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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