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
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-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.
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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
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