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
                       _J ^.	, -».,- -.

                       ^"'" ""
            ^ ]  A-1-Pending' OMB^approvalV
            L-cJ  B-;Pending AA-OSWER'approval'
            [ €J  S~iF°5? r^^w;&/?
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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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                                  -2-
         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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