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 ------- 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. ------- 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 ------- 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*? ------- 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| ------- |