vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9471.05(84)
TITLE:
Interim Status Standards for Owners and Operators of Hazardous «aste
Treatment, Storage and Disposal Facilities
APPROVAL DATE: H-21-i
EFFECTIVE DATE: 1 ^21-
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
[
I
[
] A- Pending OMB approval
j B- Pending AA-OSWER approval
] C- For review &/or comment
] D- .In development or circulating
headquarters
REFERENCE (other documents):
OS WER OS WER OS WER
/£ DIRECTIVE DIRECTIVE Di
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PARTS 264 AND 265 SUBPART A - GENERAL
DOC: 9471.05(84)
Key Words: Interim Status
Regulations: 40 CFR 265
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Interim Status Standards for Owners and Operators of Hazardous Waste
Treatment, Storage and Disposal Facilities
N/A
EPA
#9471.05(84)
11-21-84 - Federal Register, pp 26094-5
The technical amendment to Section 265.1 clarifies existing interim status
standards regarding applicability of requirements to facilities whose interim
status is terminated and does not change any substantive requirements. It
states specifically that Part 265 requirements apply to an interim status
facility until either a permit is issued under Section 3005 of RCRA or until
all applicable Part 265 closure and post-closure responsibilities are fulfilled,
The amendments are effective December 5, 1984.
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Wednesday
November 21, 1984
Part IV
Environmental
Protection Agency
40 CFR Part 265
Interim Status Standards for Owners and
Operators of Hazardous Waste
Treatment, Storage and Disposal
Facilities; Technical Amendment
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riRONMENTAL PROTECTION
JENCY
40 CFR Part 265
interim Status Standards for Owners
and Operators of Hazardous Waste
Treatment, Storage and Disposal
Faculties
A6tM€v: Environmental Protection
Agency.
ACncus Technical Amendment
SUMMARY The Environmental Protection
Agency is today promulgating a
technical amendment to the interim
status standards for owners and
operators of hazardous waste facilities.
This amendment merely clarifies the
existing interim status standards
regarding the applicability of
requirements to facilities whose interim
status is terminated. Today's
amendment does not change any
substantive requirements.
OATC These amendments are effective
Decembers. 1984.
A9OMC33: Background material relating
to this amendment is maintained by the
Docket Clerk. Office of Solid Waste
(WH-562). U.S. Environmental
Protection Agency. 401 M Street SW, .
Washington. D.C 2)480. The docket is
available for viewing from 9tfO a.m. to
•00 p.m, Monday thru Friday, excluding.
oitdays.
ro« FUMTMEII INFORMATION CONTACT:
The RCRA Hotline, toll-free at (800) 424-
9340 or 382-3000 in Washington. O.C: or '
Libby Scopino in the Office of Waste
Programs Enforcement U.S
Environmental Protection Agency,
Washington. O.C. (202) 473=4731.
SUPPLEMENTARY IMFORMATlOte EPA has
promulgated regulations implementing
Subtitle C of the Solid Waste Disposal
Act as amended by the Resource
Conservation and Recovery Act of 1976.
as amended (RCRA). 42 U.S.C 6901 at
sec* establishing a comprehensive
program for the handling and
management of hazardous waste (40* ••
CFR Parts 280-285. 270. 271, and 124). '
Pursuant to Section 300S(a) of RCRA.
the regulations require owners or
operators of hazardous waste
management facilities to have a permit
Recognizing that EPA would not be
able to issue permits to all hazardous
waste management facilities at once.
Section 300S(e) of RCRA provides that a
hazardous waste management facility
that meets certain requirements will be
treated as having been issued a permit
EPA refers to such an owner or operator
s one who has interim status.
Section 3004 of RCRA requires EPA to
promulgate performance standards
applicable to owners and operators of
facilities that treat store or dispose of
hazardous wastes. These Section 3004
standards are independently
enforceable national standards which
are separable from the Section 3009
permit/interim status provisions. See 45
FR 331S8 (May 19.1980).
