oEPA
               United States
               Environmental Protection
               Agency
            Off tee of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:  9477.00-4

U UTLc. Liability Requirements for Facilities Seeking
    a RCPA Permit   'v


APPROVAL DATE: March 2> 1987

EFFECTIVE DATE: March 2> 1987

ORIGINATING OFFICE:  office of solid waste

9 FINAL
               D DRAFT

                 STATUS:
                REFERENCE (other documents)
            [ ]  A- Pending OMB approval
            [ ]  B- Pending AA-OSWER approval
            [ ]  C- For review &/or comment
            [ ]  D- In development or circulating

                         headquarters
  OSWER      OSWER       OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

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&EPA
               Slat**
            Environment*! Protection
                               Off ic« of
                               Solid Wi«ta *nd
                               Em*rg*ncv R*«pons*
                 DIRECTIVE NUMBER:

                 TITLE:
9477.00-4
                  Liability Requirements for Facilities Seeking
                  a RCRA Permit     N
                APPROVAL DATE: March 2j 1987

                EFFECTIVE DATE: March 2, 1987

                ORIGINATING OFFICE:  ^ ice of

                g FINAL
                                          Waste
            D DRAFT

              STATUS:
             REFERENCE (other documents):
                              [  ]   A- Pending OMB approval
                              [  •]   B- Pending AA-OSWER approval
                              [  ]   C- For review &/or comment
                              [  ]   D- In development or circulating

                                              headquarters
O.QWPA?
      DIRECTIVE
                              DIRECTIVE    D

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 4>EPA
                                      Washington. DC 20460
      OSWER Directive initiation Request
                                                                              ir.;er.n,
                                                                9477.00-4
                                         Originator Informafon
 ame of Contact Person
 lizabeth Cotsworth
                Man Code  -   Branch
                WH-563  Permits  Branch
                                 Telepnone-'Numoer
                                 202-382-4746
ead Office

   D OERR
   E OSW.
Q OUST

CD OWPE

D AA-OSWER
                          Approved 'or Review
Signature of Office Director
                             Date
 tie
   Liability Requirements for Facilities Seeking a RCRA Permit
 ummary of Directive                             •                            ,

 Announces policy of allowing facilities which would otherwise qualify for a RCRA
 permit additional time  to secure insurance or alternative mechanisms for compliance
 with 40CFR 264.147 liability coverage requirements.  In the event liability coverage
 cannot be demonstrated  at the end of the extra  time, the  RCRA permit must be denied.
    Also requests information on land disposal facilities  which do not comply with
 3 264.147 and which face permit denial solely due to this non-compliance
 ^       '  liability coverage; insurance; permits;  FY 1987  SPMS; financial responsibilit
 ype of Directive (Manual. Policy Directive. Announcement, etc.)
                           •

 policy directive
                                                ' Status
                                                I
                                                I
                                   D Draft

                                   £D Final
                                   D New

                                   LJ Revision
                                                                      Yes   [j No
Do«» this Directive Supersede Previous Directiveis;?  |_J Yes  [^ No   Does It Supplement Previous Directive(sP
 "Yes" to Either Question. What Directive (number, title)
 #9901 - Enforcement of Liability Requirements for Operating RCRA Treatment, Storage,
         and Disposal Facilities     _ : __ • _
 eview Plan

   © AA-QSWER
   O OERR
   SB OSW
D OUST

(El OWPE

LJ Regions
CD OECM

D OGC

D OPPE
D
Other (Specify!
 his Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
                                                                             (Date
Signature of OSWER Directives Officer
                                                             [Date

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                         •          OSv/ER DIRECTIVE  WO.  9477.00-4


           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C. 20460

                                 I  1987
                                                        OFFICE OF
                                               SOLID WASTE AND EMERGENCY flESPONSE
MEMORANDUM


SUBJECT:  Liability Requirements for Facilities Actively
          Seeking  a RCRA Permit        -
              /y  -    -i/ &-
              A/Z^-^  fff^&T*
FROM:     J. Winston 'Porter"
          Assistant Administrator

TO:       Waste Management Division Directors
          Regions  I - X.


     As you know, before a treatment,  storage,  or disposal facility
is issued a RCRA permit,  §270.14(b)(17 )  requires that the facility
demonstrate its ability  to comply with the liability coverage
requirements of §264.147.

