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. Retyped From The Original ------- -2- 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. Retyped From The Original ------- -3- 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 Retyped From The Original ------- 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 Retyped from the original ------- 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 Retyped from the original ------- 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 Retyped from the original ------- 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 Retyped from the original ------- 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 Retyped from the original ------- 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 Retyped from the original ------- 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 Retyped from the original ------- REGION VIII PETNUM PETNAME 0542 JIM'S WATER SERVICE CITY GILLETTE ST WY Retyped from the original ------- REGION IX PETNUM PETNAME 0615 U.S. AIR FORCE - ENGINEERING & SERVICES 0677 ACME FILL CORPORATION CITY PACIFIC OCEAN MARTINEZ ST CA Retyped from the original ------- 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 Retyped from the original ------- |