Document 44JV7eoEDz5B4M197QdZ47y6V

ivErsilhch Deneral a QenCohp c ompani MEMO TO: DIVERSITECH POLYMERS DIVISION ATTENTION: H. S. Wheeler FROM: R. W. Frase DATE: May 29, 1985 SUBJECT: SALE OF ASHTABULA FACILITY - Environmental Disclosures I have reviewed again the environmental regulations as they apply to transfer of ownership and found one more point we may not have covered. This requirement is a part of the interim hazardous waste regulations that apply to owners of TSD facilities. Per the requirements of 40 CFR 265 Subpart 265.12(b) (highlighted copies attached). as owners of Ashtabula we also must notify a new owner in writing that the facility must meet the requirements of Title 40 Code of Federal Regulations Parts 265 and 270. This is rather straightforward except that buried in 40 CFR 270.72(d) is a statement which in essence says that we are required to maintain financial responsibility for the hazardous waste practices of the new owners until the new owner meets one of the responsibility tests. As I interpret this regulation, we still owe a new owner this letter of notification. xd Attachment cc w/attachments: B. Thompson J. Henrick R. P. DeTorre ,,r. l-o 1-85 161.2054 FEDERAL REGULATIONS immediately contain or treat a spill of (d) The following hazardous wastes of the waste is expected to arrive at the hazardous waste or material which, must not be managed at facilities sub facility. Noticerof subsequent shipments when spilled, becomes a hazardous ject to regulation under this Part. of the same waste from the same foreign waste, except that, w'ith respect to such (1) EPA Hazardous Waste Nos. source is not required. activities, the appropriate requirements FO20, F021, F022, F023, F026, or fb) Before transferring ownership or of Subpart C and D of this Part are F027 unless: Operation of a facility during its applicable to owners and operators of treatment, storage and disposal facilities otherwise subject to this Part, [Comment: This paragraph only applies to activities taken in immediate response to a spill. After the immediate response activities are completed, the regulations of this Chapter apply fully to the management of any spill residue or debris which is a hazardous waste under Part 261.) [The second 265.1(cXll) added by 48 FR 2511. Januarj 19, 1983. See editor's note above,] (11Ki} Except as provided in paragraph (c)(ll)(ii) of this Section, a person en gaged in treatment or containment activi ties during immediate response to any of the following situations: (A) A discharge of a hazardous waste; (B) An imminent and substantial threat (i) The wastewater treatment sludge (operating life, or of a disposal facility is generated in a surface impoundment during the post-closure care period,'the as part of the plant's wastewater treat owner or operator must notify the new ment system; J `owner or operator hi writing of the (ii| The waste is stored in tanks or ! requirements of thlrPart and.Pan 270 of containers; f sthis Chapter.' (Also sec 270.72 of this (iii) The waste is stored or treated in ^Chapter.) - - - waste piles that meet the requirements [265.12(b) amended by 48 FR 14153, of 264.250(c) as well as all other ap April 1, 1983] plicable requirements of Subpart L of this Part; (iv) The waste is burned in inciner ators that are certified pursuant to the [Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this Part in no way relieves the new owner or standards and procedures in 265 352: operator of his obligation to comply with or all applicable requirementa.] (v) The waste is burned in facilities that thermally treat the waste in a de vice other than an incinerator and that are certified pursuant to the standards and procedures in 265.383. (Approved by the Office of Manage ment and Budget under control num ber 2050-0013) [265.12 amended by 50 FR 4513, Janu ary 31, 1985] of a discharge of a hazardous waste; 1265.1(d) added bv 50 FR 1999, January (C) A discharge of a material which, 14, 1985) when discharged, becomes a hazardous 265.2*265.3 [Reserved] waste. (11) An owner or operator of a facility $ 265.4 imminent hazard action. otherwise regulated by this Part must Notwithstanding any other provisions comply with all applicable requirements of of these regulations, enforcement Subparts C and D. actions may be brought pursuant to (lii) Any person who is covered by para Section 7003 of RCRA, graph (c)(ll)(i) of this Section and who continues or initiates hazardous waste 265.5-265.9 (Reserved) treatment or containment activities after <ubpart B--General Facility .Standards 265.13 General waste analysis. (a)(1) Before an owner or operator treats, stores, or disposes of any hazardous waste, he must obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with the requirements of this Part. (2) The analysis may include data the immediate response is over is subject to all applicable requirements of this Part and Parts 122-124 of this chapter for those activities. (12) A transporter storing manifested shipments of hazardous waste in 265.10 Applicability The regulations in this Subpart apply to owners and operators of all hazardous waste facilities, except as f 265.1 provides otherwise. containers meeting the requirements of 265.11 Identification number. 40 CFR 262.30 at a transfer facility ^-Every facility.ownar-or operator-must for a period of ten days or less. apply to EPA for an EPA identification (13) The addition of absorbent materi number in accordance with the EPA al to waste in a container (as defined in notification procedures [45 FR 12746). 260.10 of this chapter) or the addition of waste to the absorbent material in a 265.12 Required notices.""'' container provided that these actions oc I interim fin ull developed under Part 261 of this Chapter, and existing published or documented data on the hazardous waste or on waste generated from similar processes. [Comment: For example, the facility's record of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph cur at the time waste is first placed in (a) The owner or operator of a facility (a)(1) of this Section. The owner or the containers; and 265.17(b), 265.171, that has arranged to receive hazardous operator of an off-site facility may and 265.172 are complied with. waste from a foreign source must notify arrange for the generator of the |26.VI(c)(l3) added by 47 FR 8306, Feb the Regional Administrator in writing at hazardous waste to supply part or all of ruary 25. 