EPA promulgated both Part 284
general permitting standards and Part
285 interim status standards under the
authority of Section 3004. EPA has. by ~
regulation, limited the requirements for'
facilities with interim statue to those
found ia 40 CFR Part 28S. See 49 CFR
27Q.n(b). Pursuant to i 285.1 of the '".
RCRA regulations, the standards in Part
285 apply "during the period of interim
status." These standards apply to
owners and operators of hazardous
waste facilities who have fully complied
with the interim status requirements,
."until final administrative disposition of
'their permit application is made." ;
(S 285.1(0)). :
The wording of g 28S4(b) implies that
once a facility's interim status ie
terminated the facility would no longer
have to meet the Part 285 interua status
standards including the closure. post- .
closure and financial responsibility •
requirements. However. EPA has the
statutory authority under Section 3094 to
enforce the Part 285 standards at
facilities which no longer have interim •
status. Some sections of the regulations
clearly reflect that authority. For
example, the provisions ia i 285.&12(c)
and i 265.118(c} clearly require facilities
whose interim status has been
terminated to meet certain Part 285
closure and post-closure requirements.
Section 28&il2(c) requires that
The owner or operator muat submit hie
dosure plaa to the Regional Administrator at
least 180 days before the dale ha expects te
begin closure. The owner or operator must
•about bit datura plaa to the Region*! -
Administrator no later than tS day* after;
(1| Termination ofiaterim status (except
when • permit is issued to the facility
simultaneously with terminatioa of interim •
status: (emphasis added))
(2) Issuance of • judicial decree or order
under Section 3008 of RCRA to cease
receiving wastes or dose.
Clearly, i 28S.112(c) envisioned that
facilities would submit closure plans for
approval subsequent to the termination
of the facilities' Interim status. •
Further, many of the other substantive.
requirements of Part 285 are dearly
stated to be applicable until final :
closure of the facility is certified. For
instance. S 265.147(e) requires that
liability insurance be maintained by the
owner or operator of a facility until the
certification of final closure is received
by the Regional Administrator. A
facility's interim status may be
terminated prior to certification of final
closure. In those instances, the Agency
requires the facility whose interim
status has been terminated to maintain
liability insurance in spite of the
language in { 285.1.
As stated above. EPA believes that it
has both the statutory and regulatory
authority to apply the Part 265 standards
to those facilities whose interim status
' has been terminated. However, in order
to clarify the Part 283 standards, the
Agency is amending Section 265.1 to
state specifically that the Part 285
requirements apply to an interim status '
facility until either a permit is issued
under Section 3005 of RCRA or until all
applicable Part 285 closure and post-
closure responsibilities are fulfilled.
Good Cause) Exception
This technical amendment is
published without prior notice and -
comment because the Agency believes
that such notice and comment is
unnecessary pursuant to the good cause
exception in the Administrative
Procedures Act S U&C Section
5S3(APA). Today's amendment merely
clarifies an existing Agency rule and as
such is a routine, insignificant technical
amendment The impact of the
amendment on the public ii insignificant
because the amendment does not
impose any new substantive
requirements. It merely codifies the
already implied requirement that
owners and operators of facilities whose
interim status is terminated must comply
with the applicable Part 265 standards
until final closure and post-closure
responsibilities are fulfilled.
Effective Date
. RCRA Section 3010(b) provides that
regulations and amendments to
regulations under RCRA take effect six
months from the date of promulgation. •
The purpose of this requirement is to
allow sufficient lead time for regulated
communities to prepare for compliance
with major new regulations. Section
553(d) of the Administrative Procedures
Act (APA) prohibits "publication or
service of a substantive rule... less
than 30 days before its effective date •i
except for good cause."
For the amendment proposed today,
EPA believes that an effective date six
months or 30 days after promulgation
would be unnecessary. These
amendments simply clarify existing
regulatory language and do.not impost
any new substantive requirements. .
