40 C.F.R. § 270.73

Termination of interim status

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Interim status terminates when:

(a) Final administrative disposition of a permit application, except an application for a remedial action plan (RAP) under subpart H of this part, is made.

(b) Interim status is terminated as provided in § 270.10(e)(5).

(c) For owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, on November 8, 1985, unless:

(1) The owner or operator submits a part B application for a permit for such facility prior to that date; and

(2) The owner or operator certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements.

(d) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a RCRA permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:

(1) Submits a part B application for a RCRA permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and

(2) Certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.

(e) For owners or operators of any land disposal unit that is granted authority to operate under § 270.72(a) (1), (2) or (3), on the date 12 months after the effective date of such requirement, unless the owner or operator certifies that such unit is in compliance with all applicable ground-water monitoring and financial responsibility requirements.

(f) For owners and operators of each incinerator facility which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a part B application for a RCRA permit for an incinerator facility by November 8, 1986.

(g) For owners or operators of any facility (other than a land disposal or an incinerator facility) which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1992, unless the owner or operator of the facility submits a part B application for a RCRA permit for the facility by November 8, 1988.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 54 FR 9609, Mar. 7, 1989; 56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 63 FR 65941, Nov. 30, 1998]

Notes of Decisions

Cited in 6 cases, 1986–2006 · leading case: Thermalkem, Inc. v. United States Env't Prot. Agency, 25 F.3d 1233 (3rd Cir. 1994).

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Thermalkem, Inc. v. United States Env't Prot. Agency, 25 F.3d 1233 (3rd Cir. 1994). · cites it 2× “40 C.F.R. § 270.73 . On November 17, 1980, ThermalKEM, through its predecessor, Industrial Chemical Company, Inc.”

Abreu v. United States, 468 F.3d 20 (1st Cir. 2006). “§ 6925 (e)(2); 40 C.F.R. § 270.73 (f). The district court found that the open burning/open detonation facility was properly classified a "treatment” facility under the RCRA regulations, and that consequently the Navy timely completed the second step in the permitting process and…”

United States v. Conservation Chem. Co. of Illinois, 660 F. Supp. 1236 (N.D. Ind. 1987). “A facility’s interim status terminates either upon final administrative disposition of a permit application, 40 C.F.R. § 270.73 (a), or upon failure of the operator to furnish the full information required by the Part B application, as described below.”

Northside Sanitary Landfill, Inc. v. Thomas, 804 F.2d 371 (7th Cir. 1986). · cites it 2× “A facility’s interim status terminates either upon final administrative disposition of a permit application, 40 C.F.R. § 270.73 (a), or upon failure of the operator to furnish the full information required by the Part B application, as described below.”

United States v. Env't Waste Control, Inc., 698 F. Supp. 1422 (N.D. Ind. 1988). “40 C.F.R. § 270.73 (a). B.Part B Applications Under the 1984 amendments to RCRA, a facility that had been granted interim status before November 8, 1984 would have its interim status terminated on November 9, 1985 unless the facility (1) applied for a final determination…”

Thermalkem, Inc. v. U.S. EPA (3rd Cir. 1994). “§ 6925 ; see also 40 C.F.R. § 270.73 . The EPA and South Carolina Department of Health and Environmental Control ("DHEC") asked ThermalKEM to submit Part B of its application in accord with this schedule.”

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