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 0 FINAL D DRAFT STATUS: Kfr] D--In-develoompnf iJT^circulafinf" REFERENCE (other documents)- -** •* ^ . ^&-,»; r^, A-y Pend ing* OMB." app r oval "C";?^ B'-JPen^ing AA-OSWER approval OS !/!/£/? OS WER OS WER /£ DIRECTIVE DIRECTIVE Di ------- MISCELLANEOUS DOC: 9560.02(85) < 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. ------- ,,, 5^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. O.C. 20-160 JANUARY 25, 1935 0"'C£ D 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 ------- -2- 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 ------- -3- 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? ------- |