OSWER Directive No. 9900.0-03
July 20, 1987
MEMORANDUM
SUBJECT:
FROM:
TO:
Enforcement of Applicable RCRA Regulations at Facilities
with Pending Delisting Petitions
Gene A. Lucero, Director
Office of Waste Programs Enforcement
Marcia E. Williams, Director
Office of Solid Waste
Waste Management Division Directors
Regions I, IV, V, VII, & VIII
Air 4 Waste Management Division Director
Region II
Hazardous Waste Management Division Director
Region III, VI & X
Toxics & Waste Management Division Director
Region IX
The purpose of this memorandum is to restate Agency policy
regarding the enforcement of applicable RCRA regulations at hazardous
waste handlers that have pending delisting petitions. It has come to
our attention that some Regions and States may be allowing non-
compliance with some or all of the RCRA Subtitle C requirements
pending a decision on active delisting petitions. We are reaffirming
here that these wastes remain hazardous wastes and that they, and the
units in which they are managed, are subject to all applicable RCRA
regulations, including financial responsibility, groundwater
monitoring and closure requirements, until the delisting is officially
granted. In addition, facilities are still subject to the 1988 and
1989 statutory deadlines for permit issuance.
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Sections 260.20 and 260.22 establish a petition process which
allows a facility to demonstrate that its waste, although captured by
the broad listings of Section 261 Subpart D, does not meet any
criteria under which the waste was listed, including the presence of
additional constituents. Decisions on waste delisting have always
been based on a chemical characterization of the waste itself and of
the processes generating that waste, not on facility design,
management practices or site conditions. Therefore, until a final
decision is made to grant the petition, the waste is hazardous and the
facility remains subject to enforcement of all applicable regulations
(including compliance with Subpart F groundwater monitoring
requirements). Facilities that are not in compliance with RCRA
regulations are subject to enforcement action.1
Concommitantly, facilities (excluding those with temporary or
informal exclusion) that had pending delisting petitions on November
8, 1985, were subject to the Loss of Interim Status (LOIS) provision
of the Hazardous and Solid Waste Amendments of 1984 (HSWA).
Facilities that failed to validly certify compliance with Subparts F
and H and submit a Part B application for an operating permit on or
before November 8, 1985 were required to cease operating their
hazardous waste land disposal units and submit a closure plan for
those units by November 23, 1985. Facilities with pending delisting
petitions that failed to retain interim status and continued to
operate after November 8, 1985, and/or failed to submit the required
closure plan are subject to enforcement actions under Section 3008 of
RCRA.
1 Facilities whose only waste was subject to a temporary or
informal exclusion were not required to meet Part 265 standards during
the effective time of the exclusion. However, all temporary and
informal exclusions that had not previously been acted on expired by
statute on 11/8/86 (Section 3001 (f) (2)(8)). Facilities that had
either a temporary or informal exclusion were in one of four
categories on 11/8/86: (1) the final delisting was granted and that
waste is no longer subject to regulation under RCRA; (2) the petition
was denied when, after repeated requests from the Agency, the facility
failed to provide additional information for the petition; these
facilities had to be in compliance with Part 265 regulations
immediately; (3) the completed petition was denied based on the merits
of the petition (i.e., the waste was determined to be hazardous);
these facilities had six months from the date of publication of the
denial in the Federal Register to come into compliance with Part 265
standards; or (4) the exclusion expired by statute; these facilities
petitions moved back into the standard delisting process and the
facilities were immediately subject to all applicable RCRA
requirements.
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Attachment 1 is a listing of all pending delisting petitions,
broken down by Region. Please assure that these facilities are in
full compliance with all applicable RCRA regulations. If you have any
questions regarding the iteration of this policy, please call Steve
Heare at 382-2207.
