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

-------
 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.

-------
                                                               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

-------
                                -2-
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

v
-------