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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