Therefore, the Agency Gods that the*?
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Federal Register / VoL 49. No. 226 / Wednesday. November 21. 1984 / Rules and Regulations 46095
jood cause that this amendment be
effective two weeks after publication.
Compliance With Executive Order 12291
Under Executive Order 12231. EPA
must judge whether a regulation is
"major" and therefore subject to the
requirement of a Regulatory Impact
Analvsis. This proposed regulation is
not major because it will not result in an
effect on the economy of $100 million or
more, nor will it result in an increase in
costs or prices to industry. There would
be no adverse impact on the ability of
U.S.-based enterprises to compete with
foreign-based enterprises in domestic or
export markets. Because this
amendment is not a major regulation, no
Regulatory Impact Analysis is being
conducted.
These amendments were submitted to
the Office of Management and Budget
for review as required by Executive
Order 12291. Any comments from OMB
to EPA and any response to those
comments are available for viewing at
the Office of Solid Waste Docket Room
S359-C U&£P.A_ 401M Street 6W_
Washington. D.C 20460.
Paperwork Reduction Act
There is no recordkeeping or reporting
burden associated with today's action.
Regulatory Flexibility Act
The Regulatory Flexibility Act
requires that Federal Agencies prepare
regulatory flexibility analyses assessing
the impacts of proposed rules on entities
such as small businesses, small
organizations, and small governmental
jurisdictions. Such an analysis is not .
required, however. * hen the head of an
Agency certifies that a proposed rule
will not have a significant economic
impact on a substantial number of small
entities. ,
I find that today's proposal, if
promulgated, would have no impact on
small entities because it does not
impose any additional substantive
requirements. Accordingly. 1 certify that
this amendment will not have a
significant impact on a substantial
number of small entities.
List of Subjects In 40 CFR Part 285
Hazardous materials. Packaging and
containers. Reporting and recordkeeping
requirements. Security measures. Surety
bonds. Waste treatment and disposal.
Water supply.
Dated: October 23.1984.
William O. gi"4..l.k..i.,
Administrator.
PART 265-{ AMENDED I
40 CFR Part 289 is amended as
follows:
5265.1 [Amended!
1. Section 285.1 (a) is revised to read
as follows:
(a) The purpose of this part is to
establish minimum national standards
that define the acceptable management
of hazardous waste during the period of
interim status and until certification of
final closure or; if the facility is subject
to post-closure requirements, until post-
closure responsibilities are fulfilled.
2. Section 285.1(b) is revised to read
as follows:
(b) The standards of this part apply to
owners and operators of facilities that
treat store or dispose of hazardous
Vaste who have fully complied with the
requirements for interim status under
Section 300S(e) of RCRA and J 270.10 of
this Chapter until either a permit is
issued under Section 0005 of RCRA or
until applicable Part 265 closure and
post-closure responsibilities are fulfilled.
and to those owners and operators of
facilities in existence on November 19.
1980 who have failed to provide timely
notification as required by Section
3010(a) of RCRA and/or failed to file
Part A of the permit application as
required by 40 CFR 270.10 (e) and (g).
These standards apply to all treatment.
storage and disposal of hazardous waste
at these facilities after the effective date
of these regulations, except as
specifically provided otherwise in this
Part or Part 281 of this Chapter.
Comment: Agitated in Section 30Q5(a) of
RCRA, after the'efTtcnva date of regulations
- under that Section (L*. Parts 270 and 124 of
this Chapter!, the treatment, storage and
disposal of hazardous waste ia prohibited
except in accordance with a permit Section
300S(e) of RCRA provides for the continued
operation of an existing facility that meets
certain conditions, until final administrative
disposition of the owner'* and operator's .
permit application is made.
(Sees. 1006. 20D2(a). 3004. and 3005 of the
Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act of
19T8. as amended. 42 U.S.C MOS. 8812(a).
6924. 6923)
IF* Oat. M-ana rum 11 »** MS «B|
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