oEPA
lnvwonm*rn*i Protection
O«'C« of
Solid w»tt« and
DIRECTIVE NUMBER: 9560.05-85
TITLE: Loss of Interim Status Provisions
V
APPROVAL DATE: 5/24/85
EFFECTIVE DATE: 5/24/85
ORIGINATING OFFICE: osw
Q FINAL
D DRAFT
STATUS:
[ ]
[ J
[ ]
[ ]
REFERENCE (other document*)
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D- In development or circulating
headquarters
'E DIRECTIVE DIRECTIVE L
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- '....", . '~asnlnglon, ue. 20460 9560.05-85
3EPA OSWER Directive Initiation Reauest ,
Or,qlnalor Informa!"'~
Mad Code - Branch I Telepno3'SNumoer
.Name 01 COnlltt ~~S8ale OSW/PSPD . 2-2210
0 OUST Approved II)r RevIew
Lead OffIce S,gnature 01 OffIce D,rector I Date
DOERR 0 OWPE .
EJ 0 AA.OSWER i
OSW
Title
Loss of Interim Status Provisions
Summary of Directive
To retain interim status a facility owner or operator must submit one
of the following: 0
- Facilities that intend to operate after November 8 must submit a Part B
application to operate after November 8.
- Facilities that intend to cease operation on November 8 must submit
a closure plan and application for a post-closure permit to cease
operation on November 8.
- Surface impoundments and waste piles that intend to cease operation on November
8 and close by removal of wastes must submit a closure plan.
- A closure plan for surface impoundments and waste piles to cease operation
on November 8 and close by removal.
Key Words:
azardous & Solid Waste Amendments. Loss of T im <::..'.,... T>
Tvpe of Dorectlve (Manual. POlICY Dlrecr",e. Announcement, elc.) . Status
, 0 0 New
I Draft I
i c:J FInal I 0 RevISion
,
Doe9th,s DirectIve Supersede PreviOus Dlrectillelsj} U Yes lI.tJ No Does It Supplement PreVIOuS Dlrectlvelsl} U Yes Gd No
If "Ves" to Either Question, Whit Jlrectlve (number, ""e)
Review Plan 0 OECM 0 Other ,'Speedy)
0 AA.OSWER 0 OUST
DOERR 0 OWPE 0 OGC
0 OSW 0 Regions 0 OPPE
This Request Meets OSWER DIrectives System Format : Date
Slgr~a!ure 01 Lead Office D,recllves OffIcer I
I
S'gnature 01 OSWER DirectIves Off.cer : Date
I
..
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24 MAY 1985
l'mf"iORANDm'1
SUBJECT:
LOBS of Interim Status Provisions
Bruce R. i-leddle /~,./
Direc tor ! -
Permits and State Programs Division (WE-563)
FRQr., :
TO:
Regional Hazardous Waste Division Directors and
Regional Hazardous Waste Branch Chiefs
Regions I through X
There is often a substantial tice lag between the point .t
w}1ich decisions are made on key policy questions and the time when
those decisions are included in final form in written guidance and
lf1err;oranda. That time differential l'esul ts from the necessity of
clearly articulating the policy in Guidance, obtaining the.
appropriate concurrences, and in reproduction and mailing. There-
rore, in an effort to provide more timely guidance I plan to use
the E-I\1ail system to "informally" trar18rnit decisions prior to their
inclusion in written guidance. Since many of those decisions will
not have the concurrence of various offices, I will also indicate
the nature of the decislor1. For excunple, if John Skinner r:~akes a
decision in the permitting area that requires enforcement concurr-
ence, 1 Hill either try to obtain the Office or \'Jaste Program
Enforcement's concurrence orally on the policy or I will indicate
that a tentative decision was ~adc by John which was subject to
further review.
I believe this early notice will serve two purposes. First,
to the extent that you have concerns or problems this process will
provide you with an early opportunity to comment. Secondly, to
the extent that the pollcy represents final Headquarters pOlicy,
it will enable you to iQplement that policy prior to receipt of
the written guidance.
In this memorandum I am transmitting, the decision ~ade by
John and concurred on by Gene regarding the permitting aspects of
the loss of interim status requirements under HSWA. This policy
is in a guidance document which is currently scheduled to be signed
and sent to you within the next week or two.
~,
,
r '"
" ;'.' L_~o"~L
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Question: Under section 3005(e)(2)(A) what type of per~it
appli~~tion must be subDitted by November 8 in order for the
facility to retain interin status?
Answer: To retain interim status a facility owner/operator
must submit one of the following:
-- For facilities that intend to operate after November 8: A
Part B application for a permit to operate the facility. A
facility may only' receive waste after November 8, 1985, if it
has submitted a Part B application to operate the facility.
-- For disposal facilities that intend to cease operation on
November 8: A closure .plan and an application for a post-closure
permit.
'-- For surface impoundments and waste piles that intend to cease
operation on rJoverlber 8, and close by removal of \-mstes: A closure;
plan. .
cc:
John .skinner
~a1ce Cook
Gene Lucero
Lloyd Guerci
bee: Truett DeGeare
Peter Guerrero
Clem Rastatter
B\'iecdle' s Dictation Disket te : 5/24/84: Em. S2C; 3: 3 82-1~ 7 LI6
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