cc: Elaine Stanley
Bruce Weddle
RCRA Branch Chiefs, Regions I-X
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ATTACHMENT 1
REGION I
PETNUM PETNAME CITY ST
0570 GENERAL ELECTRIC COMPANY BRIDGEPORT CT
0607 HONEYWELL, INC./SKINNER VALVE DIV. NEW BRITAIN CT
0685 LIGHT METALS COLORING COMPANY, INC. SOUTHINGTON CT
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REGION II
PETNUM PETNAME
0315 DIGITAL EQUIPMENT CORP DE PUERTO RICO
0435 UNION CARBIDE CORPORATION
0503 YABUCOA SUN OIL COMPANY
050SB KEYMARK CORPORATION
0547 BETHLEHEM STEEL CORP
0602 BERLEX LABORATORIES, INC.
0603 BETHLEHEM STEEL CORPORATION/LACKAWANNA PLANT
0658 UNION CARBIDE CARIBE, INC. (UCCI)
0667 CHEVRON U.S.A. INC. (DRAFT)
0676 BENDIX AEROSPACE/BENDIX FLUID POWER DIVISION
0687 STEPAN COMPANY
0694 YABUCOA SUN OIL COMPANY (SAMPLING PLAN)
0697 EAGLE ELECTRIC MANUFACTURING COMPANY, INC.
CITY ST
SAN GERMAN PR
TONAWANDA NY
YABUCOA PR
FONDA NY
SOUTH LACKAWANNA NY
WAYNE NJ
LACKAWANNA NY
PENUELAS PR
PERTH AMBOY NJ
UTICA NY
FIELDSBORO NJ
YABUCOA PR
LONG ISLAND CITY NY
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REGION III
PETNUM PETNAME
0368 WEIRTON STEEL CORP.
0373 MERCK & CO., INC.
0377 MERCK & COMPANY, INCORPORATED
0440 UNION CARBIDE CORPORATION
0528 KOPPERS COMPANY, INCORPORATED
0598 HARSCO CORPORATION
0613 ARMCO/BUTLER WORKS
0617 BETHLEHEM STEEL CORP. STEELTON PLANT
0639 SHARON STEEL
0650 KELLER EXTRUSIONS OF VIRGINIA
0672 G.R.O.W.S., INC.
0673 ALLIANCE OF TEXTILE CARE ASSOC.
0679 UNION CARBIDE CORPORATION/HOLZ IMPOUNDMENT
0681 BETHLEHEM STEEL CORPORATION
0688 ROANOKE ELECTRIC STEEL CORPORATION
0691A STOREYS TRANSPRINTS, INC.
0691B STOREYS TRANSPRINTS, INC.
