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
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[ ] C— For review &/or comment
I D— In development or circulating
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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.

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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.

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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

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