Protection
W»»i» »nd "' .
DIRECTIVE NUMBER: 9463:^2-^80 , f^.^;^:.'--^
(PIG-81-3) Prog/am Implementation Guidance
on Issuance of provisional EPA Identificat
Numbers
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE:
H FINAL
D DRAFT
CTATMC ' ^ A" PendinS OMB approval
i»AIU£>: ' [ ] B- Pending AA-OSWER approval
( ] C- For review &/or connent
[ ] D- In development or circulating
REFERENCE (other document*): headquarters
11/26/80
11/26/80
OSW
on
DIRECTIVE DIRECTIVE
-------
-------
-
asnington ut.. 2C4 O
‘EPA OSWER Directive Initiation Request 9463.02-33
Ot i’ to. informa’ r’
Nam 9 t Contact Person
j.ehn
4â,b CuGe — Branch Te e r one i umoe,
OSW 382—2210
LeaC Office OUST
OERR OWPE
OOtO .’ed ,r R vew
Signature of Olfice Drecror Date
osw E
1• tie
(PIG—81—8) Program Implementation Guidance on Issuance of
Provisiona’. EPA Identification Numbers.
Sumrrary of D’rect e
Memo answers the following: should the Agency establish a new
procedure to facilitate rapid issuance of EPA identification
numbers to generators or transporters during spills or other
unanticipated events?
‘ : ‘ Words:
PA r . ). , SouLs, Reso- ns
r C ye Man,jal Policy ,recr,ve Announcement t: 5 3t. s
:
oee ri s Orect ye Su erse e P?ey,oijs Directives ret ‘.c Does it S . o iemerit revii s C rec’ ve .si’
1 Ve Erer Question What Directive ‘numbt tile,
.
. OSWER O iST E o : 0 e•
OWPE
U cs’. ’ E Regions E oD
s ecuest Meets SWER Directives System Format
g’ a .re of ..eao Otfce Directives Officer
S.g’at. re of OSWEP Directives Officer
Date
-------
94 -
EO Sr 4 ?
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D C. 20460
c
? D’ PIG 81—8
MEMORANDUM
SUBJECT: Program Implementation Guidance On Issuance of
Provisional EPA Identification Numbers
FROM: Steffen W. Plehn 2— \ L” rki —’
Deputy Assistant - nir iY tratOr
for Solid Waste (WH-45 2)
R. Sarah Compto ri 4 l/L4lA L 7p t )
Deputy Assistant A ministrator
for Water Enforcement (EN—335)
TO: PIGS Addressees
and Regional Notification Contacts
Issue :
Should the Agency establish a new procedure to facilitate
rapid- issuance of EPA identification numbers to generators or
transporters during spills or other unanticipated events?
Discussion :
The final RCRA Subtitle C regulations effective November 19,
1980 include requirements for hazardous waste generators and
transporters to obtain EPA identification numbers. Generators and
transporters who did not obtain an EPA identification number
during the notification period may obtain one by applying on
EPA Form 8700—12. Concern has been expressed by some EPA
Regional Offices and some members of the regulated community
that the regulations do not provide for rapid issuance of
identification numbers during spills and other unanticipated
incidents where a person may become a hazardous waste generator
or transporter. The following scenario illustrates this
type of situation.
A spill of gasoline, which met the ignitable characteristic
of hazardous waste, occurred at a gasoline filling station.
The station did riot have an EPA identification number. Once
the spilled material was contained in barrels, the station
operator judged that keeping the barrels on-site for several
weeks while waiting for an identification number could be
-------
dangerous. The transporters he contacted would not pick up
the waste to take it to a facility unless the station operator
produced a manifest bearing the generator’s identification number.
The operator called his EPA Regional Office to obtain a
number but was told that the regulations do not provide for
their issuance over the phone, and that application would
have to be made on Form 8700-12. Obviously, that solution
was unworkable, for it prevented timely and safe handling of
the waste. Later that day it was resolved that the Regional
Office would issue a special identification number over the
phone to the operator 1 thus enabling him to have the waste
transferred to another location without delay. This is one
of several examples brought to our attention, indicating a
need for rapid identification number issuance.
In response to this need, the Agency will publish a
Notice in the Federal Register as soon as possible announcing
that EPA Regional Offices may in certain instances and at
their discretion issue provisional EPA identification numbers.
The Regional Notification Contacts will be listed as contact
points. I urge those individuals to plan for implementation
of this new procedure.
At this time, we have identified a general set of circumstances
where issuance of a provisional identification number would be
appropriate. As the hazardous waste program matures, other
applications will probably become apparent. Officials may waive
the EPA identification number requirements for generators
arid transporters engaged in immediate hazardous waste removal
following a discharge incident. (See 40 CFR 263.30(b) and
EPA Headquarters guidance memo to Regional Offices on emergency
response, 11/19/80.) For a variety of reasons a waiver may
not be authorized, or if a waiver is authorized, the generator
or transporter may still identify a practical need for obtaining
an identification number before transporting the waste. In
such a case, an oral or written provisional identification number
may be issued by a Regional Office.
Decision :
Regional Office personnel should be prepared to issue
provisional numbers on a 7—day, 24—hour basis. Preparations
should also be made to issue these numbers orally either over
the phone or in person, as well as in writing.
Recommended procedures for issuing a provisional identi-
fication number are as follows:
a) Ascertain the need for a provisional number from the
applicant.
b) If a decision is made to issue the number, collect
as much of the information required for Form 8700—12
as possible.
2
-------
c) Issue the number. We suggest this be done by using
a system devised internally in each Region. A.
recommended format, similar to the standard EPA
identification number format, would have the two
letter state abbreviation, followed by the letter “P”
for “Provisional”, followed by a serially increasing
nine digit code for each subsequent number issued,
e.g., “VAP000000428.’ (These numbers will not be
part of the Dun and Bradstreet system and will not
be entered into the national computer data base.)
d) Explain what conditions, if any, apply to the use or
duration of the number. Inform the applicant of
requirements for submission of completed Form 8700—12
within 10 days of receipt of a blank form from EPA.
A final identification nurrber may then be issued.
e) Document all proceedings and fellow through as appropriate.
We intend that the provisional identification number be
a practical alternative in situations where the standard
procedure for issuing EPA identification numbers would be
unreasonably time—consuming. A regulation change is not
necessary in order to implement this procedure, however,
future amendments to the generator and transporter regulations
will clarify and discuss other requirements which may apply to
persons who receive provisional numbers. The establishment
of this procedure is part of a larger effort by the Agency
to address the application of the Subtitle C regulations to
hazardous waste discharges and other circumstances requiring
rapid response. Your comments and suggestions are welcome.
3
------- |