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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