OSWER Directive No. 9900.0-03 July 20, 1987 MEMORANDUM SUBJECT: Enforcement of Applicable RCRA Regulations at Facilities with Pending Delisting Petitions FROM: Gene A. Lucero, Director Office of Waste Programs Enforcement Marcia E. Williams, Director Office of Solid Waste TO: 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 0570 0607 0685 Retyped from the original PETNAME GENERAL ELECTRIC COMPANY HONEYWELL, INC./SKINNER VALVE DIV. LIGHT METALS COLORING COMPANY, INC. CITY BRIDGEPORT NEW BRITAIN SOUTHINGTON ST CT CT CT ------- REGION II PETNUM PETNAME CITY ST 0315 DIGITAL EQUIPMENT CORP DE PUERTO RICO SAN GERMAN PR 0435 UNION CARBIDE CORPORATION TONAWANDA NY 0503 YABUCOA SUN OIL COMPANY YABUCOA PR 0505B KEYMARK CORPORATION FONDA NY 0547 BETHLEHEM STEEL CORP SOUTH LACKAWANNA NY 0602 BERLEX LABORATORIES, INC. WAYNE NJ 0603 BETHLEHEM STEEL CORPORATION/LACKAWANNA PLANT LACKAWANNA NY 0658 UNION CARBIDE CARIBE, INC. (UCCI) PENUELAS PR 0667 CHEVRON U.S.A. INC. (DRAFT) PERTH AMBOY NJ 0676 BENDIX AEROSPACE/BENDIX FLUID POWER DIVISION UTICA NY 0687 STEPAN COMPANY FIELDSBORO NJ 0694 YABUCOA SUN OIL COMPANY (SAMPLING PLAN) YABUCOA PR 0697 EAGLE ELECTRIC MANUFACTURING COMPANY, INC. LONG ISLAND CITY NY Retyped from the original ------- REGION III PETNUM PETNAME CITY ST 0368 WEIRTON STEEL CORP. WEIRTON WV 0373 MERCK & CO., INC. ELKTON VA 0377 MERCK & COMPANY, INCORPORATED ELKTON VA 0440 UNION CARBIDE CORPORATION SISTERSVILLE WV 0528 KOPPERS COMPANY, INCORPORATED FOLLANSBEE WV 0598 HARSCO CORPORATION YORK PA 0613 ARMCO/BUTLER WORKS BUTLER PA 0617 BETHLEHEM STEEL CORP. STEELTON PLANT STEELTON PA 0639 SHARON STEEL SHARON PA 0650 KELLER EXTRUSIONS OF VIRGINIA MILFORD VA 0672 G.R.O.W.S., INC. MORRISVILLE PA 0673 ALLIANCE OF TEXTILE CARE ASSOC. WASHINGTON DC 0679 UNION CARBIDE CORPORATION/HOLZ IMPOUNDMENT SOUTH CHARLESTON WV 0681 BETHLEHEM STEEL CORPORATION JOHNSTOWN PA 0688 ROANOKE ELECTRIC STEEL CORPORATION ROANOKE VA 0691A STOREYS TRANSPRINTS, INC. HARRISONBURG VA 0691B STOREYS TRANSPRINTS, INC. COLONIAL HEIGHTS VA 0693 WHELLING-PITTSBURGH STEEL CORPORATION WHEELING WV Retyped from the original ------- REGION IV PETNUM PETNAME CITY ST 0316 GENERAL ELECTRIC COMPANY HENDERSONVILLE NC 0583 EMCO, INC. EAST GADSDEN AL 0587 GENERAL ELECTRIC COMPANY FLORENCE SC 0590 BOMMER INDUSTRIES, INC. LANDRUM SC 0622 O&S PLATING CO. GLEASONT TN 0635 NAVAL CONSTRUCTION GULFPORT MS 0636 ETC/MOLEX INCORP ST. PETERSBURG FL 0640 JOHN BOYLE & COMPANY, INC. STATESVILLE NC 0651 FAULTLESS HARDWARE DIVISION/AXIA ENTERPRISE HOPKINSVILLE KY 0657A UNIVERSAL FASTENERS CENTERVILLE FACILITY CENTERVILLE TN 0657B UNIVERSAL FASTENERS LAWRENCEBURG FACILITY LAWRENCEBURG KY 0662 GOODYEAR TIRE AND RUBBER COMPANY RANDLEMAN NC 0666 TENNESSEE EASTMAN COMPANY (TEC) KINGSPORT TN 0668 VIRGINIA CHEMICALS INCORPORATED LEEDS SC 0669 VIRGINIA CHEMICALS INCORPORATED BUCKS AL 0670 GENERAL ELECTRIC COMPANY LOUISVILLE KY 0675 REYNOLDS METALS COMPANY SHEFFIELD AL 0678 VAW OF AMERICA INCORPORATED ST. AUGUSTINE FL 0682 MASON CHAMBERLAIN INC/ARMY AMMUNITION PLANT NSTL BASE MS 0690 BFG INTERMEDIATES COMPANY INC. CALVERT CITY KY 0699 NORTH AMERICAN PHILIPS CONSUMER ELECT. CORP. KNOXVILLE TN 0700 ASHLAND PETROLEUM COMPANY ASHLAND KY Retyped from the original ------- REGION V PETNUM PETNAME CITY ST 0237 ROCK ISLAND REFINING CORP. INDIANAPOLIS IN 0269 DELCO MORAINE DIV/GMC DAYTON OH 0334 FISHER BODY-DIVISION OF GENERAL MOTORS C FLINT MI 0366 MIDWEST STEEL PORTAGE IN 0367 MIDWEST STEEL PORTAGE IN 0456 