1982] least four weeks in advance of the date the information required by paragraph Environment Reporter [Sec. 265.13(a)(2)] 170 GENC 26162 EPA WASTE PERMIT PROGRAM RULES S-72B 161:2325 the permit applicant and to each (b) Failure to qualify for interim ardous waste may be made at a facility person who submitted written com slateu. If EPA has reason to believe or additional processes may be added ments on the phased permit or who re upon examination of a Part A If the owner or operator submits a re quested notice ol the final decision on application that it fails to meet the vised Part A permit application prior the second phase of the permit. The second phase of the permit then will become effective as specified in l 124.15(b). (3) If modifications under 5 270.41(a)(2) are necessary. the requirements of { 270.13, it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for EPA's belief that the application is deficient. The owner second phase of the permit will or operator shall have 30 days from become effective only after those receipt to respond to such a notification modifications have been made. and to explain or cure the alleged 5 270.64 interim permits for U1C wella- deficiency in his Part A application. If. after such notification and opportunity to such a change (along with a Justifi cation explaining the need for the change) and the Director approves the change because: (1) It is necessary to prevent a threat to human health or the envi ronment because of an emergency sit uation. or (2) It is necessary to comply with Federal regulations (including the in The Director ma> issue a permit under for response. EPA determines that the this part to any Class 1 UIC well (see application is deficient it may take terim status standards at 40 CFR Part . 265) or State or local laws. 144 6 injecting hazardous wastes within a State in which no UIC program has been approved or promulgated. Any such permit shall apply and insure compliance with all applicable requirements of 40 CFR Part 264. Subpart R (RCRA stan dards for wells), and shall be for a term appropriate enforcement action. fd) Changes In the ownership 'ir V- operational control of a facility may [270.70(b) revised by 49 FR 17718. April be made If the new owner or operator 24, 1984] submits a revised Part A permit appli cation no later than 90 days prior to 5 270.71 Operation during Interim status. the scheduled change. When a trans (a) During the interim status period fer of ownership or operational con the facility shall not: i trol of a facility occurs, the old owner not to exceed two years. No such permit (1) Treat, store, or dispose of hazard or operator shall comply with the re shall be issued after approval or promul ous waste not specified In Part A of quirements of 40 CFR Part 265. Sub gation of a UJC program in the State. the permit application: part H (financial requirements), until Any permit under this section shall con (2) Employ processes not specified in the new owner or operator has demon tain a condition providing that it will ter minate upon final action by the Director under a UIC program to issue or deny a UIC permit for the facility. (270.64 amended by 48 FR 30113, June 30. 1983] B 270.65--270.69 [Reserved) Fao r*tt AA noff tthhee tp-nearrmmiitt uarpmpUlicraAttilonnn:1 norr ! str_a_jt.e__d ato^ nth.e. rDxir-e..c*tor that uit iis_c__o__m_ (3) Exceed the design capacities plying with that Subpart. All other In specified in Part A of the permit appli terim status duties are transferred ef cation. f (b) Interim status standards. During interim status, owners or operators shall comply with the Interim status standards at 40 CFR Part 265. i fective Immediately upon the date of the change of ownership or operation al control of the facility. Upon demon stration to the Director by the new owner or operator of compliance with \ that Subpart, the Director shall notify ISubpart G--Interim Status 6 270.72 Changes during interim status. , the old owner or operator In writing (a) New hazardous wastes not previ that It no longer needs to comply with 270.70 Qualifying for interim status. ously identified in Part A of the that part as of the date of demonstra te) Any person who owns or operates an "existing HWM facility" shall have Interim status and shall be treated as having been issued a permit to the extent he or she has: (1) Complied with the requirements of Section 3010(a) of RCRA pertaining to notification of hazardous waste ac tivity. [Comment: Some existing facilities may not permit application may be treated, stored, or disposed of at a facility li the owner or operator submits a re vised Part A permit application prior to such a change; (b) Increases in the design capacity of processes used at a facility may be made If the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for tion. - __ ___ fe) In no event shall changes be made to an HWM facility during inter im status which amount to reconstruc tion of the facility. Reconstruction occurs when the capital Investment in the changes to the facility exceeds fifty percent of the capital cost of a comparable entirely new HWM facili ty. be required to file a notification under Sec the change) and the Director approves 6 270.73 Termination of interim itatui. tion 3010(a) of RCRA. These facilities may qualify for interim status by meeting para graph (a)(2) of this tectlon.l (2) Complied with the requirements the change because of a lack of availa ble treatment, storage, or disposal ca pacity at other hazardous waste man agement facilities; Interim status terminates when: (a) Final administrative disposition of a permit application is made; or of 5 270.10 governing submission of (c) Changes in the processes for the (b) Interim status is terminated as Part A applications; treatment, storage, or disposal of haz- provided in 5 270.10(e)(5). 2-8-85 [6e. 270.73 (b)l PuWiebed by THE BUREAU OF NATIONAL AFFAIRS, INC.. Wiihlngton. D C 20037 223 GENC 26163