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vvEPA
Washington. DC 20460
OSWER Directive Initiation Reauest
Or'ginator information
Name of Contact Person
Georrjo pai
Leao Office
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Man Code
WH-563
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Signature of Office Director
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interim Directive ftlumoer
Telephone Numoer
382-2221
l-;r Review
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Date
Title
Interpretation of 40 CFR 270.70(b)/Termination of Interim Status
Summary ot Directive
The purpose of 270.70(b) is to give an opportunity to the
applicants to amend their deficient Part A. The regulation
does not apply to violations of Part 265 interim status
standards.
The memo also summarizes the ways interim status can be
terminated.
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Tr>,s aequest Meets CSW6R Directives Svstem
i-atLrfe of Lead Office Directives Officer
Date
tt o* OSWER Directives Officer
Date
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Interpretation of 40 CFR 270.70(b)
•FROM: Peter F. Guerrero
Chief, Permits Branc
TO: Michael J. Sanderson
Chief, RCRA Branch
This memorandum is in response to your requests of July 11
and October 9, 1985, and discussions with Chet McLaughiin of
your staff concerning our interpretation of 40 CFR 270.70(b).
Pi ease accept our apologies for the delay in answering your
original request made on July 11.
Section 270.70(b), as amended on April 24, 1984 (49 Federal
Register 17718), requires EPA to issue a notice of deficiency to
an owner/operator of an existing hazardous waste facility who
submits a deficient Part A application. The notice must give
the owner/operator thirty days to explain or amend the appli-
cation before being subject to EPA enforcement action. After
such notification and opportunity for response, EPA may determine
that the facility qualifies or fails to qualify for interim
status. As stated in the preamble of the April 24, 1984 Federal
Register, EPA believes it is reasonable to give permit applicants
an opportunity to cure deficient Part A applications before
interim status is denied or before enforcement action is taken
for operating without a permit.
Your memorandum discussed the application of 270.70(b) to
those protective filers whose "interim status has been admini-
stratively terminated". Specifically, you were concerned that if
an additional waste stream were discovered at such a facility,
the owner/operator would have an additional thirty days to correct
any violations related to that wastestream before EPA could take
an enforcement action.
As stated above, the purpose of §270.70(b) is to give an
opportunity to the applicants to amend their deficient Part A.
The regulation does not apply to violations of Part 265 interim
status standards. Therefore, if a protective filer was later
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determined to be handling a hazardous waste stream not listed
on its Part A application, that facility would be subject to
immediate enforcement action for any violation of Part 265
standards.
Further, as stated in the September 25, 1985 50 Federal
Register 38946 and the June 14, 1983 memorandum from Bruce
Weddle entitled, "Application Withdrawls and Termination of
Interim Status as Conducted in AMAS and Toward Call-in Commit-
ments", EPA does not consider protective filers to have
achieved interim status. Therefore, since such a facility
'never had interim status, there can be no "termination" of
interim status at these facilities. Moreover, if such a
facility were to be in interim status, there are only a few
ways by which that status can be terminated: (i) final dis-
position of a permit is made (§270.73); (2) a facility fails
to submit a Part B application (§270.73); (3) a facility
fails to qualify for interim status, as described above
(§270.70(b)); (4) a 3008(h) order is issued revoking authon-
ization to operate under section 3005(e); or (5) a land
disposal facility fails to certify compliance with ground-water
and financial responsibility requirements by November 8,
1985 (HSWA §213).
If you have any further questions reguarding this issue,
please contact George Faison at FTS 382-2221 or Sarah Culver
at FTS 382-4754.
cc: Bruce Weddie
Clem Rastatter
David Fagan
Tony Baney
RCRA Branch Chiefs, Regions I-X
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