SEPA
Sum
Emnronm«nui Protection
Solid Went tnd
Emergency R«»oon««
DIRECTIVE NUMBER: 9489.00-2
TITLE: Issues Relating to Miscellaneous Units
APPROVAL DATE: April 22, 1988
EFFECTIVE DATE: April 22, 1988
ORIGINATING OFFICE: office of solid waste
B FINAL
D DRAFT
STATUS:
I 1
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REFERENCE (other documents):
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
">- In development or circulating
headquarters
DIRECTIVE DIRECTIVE L
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United States Envy .ieumental Protection T iunioer
Washington DC 20160
OSWER Directive Initiation Reauest 9489.00-2
2. Or1 ffiator Information
p jme of Contact Person . Mad Code Office Teleohone Code
Nestor Aviles W}I—563 OSW (202) 382—2218
3fltie
Issues Relating to Miscellaneous Units
4 Summary of Directive (include brief statement of purpose)
The purpose of this memorandum is to provide
guidance on several por:ions of
Subpart X regulations for miscellaneous units
published in the 52 FR 46946,
of December 10, 1987.
5 Ke ivords
Miscellaneous Units / Subpart X
6a Does Thus Directive S erseoe Previous Durec1ive(s)
XX No
Ye5 What directive rtumber title)
b Does It Supplement Previous Durectives’
XX No
Yes What directive (number title)
Draft Level
A-S ignedbyMI &A B-S gnedbyOfficaD urector
C-Fo rR e vu,w&Comment D-lnDsvelopment
8. Document to be distributed to States by
Headquarters? No I
This Request Meets OSWER Olrectlvss Syatem Format Standards.
9 Signature OIL ad Ofluce Directives Coordinator
O u)
Date /
3/2-’1/
10 Name : :° Officer
Date
EPA Form 1315-17 (Ray. S—Il) Previous editions are âbsofete
/
OS
WER OSWER Os
WER C
VE
DIRECTIVE
DIRECTIVE
DIRECTIVE
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j , UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OSWER Directive 9489.00-2
• 1_ f l ‘ -
OFFICE OF
SOLID WASTE AND EMEAGENC f ESPON
MEMO RAN DUN
SUBJECT: Issues Relating to Miscel,
FROM: Sylvia x. Lowrance, DL
Office of Solid Waste
/
TO: RCRA Division Directors,
Regions i to X
The purpose of this memorandum is to provide implementation
guidance on the newly promulgated Subpart x regulations for
miscellaneous units published in the Federal Regjst
(52 46946, December lo, 1987). A more detailed explanation
of these issues will be contained in an upcoming Feder Regis-
ter correction notice to the December 10th rule. This Inemoran-
duni will briefly cover the major points to be clarified.
Regional Authority to Im 1einent Miscellaneous Units Standards
fSubpart X) in RCRA Authorized States
There has been confusion about EPA’s authority to implement
Subpart X in authorized states. This issue was originally
discussed in section VII(b) of the preamble to the December
10th rule.
As you know, Subpart x requirements are not HSWA require-
ments. Therefore, we are not relying on HSWA authority to
support EPA implementation in authorized states. Rather, other
RCRA authority exists for direct EPA implementation. The Agen-
cy is making use of the authority provided under
40 CFR 264.1(f) (2) to implement the Subpart X program in all
states at the same time, regardless of their authorization
status. Thie authority was created to avoid a gap during which
permits could not be issued in those states which had obtained
RCRA program authorization but had not been authorized for new
Part 264 standards for specific facility/unit types (such as
Subpart X). The Regions will, therefore, implement the program
and issue Subpart x permits until the states revise their pro-
grams in accordance with 40 CFR 271.21.
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OSWER Directive 9489.00-2
In this regard, EPA’s authority to issue permits extends
both to new and existing facilities. Prior to Subpart x, many
existing miscellaneous units had interim status and Operated
under 40 CFR 265, Subpart P for thermal treatment, and Subpart
Q for chemical, physical, and biological treatment units.
These interim status units will now be subject to EPA permit
authority to apply Subpart X standards until the state receives
authorization to permit these types of units.
Permitting Deadlines for Subpart X facilities
The 1984 HSWA Amendments in section )005(c) contain the
statutory permit deadlines applicable to Subpart X facilities.
The permit ap ljcatj deadline of November 8, 1988 and the
permit issuance deadline of November 8, 1992, are relevant to
Subpart X units. The only Subpart X facilities subject to the
permit application filing and permit issuance deadlines of
section 30 05(c), however, are those that had interim status by
November 8, 1984. Furthermore, the permit application due by
November 8, 1988 need only cover those units that were
identified in (or that needed to be identified in) the Part A
as of November 8, 1984. Submission of the Part B application
for these units by November 8, 1988 will secure the
Continuation of interim status for the unit in the event that
the Agency is not able to make a final determination on the
application by November 8, 1992. Note that any unit added
during interim status after November 8, 1984 or any facility
receiving interim status after that date, is not subject to the
1988 Part B application deadline. Note also that any final
determination by November 8, 1992 on the application may take
the form of a partial permit, since the determination only has
to cover units under interim status on November 8, 1984.
None of the foregoing requires the Regions to initiate a
call-in of Part B applications for Subpart x. The Upcoming
Federal Register correction notice will, generally notify hazard-
ous waste management facilities owners and/or operators of
these HSWA deadlines and the impact upon their Subpart x
units. In addition, however, Regions are encouraged to notify
interim status facilities in order to give them the opportunity
to meet the November 8, 1988 deadline.
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OSWER Directive 9489.00-2
Since Open Burning/open Detonation (OB/OD) is one of the
most common miscellaneous units, OSW is working on a guidance
document for OB/OD of military waste explosives. A separate
guidance for commercial explosive waste is under initial devel-
opment.
Technical Corrections to Subpart x
Several mistaken citations of regulatio 5 have been detect-
ed in the December 10th final rule. They are on page 46965 of
the Federal Reqister , and should be corrected as follows:
i) in 27 0.14(b)(5): change the citation “264.194” to
“264.193(j) and 264.195”, and,
ii) in 27 0.l4(b )(] .3): the citation should read “the
Post—closure plan required by 264.112, 264.118 and
264.197”.
These issues will be discussed in more detail in the Upcom-
ing correction notice in the Federaj Regjste 1 If you have any
questions, please contact Nestor J. Aviles at FTS 382—2218,
Chester Oszrnan at FTS 382-4499, or Frank McAlister at
FTS 382—2223.
cc: RCRA Branch Chiefs, Regions i to X
RCRA Permit Section Chiefs, Regions i to X
Bruce Weddle, OSW
Susan Bromm, OSW
Elizabeth Cotsworth, OSW
Suzanne RUdZj kj, OSW
Matt Hale, osw
Frank McAlister, OSW
George Garland, OSW
Fred Chananja, C CC
Kent Anderson, OSW
Ana M. Aviles, OSw
Tim Kasten, OWPE
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