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 ------- &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 ------- 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 ------- • 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 ------- 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. ------- 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 ------- |