vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9560.03-85;
TITLE: Joint'Permitting and Compliance^Schedules-for
Corr2ct:.ve -ct^o-i -'
APPROVAL DATE: 05/08/85
EFFECTIVE DATE: 05/08/85
ORIGINATING OFFICE: >sw
0 FINAL
D DRAFT
STATUS
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^ ] A-1-Pending' OMB^approvalV
L-cJ B-;Pending AA-OSWER'approval'
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MISCELLANEOUS
DOC: 9560.03(35)
Key Words: HSWA, Joint Permitting, Corrective Action
Regulations: HSWA §3004(u)
. " 1 •
Subject: Joint Permitting and Compliance Schedules for Corrective Action
Hazardous Waste Division Directors, Regions I-X
Addressee:
Originator:
Source Doc:
Date:
Summary:
John H. Skinner, Director, Office of Solid Waste.
See Miscellaneous [9560.07(85)]
5-8-85
The memo discusses Agency policies on Joint Permitting and Compliance
Schedule for Corrective Action.
Joint Permitting
. States with Phase II or final authorization are exempt from the joint
permitting requirement if they issued public notices of draft permits prior to
April.8, 1985, and plan to issue final permits before the.end of FY 1985.
Compliance Schedules for Corrective Action
A Region may issue the Federal portion of the permit addressing corrective
action without having completed: (a) the identification or characterization of
releases or (b) the identification of all solid waste management units, provided
those actions are addressed fn a schedule of compliance in the permit.
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)3 (3;
SUBJBCTi !OVSup^z?uh3~BDtlini Itonthly Status Saport <-^7?ttbrviaty 1385 ~-I
FKJU Carolyn Barley, Project Oficiar _ - -
Cffin a£ Solid. Iwata i352-2217 ^,
± •'•>*.'.. . ' ,
Barbara Boetage, Project Officer . . .
Office of Bmrgency and Jfenedlal
^^
TCt
The Hot line iyn»W to 3»919 quMtlona and rxyj««t» Car AunjMiuui '^a Jacuary
Callers "have baen particularly intarestad in th« now definition of aolid waste
and hear it affocta haxardoua waste recycling* The final aolid wots definition
and new recycling standards were prooulgatad on January i, 1985 (50 FBI «14)»
Callers are also eztnsoely intarested in the proposed Part 244 standards for
hazardous waste fuels and used oil fuels burned for energy recovery in boilers
and industrial furnace* (50 FR 1684, January U, 1585). These standards would
prohibit non-industrial boilers from burning K«Mrrv-im waste and off-specifi-
cation used oil* Also proposed are administrative controls on persons who
•arket or burn hazardous waste and uaed oil for energy recovery, as well as
storage standards for processed or blended nazardous waste fuels*
II. SIQJIFICAMT QUESTIONS AND RESOLVED ISSUES
A. RCRA
1.yihe New York State Health Department" deemed a house unfit for habitation
V^/ due to excessive chlcrdane levels in the soil around the house. The soil
contaminated with chlordane was removed and placed in 55-gallon dnns.
The removal resulted in 45 drurrs of contaminated soil with an average
concentration of 50 ppm. Is this contaminated soil a RCRA hazardous
waste?
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Tb» onnraatnatod ooil ia foot a SC8A listed hazardous vesta. Chiordane
could only ba oonaidarod a FOA haaardoua waste 12 it waa discarded
prior -to uae or was a container or spill residua* If chlordane oat
any <&*• of theee critaria, it would be a liatod hazardous waste (U03$),
aa listad and daocrlbod in 40 C7S ?261.33. In thia situation, however,
none of theoe critaria were net because chlordane was applied as a
commercial chemical product* The generator must still determine If
±hm contaminated aoil exhibits any of the four RCRA charactariatico
(EP toxic, ignitabla, corrosive, reactive)« If tha aoil .
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facility is act in ceaplianre wita 2CSA* 2» facility should
haw auddsn and ^a«*ffp»Vi liability insurance for the surfaca
ispoondaent ontil certification of closure. is recsived either by
ths> Beg tonal Administrator or Stats Director, depending on which
IMS program sutfaarlftatlaB (f»5.147(e))» Certification of closure
Is addressed sen fully In 5265.115.
Sourcei arola AMth«l« (202)
Section 213 of th» ICRA anandbKitB rtquir** thiit ownerv/apvratars of land
. B
application* onrtify ooaplianc* with applicable graaicMecr •onitotinq
and financial rMponaibility requirements by Movorober 8, 1^5. it
cvquirwnts aarv not ••£« interim ctxtus is faegiinarteti. **"Mld an owner/
operator with a trsatnent auriace ispoundaent operating under interim
status fall under the requireneots of Section 213 and/ therefore be re-
quired required to suteit « 9art B and an ayyin^iate oertifioetion by
t, IMS? -
Yes i the owner/opalatur of a treacsent surface
^^^^^^^^•^ 9 ^^ ^^B^ a^a^ AbA^^^h i^^^k^^A • J ^^^^^^^^^^^^^^^^^ ^^^^i f^^^^^^to J ^^^^h *^ ft ^ f9sw_^A *e^^^^C 4 ^^a* e^ 4 ^^^^
^oiK/A7 WAWV ens ratjiursfflBRca oc section 4A4« • Tne oecuucioB
land disposal units includes all land based hazardous
ssmt units. * Thereforef owner/operators of facilities with landfills,
surface irocundments, waste piles, and land treatment units sust
coeply with Section 213* - - .- . •-. ^ - - - •••>.-.
