oEPA United St Environmental Protection Agency Off ice of Solid Waste and Emergency Response DIRECTIVE NUMBER: 9476.03(85) TITLE: Permitting Units Created for Facility Closure APPROVAL DATE: io-u-85 EFFECTIVE DATE: io-n-85 ORIGINATING OFFICE: office of solid waste E FINAL D DRAFT OTATIIC ^ J A~ Pendin8 OMB approval STATUS: [ ] B- Pending AA-OSWER approval [ 1 C- For review &/or comment [ ] D- In development or circulating REFERENCE (other documents): headquarters OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- -PARTS 264-265 SUBPART G - CLOSURE AND POST-CLOSURE DOC: 9476.03(85) Key Words: Closure, Post-Closure, New Units, Part A Applications Regulations: 40 CFR Parts 264 and 265 Subpart G, 270.72(c) and (e) Subject: Permitting Units Created for Facility Closure Addressee: Hazardous Waste Division Directors and Branch Chiefs, Regions I-X Originator: Bruce R. Weddle, Director, Permits and State Programs Division Source Doc: #9476.03(85) Date: Summary: 10-11-85 This memo reiterates EPA's position that new hazardous waste management units built specifically to accomplish closure of regulated units requires either a permit or. a revision to the Part A. If the Part A is revised, the Director must agree that the new unit is necessary for the owner/operator to comply with Part 265 closure requirements. ------- 9476.03 (85) UNITIX STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 SEP M B85 „,„„„, SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: Permitting Units Created for Facility Closure . FROM: Bruce R. Weddle, Director Permits and State Programs Division (WH-563) TO: Hazardous Waste Division Directors and Branch Chiefs Regions I-X This memorandum addresses the question of whether hazardous waste management units built specifically as part of the closure process must by covered by RCRA permits. Some facilities have proposed closure schemes which involve the creation of a new tank, impoundment, pile, or incinerator to manage hazardous wastes exhumed and/or transferred during closure. A number of owners/ operators have argued that creation of these new units is a necessary and temporary measure to accomplish closure of regulated units. They have sought to have the new units approved in their Part 265 closure plan rather than through the permit process. In all cases, the addition of new units requires more than closure plan approval. In some cases it requires a permit. The Part 264 standards apply to new units added during closure as well as to new operating units. The regulations do not provide a means for exempting new units from the permitting standards simply because they are used in the closure process. Alternatively, the addition of new units may constitute an allowable change to a facility during interim status. According to $270.72(c), changes in processes or addition of processes may be ^allowed if a revised Part A and justification are submitted, and the Director approves the change because of an emergency situation or because it is necessary to comply with Federal regulations or State or local laws. In the case of adding a new unit for closure, this section could be applicable if the Director agrees that the additional unit is necessary for the owner/operator to comply with Part 265 closure requirements. In no case, however, may the cost of adding these units exceed 50% of the cost of building a comparable entirely new facility ( §270. 72( e) ) . cc: Permit Section Chiefs, Regions I-X Peter Guerrero Terry Grogan Carole Ansheles Amy Mills Dave Pagan ------- |