&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
TITLE:
9523.00-16
APPROVAL DATE: April 19, 1988
EFFECTIVE DATE: April 19, 1988
ORIGINATING OFFICE: Osw
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents)':
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE Di
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03 environ men 1*1 fivicCUOn AQCnCV
Washington. DC 20400
OSWER Directive Initiation Request
1. Directive Number
9523.00-16
2. OriOTitor Information
Name of Contact Person
Frank McAlister
>de
3. Title
Call-in Storage and Treatment Applications
4. Summary of Directive (include brief statement of purpose)
This memorandum clarifies which facilities must submit their Part B Permit
applications bv November 8, 1988 *nd urges EPA Regional Offices to send
"of'fy'ng fac"ili«-ie° of 'hi* de^dl^ne
5. Keywords . . _ 0
Interim status / Permit / Part B
>a. Does This Directive Supersefle Previous Directwe(s) 1
b. Does It Supplement Previous Oirective(s)?
No
x NO
Yes What directive (number, title)
Yes What directive (number. tWe)
Draft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
D - In Oevetopme
8. Document to be distributed to States by Headquarters?
Ye»
X
No
This R«quea< Meets OSWBB
System Foonat Standards.
9. Signature of Lead Office Directives Coordinator
10-Name .arid TiilepApprov
Date
Date
Officer
EPA Form 1315-17 (Rev. S->7) Previous editions are ibsolete
OSWER OSWER OSWER C
VE DIRECTIVE DIRECTIVE DIRECTIVE
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9523.00-16
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
ADD I Q .^-••- SOLID WASTE 4NO EMERGENCY RESPOND
MEMORANDUM
SUBJECT: Call-in of Storage and Treatment Applications
FROM: Sylvia K. Lowrance, Director^ > ; \
Office of Solid Waste ^- ' f^ N >--v-
TO: Waste Management Division Directors
Regions I-X
Section 3005(c)(2)(C) of RCRA provides a statutory deadline by
which interim status treatment and storage facilities must submit their
Part B permit applications or their interim status will terminate on
November 8, 1992 if EPA has hot issued a permit. The deadline for
storage and treatment facilities to submit their permit applications is
November 8, 1988.
You should be--aware, however, that these deadlines apply only to
facilities and units that were in interim status on November 8, 1984. A
unit handling temporarily excluded waste on November 8, 1984 or a unit
added to an interim status facility after this date through a change in
interim status would not be subject to the 1988 application deadline or
the 1992 permitting deadline.
In order to give facilities subject to the 1988 deadline a full
six-month period to prepare and submit their applications (at least for
affected units), I urge you to send letters notifying these facilities
of the deadlines, and reminding them that they should submit a Part B
application if the facility (or unit) intends to continue operating
after November 8, 1992. If the facility (or unit) plans to close prior
to November 8, 1992, you should consider requesting a written confirma-
tion of intent to close in lieu of a Part B application. For closing
facilities, it would be useful to remind them that they must submit
their closure plan for approval at least 45 days prior to the date that
closure will begin. (Section 265.112(d)(1) requires owner/operators to
submit closure plans 45 days before they begin final closure of a
facility with only tanks, container storage, or incinerator units.)
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9523.00-16
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These letters should be received by the regulated community on
or before May 8, 1988. In authorized States, the letters could
consolidate the State and Federal permit application requests
so that the permitting jurisdiction of the two agencies is clear.
(Note that this requirement to send letters to storage and treatment
facilities is referred to on page 2.1 of the FY 1988 RIP.)
You should also expect facilities submitting Part B applications
by the 1988 deadline to make a good faith effort to provide complete
applications. I believe that there are good reasons to require
preparation of a complete application by the 1988 deadline. For
example, preparation of a complete Part B may initiate actions which
are environmentally beneficial. These actions include:
o Precipitation of decisions to close facilities that will
have difficulty complying with Part 264 regulations or
that do not intend to upgrade to meet permit standards;
and
o Stimulation of applicant decisions to begin improvements.
I am sensitive to the problems created when applications become
stale during the time they are awaiting processing. Some of these
problems might be alleviated if an additional letter is sent to
facilities several months prior to the scheduled date of permit
processing. This w'ill give them an opportunity to amend and update
their Part B before processing begins. You may wish to consider
trying this approach.
Thank you for your cooperation in meeting this important deadline.
If you have any questions, please call Frank McAlister at FTS 382-2223
cc: RCRA Branch Chiefs, Regions I-X
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