»r^«4^-^•*** *™*i^ ••••>
5. An owrjer/operartor of a hasardous wests Bsnagereent facility operating under
intsrixi status is considering expanding tfce facility to incorporate new
technologies. Section 270.72(e) states that changes to such a facility
cannot occur if the changes aoount to reconstruction of Che facility.
Section 270.72(e) further states that •Reconstruction occurs when the
capital investment in the changes to the facility exceeds fifty percent
of the capital cost of a comparable entirely new hazardous waste management
facility.* Does this fifty percent apply to each expansion at the facility
or to total expansion costs over the interia status period?
Th« fifty percent of capital cost pertains to the total expansion
costs over the interia status period, not to each individual expansion.
Expansion costs would include the cost of the land and construction,
but not design and engineering costs. Further information on this
topic is contained in RIL 198 (Regulatory Interpretive Latter)
available through the Hotline.
Sourcei Debbie Wolpe (202) 382-4754
B. G2XXA
1. An owner/operator is considering cleaning up ccntacxinated soil at her
facility. The owner/operator would like to use the sane nethods EPA
employs in its Superfund progr^i. Specifically, the owner/operator IB
Interested in information regarding site control to limit access to
contaminated areas and reduce the potential of exposure. V4\at basic
guidelines are followed at EPA cleanups?
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EPA follow* procedures out!Load la •Standard Operating Safety Guide*,*
November 19*4. this document I* available from Ttw Soil of EPA in
Cincinnati, ttxio, at (513) 684-7537. The section applicable to
aomtrolled access to contaminated sitas la Section *, "Site Control-
7&art( Sonee.11 Briefly, this section describes the esrnhUnt^enrir oC
three work scneai Seclusion Ions* Contamination Reduction Sonet and
Support Ion§. the Exclusion Son* contains the contaminated araas.
Access points in and out of this sena should be strictly oontxollad.
£il£Q, parsons entering this tone should have proper protect ion, (i.«.,
respiratory protection, protective clothing* hard bat* etc.)*
Depending on tba- type of site, the Exclusion lone may contain sub-
ereaa conr.ain.tng contaminants of differing types and riaka* H^e
outerooet part of the site is the Support Zone. The Support Zone is
considered the clean area where tb»- ocranand poet, equipment etoraQef
and staging area are located. Connecting the Support Zone and Occlusion
Sena la U*» GantaadAafcion Deduction Zone. Tbe Contamination deduction
Sena la a transition area where wccicars -ura decontaminated and accees
la tnfa*^Tr}k^^^T Fr-» 'we infooMition on wuck ACVIOS and other Supertruod
.cleanup quidelioea, the aJoovementicned document should be consulted.
is Bans Cnap (202) 382-2138
2. OtL ranks- mt.vnt ml 1 art hazardous wmata site* to detaandaa risk and possible
' Vinelusicn en tfae National Priorities List (NPL) by using the Hazard Ranking
'System (HBS). Appendix A of CM national Contingency Plan (47 £R 31180,
July l€f 1962) contains a users* manual for the HKS. Mheo applying the
If aay eoly CERCLA hazardous substances be used or may pollutants and
as mentioned in O3CLA Section 104 (a)(l), alao be used?
evaluating sites using the HRS, SPA ccnsidars both haa
substances and pollutants or contaminant*. A list of the (TJCA .
hazardous substances may be found at 48 FR 23552, Hay 25, 1983.
Sourcei Jos Gssro (202) )82-44tS -~ ' •-•<••«:,
3. A BCKA pexaittad land disposal facility accepts many different kinds of
hazardous wests. Bscent investigations reveal that there may be non-
peaaitted releases of hazardous waste and hazardous waste constituents
from the landfill. The owner/operator is considering closing the facility
because it is leaking. If this facility became a Superfund site in the
future, would a generator who had placed hazardous waste there be liable
unoer Superfund for the cleanup?
Yes) the generator would share liability for such a Superfund cleanup.
Under CEPCLA Section 107 (a)(3), a generator would be liable for
removal and remedial action costs as well as for danages to natural
resources. The generator would share liability vith other generators,
transporters who selected the disposal site, and past and present
owners and operators of the RCEA disposal site.
Sources Gail Cooper (202) 382-7700
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