0693 WHELLING-PITTSBURGH STEEL CORPORATION
CITY ST
WEIRTON WV
ELKTON VA
ELKTON VA
SISTERSVILLE WV
FOLLANSBEE WV
YORK PA
BUTLER PA
STEELTON PA
SHARON PA
MILFORD VA
MORRISVILLE PA
WASHINGTON DC
SOUTH CHARLESTON WV
JOHNSTOWN PA
ROANOKE VA
HARRISONBURG VA
COLONIAL HEIGHTS VA
WHEELING WV
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REGION IV
PETNUM PETNAME
0316 GENERAL ELECTRIC COMPANY
0583 EMCO, INC.
0587 GENERAL ELECTRIC COMPANY
0590 BOMMER INDUSTRIES, INC.
0622 O&S PLATING CO.
0635 NAVAL CONSTRUCTION
0636 ETC/MOLEX INCORP
0640 JOHN BOYLE & COMPANY, INC.
0651 FAULTLESS HARDWARE DIVISION/AXIA ENTERPRISE
0657A UNIVERSAL FASTENERS CENTERVILLE FACILITY
0657B UNIVERSAL FASTENERS LAWRENCEBURG FACILITY
0662 GOODYEAR TIRE AND RUBBER COMPANY
0666 TENNESSEE EASTMAN COMPANY (TEC)
0668 VIRGINIA CHEMICALS INCORPORATED
0669 VIRGINIA CHEMICALS INCORPORATED
0670 GENERAL ELECTRIC COMPANY
0675 REYNOLDS METALS COMPANY
0678 VAW OF AMERICA INCORPORATED
0682 MASON CHAMBERLAIN INC/ARMY AMMUNITION PLANT
0690 BFG INTERMEDIATES COMPANY INC.
0699 NORTH AMERICAN PHILIPS CONSUMER ELECT. CORP.
0700 ASHLAND PETROLEUM COMPANY
CITY
HENDERSONVILLE
EAST GADSDEN
FLORENCE
LANDRUM
GLEASONT
GULFPORT
ST. PETERSBURG
STATESVILLE
HOPKINSVILLE
CENTERVILLE
LAWRENCEBURG
RANDLEMAN
KINGSPORT
LEEDS
BUCKS
LOUISVILLE
SHEFFIELD
ST. AUGUSTINE
NSTL BASE
CALVERT CITY
KNOXVILLE
ASHLAND
ST
NC
AL
SC
sc
TN
MS
FL
NC
KY
TN
KY
NC
TN
SC
AL
KY
AL
FL
MS
KY
TN
KY
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REGION V
PETNUM PETNAME
0237 ROCK ISLAND REFINING CORP.
0269 DELCO MORAINE DIV/GMC
0334 FISHER BODY-DIVISION OF GENERAL MOTORS C
0366 MIDWEST STEEL
0367 MIDWEST STEEL
0456 STANDARD OIL COMPANY
0469 STANDARD OIL COMPANY
0492 WASTE RESEARCH & RECLAMATION
0506 UNITED STATES STEEL CORP. GARY WORKS
0539 FEDERAL CARTRIDGE CORPORATION
0540 CONTINENTAL STEEL CORP.
0549 S.K. WELLMAN CORPORATION
0556 ARVIN AUTOMOBILE .
0559A ELI LILLY AND COMPANY CLINTON LABORATORIES
0559B ELI LILLY AND COMPANY CLINTON LABORATORIES
0564A ELI LILLY AND COMPANY
0566 CONTINENTAL STEEL CORPORATION
0573 BRUSHWELLMAN INCORPORATED
0575 WICKES MECHANICAL COMPONENTS DIVISION
0580 TAU LABORATORIES, INDIANA, INC.
0584 MCGRAW-EDISON COMPANY
0585 AMERICAN RECOVERY CO., INC.
0591 CITY OF BELLEFONTAINE/D.A.B. INDUSTRIES
0621 PHILWAY PRODUCTS INCORPORATED
0627 RAYMARK INDUSTRIAL DIVISION
0629 RANCO
0630 NATIONAL METALWARES, INC.
0633 QUANEX CORPORATION/MI SEAMLESS TUBE DIVISION
0643 VULCAN MATERIALS COMPANY
0646 GENERAL MOTORS CORPORATION FLINT OPERATIONS
0652 ALLEGAN METAL FINISHING COMPANY
0655 UNION CARBIDE-LINDE DIVISION
0663 MARQUETTE ELECTRONICS, INC.
0671 NSM, INC.
0680 APOLLO PLATING, INC.
0683 JAY PLASTICS, INC.
0695 STANDARD OIL (SAMPLING PLAN)
0698 KAISER ALUMINUM t CHEMICAL CORPORATION
CITY
INDIANAPOLIS
DAYTON
FLINT
PORTAGE
PORTAGE
LIMA
OREGON
EAU CLAIRE
GARY
ANOKA
KOKOMO
BEDFORD
MOUNT VERNON
CLINTON
CLINTON
CLINTON
KOKOMO
ELMORE
MANCELONA
KOKOMO
ALBION
EAST CHICAGO
BELLEFONTAINE
ASHLAND
CRAWFORDSVILLE
DELAWARE
LASALLE
SOUTH LYON
PORT EDWARDS
FLINT
ALLEGAN
ASHTABULA
MILWAUKEE
OGLESBY
ROSEVILLE
MANSFIELD
CLEVELAND
TOLEDO
OH
MI
IN
IN
OH
OH
WI
IN
MN
IN
OH
IN
IN
IN
IN
IN
OH
MI
IN
MI
IN
OH
OH
IN
OH
IL
MI
WI
MI
MI
OH
WI
IL
MI
OH
OH
OH
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REGION VI
PETNUM PETNAME
0261 TEXACO USA
0286 BELL HELICOPTER TEXTRON, INC.
0344 LAKE CITY ARMY AMMUNITION PLANT
0351 BLOOMPIELD REFINING COMPANY
0396 EXXON COMPANY, BATON ROUGE REFINERY
0409 TEXAS EASTMAN COMPANY
0453 TEXACO INCORPORATED
0486 UNION OIL COMPANY OF CALIFORNIA
0545 IBM CORPORATION
0563 KOPPERS CO. HOUSTON FACILITY
0571 GENERAL ELECTRIC COMPANY
0606 USEPA COMBUSTION RESEARCH FACILITY
0625 UNION OIL COMPANY OF CALIFORNIA
0648 LAKE CITY ARMY AMMUNITION PLANT
0649 TEXAS EASTMAN COMPANY (DRAFT)
0654 KAWNEER COMPANY, INC.
0660 HOLLOMAN AIR FORCE BASE
0684 U.S. EPA RELEASES CONTROL BRANCH
0692 CELANESE CHEMICAL COMPANY, INC/BAY CITY PLANT
CITY
PORT NECHES
FORT WORTH
INDEPENDENCE
BLOOMFIELD
BATON ROUGE
LONGVIEW
EL PASO
NEDERLAND
AUSTIN
HOUSTON
SHREVEPORT
JEFFERSON
NEDERLAND
INDEPENDENCE
LONGVIEW
SPRINGDALE
HOLLOMAN AFB
MCDOWELL
BAY CITY
ST
TX
TX
MO
NM
LA
TX
TX
TX
TX
TX
LA
AR
TX
MO
TX
AR
NM
MO
TX
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REGION VII
PETNUM PETNAME
0532 JOHN DEERE COMPONENT WORKS
0543 VIKING PUMP DIVISION\HOUDAILLE INDUSTRIES
0578 U.S. NAMEPLATE COMPANY INC.
0616 PUEBLO CHEMICAL & SUPPLY COMPANY
0618B MONROE AUTO EQUIPMENT/DIV. OF TENNECO AUTO
0624 SELECT PRODUCTS CO./DIV. OF HALLMARK CARDS
0641 THERMEX ENERGY CORPORATION
0656 CLAY EQUIPMENT CORPORATION
CITY
WATERLOO
CEDAR FALLS
MOUNT VERNON
GARDEN CITY
COZAD
LEAVENWORTH
HALLOWELL
CEDAR FALLS
ST
IA
IA
IA
KS
NE
KS
KS
IA
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REGION VIII
PETNUM PETNAME
0542 JIM'S WATER SERVICE
CITY
GILLETTE
ST
WY
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REGION IX
PETNUM PETNAME
0615 U.S. AIR FORCE - ENGINEERING & SERVICES
0677 ACME FILL CORPORATION
CITY
PACIFIC OCEAN
MARTINEZ
ST
CA
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REGION X
PETNUM PETNAME CITY ST
0393 BOEING COMMERCIAL AIRPLANE CO. AUBURN WA
0552 CHEVRON U.S.A. INC. KENAI AK
0588 BAYLINER MARINE CORPORATION ARLINGTON WA
0620 BOEING COMMERCIAL AIRPLANE COMPANY AUBURN WA
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