SIMM
      4>EPA
                         Protection
                  Agency
                Oft.c* of
                Solid W«tt« »nd
                6m«rg«ncy
DIRECTIVE NUMBER: 9521.01(84)
TITLE: Inadequate Part B Permit Application


APPROVAL DATE:  5-2-84
EFFECTIVE DATE:  5-2-84

ORIGINATING OFFICE: office of solid waste

E FINAL
                   D DRAFT
                    STATUS:
               [  ]  A- Pending OMB approval
                   B- Pending AA-OSWER approval
               [  ]  C- For review &/or comment
                                 [  ]   D- In development or circulating
                   REFERENCE (other documantt):       headquarters
f£     DIRECTIVE     DIRECTIVE    D

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PART 124 SUBPART A — GENERAL REQUIREMENTS DOC: 9521.01(84)
Key Words: Incomplete Part Bs, Enforcement
Regulations: 40 CFR 124.3(c) and (d)
Subject: Inadequate Part B Permit Application
Addressee: James H. Scarbrough, Chief, Residuals Management Branch,
Region IV
Originators: John H. Skinner, Director, Office of Solid Waste, and Gene A.
Lucero, Director, Office of Waste Programs Enforcement
Source Doc: 1/9521.01(84)
Date: 5—2—84
Summary:
A determination that a Part B permit application is complete is not neces-
sarily a determination that the application is free of deficiencies. The Region
may need additional information during the detailed review of the application
to obtain a “technically adequate” application. According to §12 4 .3(c), the
Regional Administrator may ask the owner/operator who submitted a complete
application to provide additional information when necessary to clarify, modify,
or supplement previously submitted material. If the applicant fails or refuses
to correct deficiencies in the application, the Regional Administrator may deny
the permit or take appropriate enforcement actions under the applicable statutory
provision, including RCRA §3008 [ 124.3(d)J.
There are several options that the Regional offices can use to obtain
additional information. If the Region does not believe that written or verbal
attempts to get information will be successful, the Region nay:
o issue a warning letter (leading to a §3008 administrative order);
o issue a §3008 order directly;
o issue a notice of intent to deny the permit.
Regional offices must determine the specific mechanism to use on a case—
by—case basis.

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9521.oj (84)
2- MAY 1S84
MEMORANDUM
SUBJECT: Inadequate Part B Permit Application
FROM: John H. Skinner, Director
Office of Solid Waste (WH—562)
Gene A. Lucero, Director
Office of Waste Programs Enforcement (WH—527)
TO: James H. Scarbrouyli , Chief
Residuals Management Branch, Region IV
You have requested guidance on whether the use ot Section
3uU administrative orders is appropriate to compel RCRA permit
applicants to submit “tecnnicafly adequate” information after an
application nas been determined “complete. 1 ’
A determination that an application is complete is not
necessarily a determination tnat the application is free of
aeficiencies. Uuriny the detailed review of the application and
tne draftiny or permit conditions, it may become necessary to
clarity, modify or supplement previously submitted material
Detore proyressiny to a draft permit or a decisionto deny.
The regulations specifically provide the Regions authority
tor yatfleriny information after an application has been determined
complete. “After the application is completed, the Regional
Administrator may request additional information from an applicant
but only when necessary to clarify, modify, or supplement previously
submitted material.” 4(YC’FR 124.3(c).
If applicants do not supply the requested information, the
Regions may compel them to do so. If the information is not
forthcoming, the Regions may deny the permit. “ [ fan applicant
tails or refuses to correct deficiencies in the application, the
permit may oe deal ed and approp ri ate eat orcement actions may e
taken under tne applicable statutory provision including RC (A
ect 1on 3008...” 40 CFR 124.3(d).
You are correct in concluding that the entorcement guidance
dated September 9, 1983, speak only to ‘late or inconipleceu

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—2—
aj plicat1ons. That guidance w4S Intended to apply to the period
before the application is determined coaplete. After the fir d1n,
that tne application Is complete, su pl ental Infur at1on nay
be needed, You haYs several options for ootain1n this add1ti nal
Information.
If you eliev. written or verbal atteupts to et additional
Information will nat bS successful, you way: Issue a warning
letter (leading to a ‘Section 3U08 administrative order), go
directly to a Section 3008 order, or Issu. a notice of Intent to
deny tne permit. The specific mechanism used is an area of
discretion and requires case by case judgments by ft.glonal offices.
The Re9lon$ should select the administrative or enforcement
mechanisms that will most efficiently ezpedlte the developaent
of Information necessary for CRA permit decisions. The office of
Waste Programs Enforcement is currently worting on galdance which
will assist yo In selecting among enforcement responses, ibis
guidance should be available midsummer,
cc: Branch Chiefs, Re 1ons I—Il!, V—I
eg1oaal Directors, Regions I-I

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