vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9480.04(83)
TITLE: Clarification of Inactive/Active Storage and Disposal
• Facilities under RCRA
APPROVAL DATE: 8-17-83
EFFECTIVE DATE: 8-17-83
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
[ ] 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 - TECHNICAL REQUIREMENTS
DOC: 9480.04(83)
Key Words: Active/Inactive Facilities, Storage
Regulations: RCRA. 7003
Subject: Clarification of Inactive/Active Storage and Disposal
Facilities under RCRA
Addressee: Thomas W. Devine, Director, Air and Waste Management
Division, Region IV
Originator: John Skinner, Director, Office of Solid Waste (WH-563)
Source Doc: #9480.04(83)
Date: 8-17-83
Summary:
The distinction between active and inactive facilities is as follows:
"Disposal" is intended to be the final step in handling hazardous waste,
whereas "storage" is an on-going process. "Storage" occurs when waste is held
for a temporary period at the end of which the waste is treated, stored or
disposed of elsewhere. This implies that there will be future management of
the waste after the storage period is over.
Any facility which is storing hazardous waste that was placed on site on
or before November 19, 1980 Is an active facility and .is subject to the provi-
sions of RCRA, even if no hazardous waste was placed on site after November 19,
1980. This applies to storage In surface impoundments, waste piles, tanks and
containers. If a waste pile or surface impoundment Is a storage facility, it
should be managed in accordance with interim status requirements. If, however,
such placement in a surface impoundment or waste pile occurred before November
19,1980, and such placement constituted final disposal, the interim status
requirements would not apply to the facility unless the owner or -operator
engaged in significant management activities after November 19, 1980.
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9430.04 (83)>
AUG I 7 1983
MEMORANDUM
SUBJECT; Clarification of Inactive/Active Storage and Disposal
facilities under RCHA
'PROM:.'" John dkinner
Director
Office or Solid .teste (wa-563)
TO: Thomas W. Oevine
Director, Air and *aste Management Division
region IV
We apologize for the delay in answering your memorandum
of Decemoer 9, 1982, requesting clarification of 6*>A policy
concerning active and inactive storage facilities under RCRA.
The issue was more complex tnan it appeared and our review
includec extensive discussion with the Office of General Counsel
Decora we cause to a decision on the policy questions raised in
your memorandum.
Your interpretation of the distinction between active and
inactive storage facilities is correct. Storage is an ongoing
process as opposed to disposal, wnich is intended to be tne
final step in handling hazardous waste. This interpretation is
based on EPA's existing regulatory definitions of "storage" and
"disposal." "Storage" occurs when waste is held for a cemporary
period at the end of which the waste is treated, storeo or
aisposed elsewhere. Thus "storage" always implies that tnere
will oe future ma^agem^nt of the waste after the storage ,/eriod
is over.///Any facility which is storing Hazardous waste tnat was
placed onsite on lor before .lovemcer 19, i960, is an active storage
facility and is *foject to the provisions or RCRA, even if no
hazardous waste Was placed onsite after Novemoer 19, 194U. This
applies to storage in surface impoundments and waste piles as
well as to storage in tanKS and containers. If a waste pile or
surface impoundment is a storage facility, it should be managed
in accordance witn tne interim status requirements. If, nowever,
the placement of waste in the surface impoundment or waste pile
occurred before tovember 19, 1980, and such placement constituted
final disposal, the interim status requirements would not apply
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to the facilityipkless the owner or operator engaged in
significant aian^&aent activities after (•I'ovenjber 19, 19PO.
EPA can raly upHfffaither $7003 of RCRA or Superfund to mitigate
any adverse impacts. The ownar or operator should also be told
to notify the Office of £jr»rg«ncy and Remedial Response under
the provisions of $lu3(c) of CKKCLA.
If you have any further queations about this issue , please
contact Chaz Millar at (FTS) 322-4535.
cc: Hazardous Waste Division Directors, regions. I-III, v-.<
. Hazardoua l/as-ce BrancQ Chiecs, itegiona 1-X
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