5EPA
United States
Environmental Protection
Agency
Off tee of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9477.02(84)
TITLE: EPA Authority to Enforce Subpart H Compliance at
Facilities Located on State-Owned Land
APPROVAL DATE: 1-30-84
EFFECTIVE DATE: 1-30-84
ORIGINATING OFFICE: office of solid waste
El FINAL
D DRAFT
STATUS:
[ I
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A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (other document*): headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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"PARTS 264 AND 265 SUBPART H - FINANCIAL RESPONSIBILITY
DOC: 9477.02(84)
Key Words: Financial Responsibility Requirements
Regulations: 40 CFR 140(c), Subpart H
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
EPA Authority to Enforce Subpart H Compliance at Facilities
Located on State-Owned Land
Harry Seraydarian, Director, Toxics and Waste Management
Division, Region IX
John H. Skinner, Director, Office of Solid Waste X
#9477.02(84)
1-30-84
Under 40 CFR 140(c), States and the Federal government are exempt from
Subpart H regulations. Therefore, EPA does hot have authority to enforce
compliance with financial responsibility requirements in facilities located on
State-owned lands. Only the State may require the facility to demonstrate
financial responsibility by contractual arrangement.
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9477.02 (84)
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MEMORANDUM a.
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SUBJECT: U.S. Ecology's Nevada Facility and Financial M
Responsibility £
FROM: John H. Skinner, Director T
Office of. Solid Waste (WH-562) S
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TO: Harry Seraydarian, Director . - *•
Toxics and Waste Management Division 7i
Region IX (T-l) o
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Your nenorandun of April 5 requested connents on the l-
Notice of Deficiency you sent U.S. Ecology. 2:
While I sympathize with your desire to ensure that all
Whle I sympathze wth your desire to ensure that all
owners and operators demonstrate financial responsibility, EPA
is not in a position to require such compliance in this instance
Section 140(c) of the regulations clearly exempts the Statas
and the Federal government from the Subpart H regulations.
Therefore, EPA does not have authority to enforce compliance
with the financial requirements since the U.S. Ecology facility
is located on land owned by the State of Nevada. Only the
State of Nevada may require U.S. Ecology to demonstrate
financial responsibility by contractual arrangement.
This point is covered in both the January 5, 1933 letter
to U.S. Ecology and the May 11, 1983 memorandum to you (copy
attached). I want to reassure you that my staff had extensive
conversations with your staff before the January letter was
issued. -I hope this clears up the natter for you.
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Attachment
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