United States
Environmental Protection
Agency
oEPA
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9930.13-* 4
TITLE: Accepting Nonhazardous Waste After Losing
Interim Status
APPROVAL DATE: 12/20/35
EFFECTIVE DATE: 12/20/85
ORIGINATING OFFICE:
S FINAL
D DRAFT
LEVEL OF DRAFT
OWPE
DA — Signed by AA or DAA
G B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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United States Environmental Protection Agency Interim Directive Number
A p- F> A Washington. DC 20460
KX t PA OSWER Directive Initiation Reauest 9930-1
1
Name of Contact Person
Jackie Tenusak
Lead Office n
LJ OUST
U OERR 0 OWPE
D OSW Q AA.QSWER
Title
Accepting nonhazardous
Summary of Directive
Guidance on whether an
may continue accepting
on 11/18/85.
Loss of interim status
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Originator Information
Mail Code Telephone Number
WH-527 475-8729
Approved for Review
Signature of Office Director • / Date
7% d l(^.k f-30'*~
wastes after Losing Interim Status
d under what circumstances a. land disposal facility
non-hazardous wastes after losing interim status
isposal at Subtitle C facilities.
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Type of Directive (Manual, Policy Directive, Announcement, etc.) Status
D Draft O New
Guidance ^ Final LJ Revision
Does this Directive Superseda Previous Directive(s)? |_j Yes [_J No Does It Supplement Previous Directive(s)? |_J Yes £3 No
If "Yes" to Either Question, What Directive (number, title)
Review Plan
D AA-OSWER D OUST
D OERR D OWPE
D OSW D Regions
This Request Meets OSWER Directives System
Signature of Lead Office Directivefifcrficer
W.i $%-
Signature of OSWER Directives Officer
LJ OECM LJ Other (Specify]
D OGC
D OPPE
Format
Date
5^- 30 - &~
Date
EPA Form 1315-17 (10-86)
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Accepting Nonhazardous Wastes After Losing
Interim Status
FROM: Gene A. Lucero, Director
Office of Waste Programs Enforcement
TO: Hazardous Waste Division Directors
Regions I - X
This memorandum provides guidance on whether and under what
circumstances a land disposal facility may continue accepting non-
hazardous wastes after losing interim status on November 8, 1985.
On September 25, 1985 EPA's policy regarding the Loss of
Interim Status provision (Section 3005 (e)(2) of RCRA, as amended)
for interim status land disposal facilities was published in the
Federal Register (50 FR 38946). The notice stated that owners and
operators of interim status land disposal facilities that lose
interim status as a result of failure to apply for a final permit
determination and/or to certify compliance with all applicable
ground-water monitoring and financial responsibility requirements
must stop introducing wastes into affected facilities or units on
November 8, 1985. The purppse of this memorandum is to clarify
the policy with respect to the receipt of nonhazardous wastes by
those facilities that no longer have interim status.
The Agency considers it good practice to close hazardous
waste land disposal units or facilities as soon as they are no
longer needed to manage hazardous waste, in order to minimize the
likelihood of environmental and human health damage. Therefore,
units that are required to close should be closed expeditiouslyr
they should not be allowed to remain open solely for the purpose
of receiving nonhazardous wastes. The Agency is currently com-
pleting a rulemaking to specify this requirement in the regulations,
See, proposed §§264.112 (c) and (d)(2) and 265.112 (c) and (d)(2)
and" associated preamble, 50 Federal Register 11068, 11073 (March
19, 1985).
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While the unit or facility is undergoing closure, nonhazardous
wastes may continue to be received, provided that such receipt does
not delay the beginning or performance of closure activities and
does not impair the effectiveness of the closure activities. Once
closure is completed, however, nonhazardous wastes may only be
disposed of in the land disposal unit under certain very limited
circumstances. [See 265.117 (c)]. _!/
The closure process itself is required to be expeditious. The
regulations require that the owner or operator must submit the
closure plan for the facility within 15 days after the termination
of interim status. The regulations also specify timeframes for
approval of the closure plan within 180 days of its receipt. The
owner or operator must treat, remove from the site, or dispose of
on-site all wastes within 90 days after receiving the final volume
of hazardous waste (or 90 days after approval of the closure plan,
if that is later). And finally, all closure activities must be
completed within 180 days after receipt of the final volume (or
180 days after approval of the closure plan, if that is later).
Only under certain circumstances may closure activities take
longer than these prescribed timeframes.
In light of the above deadlines, the receipt of nonhazardous
wastes during closure should generally be limited to a brief
period of time. While §265.113 does allow an extension of the
closure-completion deadline if the closure activities of necessity
will take longer than the specified time, such an extension cannot
be used to permit the continued receipt of nonhazardous waste.
In the event Regional or State personnel determine that the
placement of nonhazardous wastes in a hazardous waste management
unit may pose a significant environmental or public health hazard,
several actions should be taken. First, the facility owner should
be reminded that the continuation of the activity may complicate
the closure process and increase closure costs. Second, appro-
priate Federal or State enforcement authorities should be used to
prohibit disposal of nonhazardous waste into the unit. In addition,
when appropriate, the review of the closure plan for the facility
or unit should be expedited, and appropriate restrictions imposed
via the closure plan approval process.
I/ Nonhazardous wastes may, however, be disposed of in a nonhaz-
ardous waste unit even if hazardous waste units at the facility are
closing, provided that closure of the hazardous waste disposal
units is not impaired.
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