United Sicies Offic, of Eriv,ronm.in.i Pvoi,c on Solid Wests 5flØ Agency Emsrg .ncy R ,iponii I&EPA DIRECTIVENUMBER: 9484.01(85) TITLE: Interpretation of Section 3005(j)(l) APPROVAL DATE: 7-25-85 EFFECTIVE DATE: 7-25-85 ORIGiNATING OFFICE: Office of Solid Waste FINAL O DRAFT } A— Pending 0MB approval STATUS: [ ] B- Pending AA-OSWER approval [ ] C— For review &/or comment I D— In development or circulating REFER ENCE (other documenti): headquarters n ,iiip DIREC fl TIVE rnic DIREC TIVE i’ 13 L .. ——-—- ------- PARTS 264-265 SUBPART K - SURFACE IMPOUNDMENTS DOC: 9484.01(85) Key Words: Interim Status, Surface Impoundments, Storage, HSWA Regulations: HSWA §3005(j)(l) Subject: Interpretation of Section 3005(j)(l) Addressee: James H. Scarbrough, Chief Residuals Management Branch Region IV Johji H. Skinner, Director Office of Solid Waste X \ #9484.01(85) 7-25-85 Originator: Source Doc: Date: Summary: The memo clarifies the Agency's interpretation of Section 3005(j)(l). Section 3005(j)(l) requires that interim status surface impoundments not receive, store or treat hazardous wastes after November 8, 1988, unless the impoundment complies with the minimum technological standards or has obtained one of the four exemptions listed in that provision. By November 8, 1988, the owner or operator must either provide a certifica- tion of closure or demonstrate that they have complied with the technical closure requirements. ------- 9484.01 (85) JUL 25 1985 M MORA iDU1 l SUBJECT: Interpretation of Section 3005(j)(l) PROM: John H. Skinner, Director Office of Solid Waste TO: Jaa•s H. Scarbrough, Chief Residuals lanagen.flt Branch Region IV This is in response to your rnemorandwft of June 26, 1985, requesting an interpretation of Section 3005(j)(L) of the Hazardous and Solid Waste kmendi entS (HSWA) of 1984. Section 3005(j)(l) requires that interim statue surface impoundments not receive, store , or treat hazardous wastes after Jovemb.r 8, 1988, unless the impourtclment in question is in cci pli&flce with the ulnimum technological standards or the impoundment has obtained one of the four exemptions listed in the provision. You asked what has to be done by the oveinber 8, 1988 deadline by the owner/Operator of an interim status surface impoundment who seeks a storage permit but does not intend to retrofit with the minimum technological standards, and who dOes not seek and obtain a waiver. You asked if the o . . DPSrat0r of such a facility by that date had to: 1) a’r. pI$aiflg hazardous waste in the surface impoundment, 2) aer 1y. .a1OsUXe, or 3) conduct sonte other step in the clo.ttS DOSIS. You proposed issuing RC?A permits to the owners or operators of such units with a condition to stop placing hazardous wastes in the impoundment on or before 4ovember 8 l9 8, thus triggering closure. ------- 2 The statute requires, in the case of a storage impoundment, that the t umda.nt not receive or store hazardous waste after Noveae , Th. 4Lr.ct way to demonstrate compliance with section 3005(j)(17 is to provide a certification of closure by November 8, 1988. If the owner or operator has obtained a certification of closure, the Agency can be cur. that the impoundment is not storing haLardous waste after November 8, 1988. If, however, a certification of closure is not presented by November 8, 1988, an owner or operator may still show complianc, with section 3005(j)(1) by demonstrating compliance with th. technical closure requirements in 264.228(a)(1) or 265.228(a) and (b) to the satisfaction of the Regional Administrator. If the owner or operator has complied with the technical requirement. of these section., a. appropriate, then the impoundment would be considered to be no longer storing hazardous wastes. This second approach is necessary because it may not be possible to present a certification of closure for the surfac. impoundment in question by November 8, 1988. Therefor., what is required by November 8, 1968, is either a certification of closure or a demonstration by the owner or - - operator that the technical closure requirement. have been cc 11.d with. The Agency is examining what the statutory language requires concerning the addition of non—hazardous wastes to an impoundment after November 9, 1988. If you have additional concerns regarding this issue, please contact Mr. Paul Cassidy (F ’8 382—4682) of my staff. Thank you for your interest in this matter. cc: RCRA Division Directors, Regions I—Ill and V—X Jack Lehman, 08W Ken Shuster, 08W Paul Casaidy, 08W Barbara Pace, 0CC ------- |