vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9521.03(34)
TITLE: ; Reporting Withdrawals in SPMS as Final Permit
Determinations
APPROVAL DATE: : 7-9-84
EFFECTIVE DATE: : 7-9-84
ORIGINATING OFFICE
0 FINAL
D DRAFT
STATUS:;;
Office of Solid Waste
[ 1
REFERENCE (other documents):
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headquarters
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE Di
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PART 124 SUBPART A - GENERAL REQUIREMENTS DOC: 9521.03(84)
Key Words: " RCRA Permits, Withdrawals, Protective Filers, SPMS
Regulations: 40 CFR 124 Subpart A
Subject: Reporting Withdrawals in SPMS as Final Permit Determinations
Addressee: Hazardous Waste Division Directors, Regions I-X
Originator: John H. Skinner, Director, Office of Solid Waste
Source Doc: #9521.03(84)
Date: 7-9-84
Summary:
For SPMS purposes, a permit application is considered withdrawn when EPA
or an authorized State approves the closure plan for the facility following an
inspection, a public notice of the plan, and response to comments. Reversions
to less than 90-day storage can be counted as final determinations if the above
procedures are followed.
Termination of interim status through permit denial is not a prerequisite
for counting a withdrawal as a final determination. The Region and State make
the decision whether to proceed to deny a permit and terminate interim status
for facilities which request withdrawal. The Region and State must also con-
sider the effects of the recently enacted Hazardous and Solid Waste Amendments
on any decision to terminate interim status. Permit denial for facilities
which have withdrawn should not be reported as a "permit denial" final determi-
nation in SPMS. A protective filer cannot be reported as a final determination
because the protective filer never qualified for interim status, and therefore
was never subject to the closure requirements. Applications withdrawn for new
facilities are not counted as final determinations in SPMS since there is no
closure process for such facilities.
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9521.03 '.'3-
9 JUL 1984
Subject: Reporting Withdrawals aa Final Permit Determinations
From: John H. Skinner, Director
Office of Solid Waste
Tot Hazardous Waste Division Directors, Regions I-X
Purpose
This memo is In response to your inquiries concerning how to
report permit withdrawals In the Strategic Planning and Management
System (SPMS). It replaces all earlier guidance in this regard.
PeguIreraents for a Withdrawal Final Determination
For SPMS purooaes, a permit application is considered with-
drawn when IPA, or *o authorised state, approves the closure
plan for the facility following *n inspection, a ouhlic notice
of the plan, and response to conments.Termination ofinterim
status throuoh o«rn»it denial is not a prerequisite for counting
a withdrawal as a final determination, nor does it matter whether
thp Part * reau*st precipitated the closure or whether the facility
voluntarily chose to close in the absence of a Part B request.
As discussed in previous guidance and In conversations we Have
had, it is a regional and state decision whether to proceed to
deny a permit and terminate • interim status for facilities which
request withdrawal. Note, if you deny a permit for facilities whic.s.
have withdrawn (as defined above), this perr.it denial should not
be reported as a "p«mit denial" final determination in SPMS since
the "permit denial" category is reserved for facilities which re-
quested a permit and were denied because they failed to submit ar.
adequate Part 3 and/or failed to shew compliance with the Part 264
standards. We are developing separate guidance on hew and when to
terminate the. interim status of facilities.
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Proteett*e Pllera - -
In no case should the withdrawal of a protective filer be
r^^rted as a final oerMt determination. A withdrawal la con-
sidered a final determination only If the facility qualified
for interl^ status, requested withdrawal (e.g., went out of
bu«ines«, changed waste streams, moved to und*r 90-day storage),
«n inspection was conducted of the facility, /and a closure plan
wan approved after public not lea.
Leas Than 90-day Storera
Regarding !••• than fO-day storers, some regions have
wh«th«r cloaur* plana should b« required and, if ao, when such
plan* should b« i«pl«a«nt«d. We are alao developing guidance in
.this ar«ai in the interla, you should report rave ra ions to leaa than
90-^jay storag* ac final determination* In SPH3 only If the procedures
outlined in thin i»«r«o are followed (I.e., inspection, public notice,
clonurw olan aonroval, etc.). Depending on our future guidance
on facilities which hare b«coa« le«» than 90-day storers, we «ay
track actlvitten related to actual closure of these facilities
outside th* ?»MS ay at as entirely.
withdrawn for new facilities will not be counted
as final determinations In SPMS since there is no closure process
fo»- t*-**** 'acuities. Powover, you «hr*u1<* Indicate theee withdrawals
tr» *b» PVP»C n*r«it nctlon record b-csuai? w* do want a recort of. '
t^»s* nc^lon.^ to as^i*f us In evaluative reolonrtl workload. (If FPA,
or an aufhorir-'4 stata, drafted a permit (or a notice of intent to
deny a permit) prior to the arnl icanf ' 3 r*?iuest for withdrawal, the
draft permit ia counted in SPMS towards the region's comaltaent for
draft permits ).
RWDMS Data E laments
We recognize that you may need to change your procedures for
reporting final determinations In RWDMS to accoi-rodate this guidance.
The OSW Information Management Task Force reviewed a draft of thi<*
guidance durlnr their meeting of June 19 anrt 20 and na^o recosir.enda-
tions fcr chancinrj the renortinn procedures to Fiinir.lzo the burden
in the regions. The primary chances Involve redefining ao-ie of the
code* undor ts« Cll^S co«'>on«»nt Cacillty status Information). v~e
will N» sending a Rerorandu-: to you shortly recuest 1 n^ your conme-it"
rtn the T««^ Forces' r«cor»"»»»nd«t ions . Pntil tho final rersortinc
procedures for HVDws are developed, we will continue to verity the
mi^ber of wlthdrawnl fin-%1 d^terr-i nat ions over tho phone wit!^ VCIT
staff before we forward thin information for use in SPMS.
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If you have any question* or comments please contact
Peter Guerrero on 8-382-4740 or Doug Ruby, on 8-382-4499.
Attachment ••• '
cct Hazardous Waste Branch Chiefs, Regions I-X
RWDMS RPOs, Regions I-X
Peter Guerrero
Steve Lew
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