&EPA
United Stctii
Environment*! Protection
Off'C* of
Solid Win*
DIRECTIVE NUMBER:
Permits0'
9522.oo-i
*(iSpOSal Restrictions on
APPROVAL DATE: 15 September 1986
EFFECTIVE DATE: 15 September 1986
ORIGINATING OFFICE: Osw
B FINAL
D DRAFT
STATUS:
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
*- vmiu W. tl L.
] In development or circulating
REFERENCE (other documenu): headquarters
DIRECTIVE DIRECTIVE D
-------
SEPA
£(•!••
Ciwitonm«nui Protection
OM>c« o>
Solid W»«ta
DIRECTIVE NUMBER: 9522.00-!
Permits0'
^strictions on
APPROVAL DATE: 15 September 1986
EFFECTIVE DATE: 15 September 1986
ORIGINATING OFFICE: Osw
E FINAL
D DRAFT
STATUS:
REFERENCE (other document*):
[ ] A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- In development or circulating
headquarters
oci/i/r/7 nc
E DIRECTIVE DIRECTIVE D
-------
Sr 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON• D.C 20460 OSWER POUCY DIRECTIVE NO.
c %c c
9522.00-1
1 5 1986
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Effect of Land Disposal Restrictions on Permits
FROM: Marcia E. Williams, Director J e_ kJ ’
Office of Solid Waste
TO: Hazardous Waste Division Directors
Regions I-X
On or before November 8, 1986, the Agency will promulgate
regulations that will restrict the disposal of certain solvents
and dioxins that are hazardous wastes. (Note that in the absence
of such regulations a ban on the ldnd disposal of these wastes
would automatically take eftect on November 8 pursuant to the
sell-implementing RCRA provision at §3004(e).) The land disposal
restrictions will apply to all land disposal facilities regard-
less of any existing permit conditions.
The HSWA land disposal restrictions supersede the §270.4
provision which currently provides that compliance with a RCRA
permit constitutes compliance with Subtitle C. Therefore, the
permit does not shield the facility from the new land disposal
requirements. The Agency is in the process of amending §270.4
to make it consistent with the self-implementing requirements
of RCRA. ( See 51 FR 10715, March 28, 1986.) However, these
provisions automatically apply to permitted facilities even
without the regulatory change. In addition, there is no need
to reopen or modify the existing permits to incorporate those
provisions. The land disposal restrictions are fully enforceable
notwithstanding contrary or absent permit provisions concerning
land disposal.
Similarly, for those land disposal permits that are now
being processed it is not necessary to provide permit conditions
regarding the applicability of the land disposal restrictions
since they apply automatically. However, the Fact Sheet should
briefly describe the effect of the new requirements for the
benefit of the public and the facility owner/operator. The
following language is recommended for inclusion in the Fact
Sheet:
-------
OSWER POLICY DIRECTIVE NO.
9 22 .OO 1
—2-
“SELF-fl1PLEMENTINC HSWA PROVISIONS
In several instances HSWA imposes self-implementing
requirements that apply to all facilities regardless of
their current permit conditions. RCRA provisions that
supersede permit conditions include: 1) requirements that
go into effect by statute, and 2) regulations promulgated
under 40 CFR Part 268 restricting the placement of hazardous
wastes in or on the land. Pursuant to this RCRA authority,
certain dioxins and solvents have been restricted from
land disposal unless treated according to specified standards.
Although the permit does not contain conditions regarding
the management of the restricted dioxin and solvent wastes,
the facility is required to comply with the standards in 40
CFR Part 268.”
Once the land disposal restriction program is established,
it will be preferable to incorporate the applicable standards
and practices into new permits. This will clarify specific
activities at the facility and will simpLify enforcement of
the land disposal requirements at permitted facilities.
Please feel tree to contact Frank McAlister of the Permits
Branch (FTS 382-2223) if you have any questions regarding this
matter.
cc: Hazardous Waste Branch Chiefs, Regions I-X
Bruce Weddle, OSW
Lloyd Cuerci, OWPE
Carrie Wehling, OGC
------- |