     We ara aware  that a number  of  facilities with Part B permit
applications currently undergoing review by SPA and the authorized
States do not have insurance  coverage  and cannot otherwise demon-
strate compliance  with the §264.147  liability coverage require.i.nents.
The permit applicant's inability to demonstrate compliance with this
important financial responsibility requirement  is grounds for permit
denial under §270.10(e)(5).

     The constrained insurance .market  which currently exists makes
the §264.147 requirement difficult  to  meet.  We are especially con-
cerned about facilities  that  are actively seeking a permit and can
satisfactorily demonstrate compliance  with the  other Part 264
regulations.  Some of these  facilities face permit denial solely
because of the limited availability of insurance.

     As we agreed  at the October,  1986 Division Director's Meeting,
we believe it is appropriate  to  grant  such facilities additional
time prior to final action on the permit,  to make concerted efforts
to secure insurance or provide an alternative mechanism for liability
coverage.  Six months is suggested as  sufficient extra time; however,
facility-specific  adjustments can be made in order to be consistent
with compliance orders issued pursuant to the October 29, 1986,
memorandum on "Enforcement of Liability  Requirements for Operating
RCRA Treatment, Storage,  and  Disposal  Facilities."  Facilities that
are close to either a Notice  of  Intent to Deny  (NOID) or permit
denial solely for  failure to  meet the  §264.147  liability coverage

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                                                     OSVO POLICY DIRECTIVE NO.

                                                      4':  •:  .  00-4   3
                                -2-
requirements should  be  notified immediately that  farther permit
processing will  be  delayed for the duration or  this final opportunity
to demonstrate compliance with §264.147.  Some  of  these facilities,
for instance, may be able to -take advantage of  the recently promul-
gated corporate  guarantee.  Others may now find  it easier to locate
an insurer.  At  the  end of the additional period of time, if the
applicant still  does not have an acceptable financial  instrument
in place, the permit is- to be denied.

     It should be understood that approving an  additional few
months for facilities to provide the necessary demonstration of
compliance with  our  §264.147 liability coverage  regulations
does not justify delaying any land disposal facility's permit
issuance/denial  beyond  the November 8, 1988 deadline.

     To the  extent  facilities accorded this additional time are
approaching  NOID or  permit denial during the  next  few  months, . I.
realize this policy  may affect the Regions' abilities  to meet      .  -
quarterly SPI4S targets.   Regions should identify,  on a.facility-
specific basis,  the  permitting targets for the  second  and third
quarters of  FY 1987  that will be -missed due to  the exercise of
this policy.  The revised schedules for draft and/or final permit
determinations should also be provided.  This information should
be submitted in  writing to Susan Bromm, Act i .19-  Director,  Permits
and State Programs  Division, by March-30, 19-37.   The Office
of Solid Waste (OSW) will use this information  in the quarterly
SPMS briefings for  me and the Deputy Ad minis -ira tor'.  In this way,
managers at  both the Regional and national level  will continue
to focus on  the  liability coverage issue and  the  utility of this
policy.

    - In -addition to  the near-term SPMS reporting  information,
OSWER also needs to  be  able to accurately characterize the problems
that operating hazardous waste facilities are facing in regard to
insurance for liability coverage.  VJhereas OSWER has previously
relied upon  informally-gathered or anecdotal  information, it has
become increasingly  important for OSWER to have  more facts about
the magnitude of the problem.  I am, therefore,  asking for
an overall list  of the  land disposal facilities  in your Region
that are currently  seeking an operating permit  but are not in
compliance with  §264.147.  Among these, you should identify the
facilities which, in the judgment of the Region,  will not
qualify  for  a RCRA  permit due solely to their lack of liability
coverage.  This  information should be  submitted  to Susan Bromm
no later than March  17,  1987.

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                                                    OSl'O POLICY DIRECTIVE NO.

                                                  947-5  * 00--4   £
     Please contact Matt Hale (FTS 30?-474G) or  Slizabe t;-i Cotsworth
(FTS 3S2-4746) if there  are  questions regarding  this  jpolicy or the
i nf o rma t i G n b 2 i ng r eq ue s t ad  f r oni e ach . of yo u .
cc:  Susan B
     Jim Michael
     Kim Ogden
     Susan .Vosher
     Thad Juszczak
     Jackie Tenusak
     Sue oladek
     Elizabeth. Cotsworth -1
     ^att Halo
     Perrr.it Section Chiefs,  Regions I-Y.
     p.CRA Branch Cniefs, Regions I -K

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