STANDARD OIL COMPANY LIMA OH 0469 STANDARD OIL COMPANY OREGON OH 0492 WASTE RESEARCH & RECLAMATION EAU CLAIRE WI 0506 UNITED STATES STEEL CORP. GARY WORKS GARY IN 0539 FEDERAL CARTRIDGE CORPORATION ANOKA MN 0540 CONTINENTAL STEEL CORP. KOKOMO IN 0549 S.K. WELLMAN CORPORATION BEDFORD OH 0556 ARVIN AUTOMOBILE . MOUNT VERNON IN 0559A ELI LILLY AND COMPANY CLINTON LABORATORIES CLINTON IN 0559B ELI LILLY AND COMPANY CLINTON LABORATORIES CLINTON IN 0564A ELI LILLY AND COMPANY CLINTON IN 0566 CONTINENTAL STEEL CORPORATION KOKOMO IN 0573 BRUSHWELLMAN INCORPORATED ELMORE OH 0575 WICKES MECHANICAL COMPONENTS DIVISION MANCELONA MI 0580 TAU LABORATORIES, INDIANA, INC. KOKOMO IN 0584 MCGRAW-EDISON COMPANY ALBION MI 0585 AMERICAN RECOVERY CO., INC. EAST CHICAGO IN 0591 CITY OF BELLEFONTAINE/D.A.B. INDUSTRIES BELLEFONTAINE OH 0621 PHILWAY PRODUCTS INCORPORATED ASHLAND OH 0627 RAYMARK INDUSTRIAL DIVISION CRAWFORDSVILLE IN 0629 RANCO DELAWARE OH 0630 NATIONAL METALWARES, INC. LASALLE IL 0633 QUANEX CORPORATION/MI SEAMLESS TUBE DIVISION SOUTH LYON MI 0643 VULCAN MATERIALS COMPANY PORT EDWARDS WI 0646 GENERAL MOTORS CORPORATION FLINT OPERATIONS FLINT MI 0652 ALLEGAN METAL FINISHING COMPANY ALLEGAN MI 0655 UNION CARBIDE-LINDE DIVISION ASHTABULA OH 0663 MARQUETTE ELECTRONICS, INC. MILWAUKEE WI 0671 NSM, INC. OGLESBY IL 0680 APOLLO PLATING, INC. ROSEVILLE MI 0683 JAY PLASTICS, INC. MANSFIELD OH 0695 STANDARD OIL (SAMPLING PLAN) CLEVELAND OH 0698 KAISER ALUMINUM & CHEMICAL CORPORATION TOLEDO OH Retyped from the original ------- REGION VI PETNUM PETNAME CITY ST 0261 TEXACO USA PORT NECHES TX 0286 BELL HELICOPTER TEXTRON, INC. FORT WORTH TX 0344 LAKE CITY ARMY AMMUNITION PLANT INDEPENDENCE MO 0351 BLOOMFIELD REFINING COMPANY BLOOMFIELD NM 0396 EXXON COMPANY, BATON ROUGE REFINERY BATON ROUGE LA 0409 TEXAS EASTMAN COMPANY LONGVIEW TX 0453 TEXACO INCORPORATED EL PASO TX 0486 UNION OIL COMPANY OF CALIFORNIA NEDERLAND TX 0545 IBM CORPORATION AUSTIN TX 0563 KOPPERS CO. HOUSTON FACILITY HOUSTON TX 0571 GENERAL ELECTRIC COMPANY SHREVEPORT LA 0606 USEPA COMBUSTION RESEARCH FACILITY JEFFERSON AR 0625 UNION OIL COMPANY OF CALIFORNIA NEDERLAND TX 0648 LAKE CITY ARMY AMMUNITION PLANT INDEPENDENCE MO 0649 TEXAS EASTMAN COMPANY (DRAFT) LONGVIEW TX 0654 KAWNEER COMPANY, INC. SPRINGDALE AR 0660 HOLLOMAN AIR FORCE BASE HOLLOMAN AFB NM 0684 U.S. EPA RELEASES CONTROL BRANCH MCDOWELL MO 0692 CELANESE CHEMICAL COMPANY, INC/BAY CITY PLANT BAY CITY TX Retyped from the original ------- REGION VII PETNUM PETNAME CITY ST 0532 JOHN DEERE COMPONENT WORKS WATERLOO IA 0543 VIKING PUMP DIVISION\HOUDAILLE INDUSTRIES CEDAR FALLS IA 0578 U.S. NAMEPLATE COMPANY INC. MOUNT VERNON IA 0616 PUEBLO CHEMICAL & SUPPLY COMPANY GARDEN CITY KS 0618B MONROE AUTO EQUIPMENT/DIV. OF TENNECO AUTO COZAD NE 0624 SELECT PRODUCTS CO./DIV. OF HALLMARK CARDS LEAVENWORTH KS 0641 THERMEX ENERGY CORPORATION HALLOWELL KS 0656 CLAY EQUIPMENT CORPORATION CEDAR FALLS IA Retyped from the original ------- REGION VIII PETNUM PETNAME 0542 JIM'S WATER SERVICE CITY GILLETTE ST WY Retyped from the original ------- PETNUM 0615 0677 REGION IX PETNAME CITY ST U.S. AIR FORCE - ENGINEERING & SERVICES PACIFIC OCEAN ACME FILL CORPORATION MARTINEZ CA Retyped from the original ------- REGION X PETNUM PETNAME CITY ST 03 93 BOEING COMMERCIAL AIRPLANE CO. AUBURN WA 0552 CHEVRON U.S.A. INC. KENAI AK 0588 BAYLINER MARINE CORPORATION ARLINGTON WA 062 0 BOEING COMMERCIAL AIRPLANE COMPANY AUBURN WA Retyped from the original ------- |