: Delegation of Authority to Issue Permits
APPROVAL DATE: 04/29/85'
EFFECTIVE DATF 04/29/85
ORIGINATING OFFICE: osw
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STATUS:
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MISCELLANEOUS DOC: 9560.02(85)
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Key Words: HSWA, Delegation of Authority, RCRA Permits
Regulations:
Subject: Delegation of Authority to Issue Permits
Addressee: Hazardous Waste Division Directors, Regions I-X
Originator: Michael B. Cook, Deputy Director, Office of Solid Waste
Source Doc: See Miscellaneous ^9560.05(85)]
Date: 4-29-85
Summary:
The memo clarifies the Regional Administrator's role in issuing permits in
accordance with the new permitting authorities under HSWA.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20-160
JANUARY 25, 1935
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SOLiO WASTE AND iVi
MEMORANDUM
SUBJECT: RCRA/Superfund Hotline Monthly Status Report — December 1984
FPCM: Carolyn Barley, Project C'fficer
SJ xT
Office of Solid Waste (382-2117)
Barbara Hostage, Project Officer
Office of Emergency and Remedial Response ( 382-2186 r
TO : Addressees
I. ACTIVITIES
The Hotline responded to 2£88 questions and requests for documents
in December.
II. SIGNIFICANT QUESTIONS AND P£SOLVED ISSUES
A. RCSA
1. The financial requirement regulations (40 CFR §264 and §265, Subpart H)
require that cwners and operators of all hazardous waste management
facilities establish financial assurance to cover the cost of closing
their respective facilities. The regulations provide six methods for
establishing financial assurance. One method is a financial test and
corporate guarantee for closure (§264. 143 ( f) ( 10) and §265.143(e) ( 10) ) .
Using this method, a parent corporation (guarantor) can provide the
financial assurance for an owner/operator of a subsidiary company. If a
facility becomes a separate company, completely autonomous from the parent
company, may the ex-parent company provide financial assurance for the
owner/operator of the newly independent company?
No; the ex-parent company may not provide financial assurance for the
newly independent company. Sections 264.143(f ) (10) and 265.143(e) (10)
state that "The guarantor must be the parent corporation of the owner
or operator." Therefore, the newly independent company must establish
its own financial assurance since its ex-parent company can no longer
function as its guarantor. This financial assurance must be in place
upon independence.
Source: Joe Freedman (202) 382-7700
Research: Gordon Davidson
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2. If a facility's interim status is terminated, nust -£he cwr.er/ccer-icor of tr.e
facility still T^eet trie §265 interim status standards cor closure, pcsc-closur^,
and.financial responsibility?
Yes; a facility which has had its interim status terminated ^tust .nee:: 5255
standards, including those for closure, pest-closure, and financial
responsibility. A technical amendment to the interun status standards
which was published in the November 21, 1984 Federal Register (49 FR 46094)
clarified that interim status standards are applicable to facilities whose"
interim status is terminated until their closure and post-closure require-
ments are fulfilled.
Source: Libby Scopi.no (202) 475-8731
Research: Hilary Sotmer
3. A treatment, storage, or disposal facility (TSDF) has agreed to accept "empty
containers" per §261.7. Upon receiving the containers (55 gallon drums), the
TSDF found that although the containers held less than one inch, the containers
could be and were emptied further by inverting the container and pouring out
additional hazardous waste. According to §261.7(b)(1)(i), a container that.
has held hazardous waste is empty if all wastes have been removed that can be
••• removed using the practices commonly employed to remove materials from that
type of container, e.g., pouring, pumping, and aspirating. If the TSDF further
empties the container by pouring, was the container "empty" -when received even
though it held under one inch of material?
No; the container was not empty. Preamble language to the August 13, 1982
Federal Register (47 F3 36093) states that "it should be clear that one
inch of waste material is an overriding constraint and may remain in an
empty container only if it cannot bje_ removed by normal means." This
indicates that a container must be emptied by pouring, pumping, and
aspirating. Then, if the container holds less than one inch, the container
is empty per §261.7.
Source: Alan Corson (202) 382-4776
Research: 3ill Rusin
An interim status facility has a surface impoundment for storing a hazardous
waste. This facility wants to build another storage surface impoundment for
a new product line which will produce a hazardous waste that was not designated-
on the facility's 'Part A application. Would building such a storage surface
impoundment for accepting a generated hazardous waste new to the facility be
considered an increase in design capacity (§270.72(b)) or a process change
(§270.72(c»?
Adding a new storage surface impoundment would be an increase in design
capacity. This would not be considered a process change since the process
is not changing; the new unit is also a storage surface impoundment
(designated S04 on a Part A). An increase in design capacity requires the
owner/operator to submit a revised Part A application, which includes a
justification for the change, and to obtain approval from the Regional
Administrator or State Director (§270.72(b)). Also, the owner/operator
must comply with §270.72(e) concerning reconstruction of the facility.
Source: ' Debbie Wblpe (202) 382-4754
Research: Tom Gainer
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5. A private laboratory ^er.erates a variety of hazar-ct:s -.vast^. The lab has
about 200 Lab technicians who may handle the wastes. Must these lab
technicians be trained to handle hazardous waste, and, if so, .-oust there
be dccunentation of their training?
. ~ i ">
The lab technicians .Trust have training to the extent necessary to ensure
safe handling of the wastes. Per §262.34(a) (4), the generator Trust
comply with §265.16 on training of personnel handling hazardous
waste. Section 265.16(d) requires that training records be kept at
the facility. The generator could categorize positions (i.e., super-
visors, lab technicians, etc..) and list the individuals names in those
categories with a description of the training for that group.
Source: Tony 3aney (202) 475-3728
Research: Denise Wright
5. A company owns several facilities which generate waste solvents. The
company is considering using an outside contractor with a mobile recycling
unit to go to each facility on a regular basis to recycle the waste solvents
on-site. The contractor would generate from the recycling process a useable
solvent product and sdill-bottom wastes. The contractor would leave both
the product solvent and still-bottom waste at the facility in which the
recycling took place. Under RCRA, who is considered the generator of the
still-bottom wastes; the facility or the contractor with the mobile unit?
Also, would the generator be allowed 90-day accumulation of the still-bottom
wastes per §262.34?
This situation where one person owns and operates a manufacturing unit
and another person is used to reclaim spenc solvents and spent catalysts
is addressed" "in the October 30, 1980 Federal Register (45 FR 72024). The
definition of generator in §260.10 is "... any person, by site, whose act:
or process produces hazardous waste..." Thus, both the owner/operator of
the facility and the operator of the mobile, recycling unit could be
considered generators of the still-bottom hazardous wastes. However
"the Agency ... recommends that -where two or more parties are involved,
they should mutually agree to have one ?ar"ty perform, the generator
responsibilities. Where this is done, the Agency will look to that
designated party to perform the generator duties. If EPA does not know
-which party by mutual agreement is appointed to carry out the generator
duties, the Agency will ... initially lock to the operator of the unit
to fulfill the generator duties..." (45 FR 72020). The 90-day accumu-
lation period would apply in this case per §262.34.
Source: Carolyn Barley (202) 382-2217 ^1 ^5 3-CM
Research: Gordon Davidson
B. CERCLA
.Monitoring wells have been placed at a CERCLA site. Cnce the wells are
evacuated, it takes one to one and a half weeks for the wells to recharge.
EPA guidance on well sampling has indicated that before taking a sample
the well should be evacuated 4 to 10 casing volumes prior to sampling. If
this procedure were to be followed at this site, however, it could take
two to four weeks to get a sample. Does the Agency provide any guidance
on groundwater sampling in areas with slow recharge?
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