Environmental Protection
Ottic* ot
Solid Wtiie »nd
Em«rg«ncy
                   DIRECTIVE NUMBER:  9523.00-11
                   TITLE:  Denial of RCRA Operating Permits

                   APPROVAL DATE:   December 10, 1986
                   EFFECTIVE DATE:   December 10, 1986
                   ORIGINATING OFFICE:  osw
                   D FINAL
                   D DRAFT
                     CTATIIC.      [  J  A~ Pendin§ OMB approval
                                      B- Pending AA-OSWER approval
                                        For review &/or comment
                                        In development  or circulating
                   REFERENCE (other document*):       headquarters
                          nci/i/£j?        nc
'E     DIRECTIVE    DIRECTIVE    D

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r, r
VVasriungton UC 204b0
EPA OSWER Directive Initiation Request 9523.00-il
Orginator In 1 orma’or
Name of Conact Person — Mad Code — Branch
Matt Hale
Te lepnoner4umper
WH-563 Permits Branch 382-4740
Lead Office
D
OERR
Approved for Review
OUST
OWPE
OSW
AA-OSWER I
Title
Denial of
RCRA Operating Permits
Summary of Directive
Facility
while def
permits can be denied for the active life of a facility
erring a final decision on post—closure conditions.
Model lan
guage is provided for Notice of Intent to Deny.
Key Words: Permit, Permit Denial, Post. Closijre, Joint Permit, Land Disposal
Facility
Type of Directive (Manual Policy Directive. Announcement. etcj Status
0 Draft I New
Policy Directive
LU Final Revision
Does mis Directive Supersede Pre i,ous Directive(s 1 ) yes No Does It Supplement Previous Directivefsf Yes No
If Yea to Either Question What Directive (number rirle/
Review Plan
12 AA OSWER 12 OUST 12 OECM 12 Other fSpecdy/
2 OERR 0 OWPE OGC
osw 0 Regions 12 OPPE
This Request Meets OSWEA Directives System Format
Sigr’ature of Lead Office DIrectives Officer Date
Signature of OSWER Directives Officer
Date

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O Sr 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C 20460
pqO ’
OEC i 0 986 O ER LOLICY DIRECFIVE
O. 9523.00—11
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
F1E 1ORANDUM
SUBJECT: Denial of RCRA erating Permi
FROM: rlarcja Williams, Director
Office of Solid Waste ( r-i - t
TO: Hazardc s Waste Division sicectors
Regions I-X
A number of Regions have raised the question of whether they
can deny a permit for the active life of a facility, while
deferring a final decision on post-closure conditions. The
concern of these Regions is that, once a permit application has
been denied, a post-closure p2rmit can no longer be r uired.
Although EPA’s permitting regulations envision only one
approval or denial decision on a permit application, they do not
prohibit the permitting authority fran dividing this decision
into two parts, one applying to the active life of the facility
and the other to the post-closure period. Consequently, EPA or
an authorized State (unless it has more stringent requiranents)
may deny the active portion of a permit application, pending a
decision on post-closure conditions. After denial of the cperating
portion, the facility would be required to cease receiving
hazard s waste and begin closure.
If a Region or an authorized State adopts this approadi with
respect to a particular facility it should make it clear in its
tentaU .ve decision that it is denying the permit only with respect
to the active life of the facility and that the facility is
still r uired to obtain a x)st—closure permit. We recanmend
that you include the following inforrration in the Notice of
Intent to Deny with respect to such a facility.
The tentative decision to deny the permit application runs
to the active life of the facility only. The permit denial
will not affect the requiren nt that the owner or operator
obtain a permit covering the applicable post—closure care
period with respect to the hazardous waste tTanagen nt units
for which the permit is denied, in accordance with 40 CFR
270.1(c).

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-2- OS JER POLICY DIREL’rIVE
NO. 9523.00—11
A comparable statement should be included in the final notice of
denial.
We will also be proposing to amend §270.1(c) of the permitting
regulations to clarify EPA ’s authority to divide permit decisions
in this way. The proposal is scheduled for publication in February.
Before this clarification is issued, you should include the
statement cited above in any Notices of Intent to Deny.
If you have any questions on this issue, please contact Matt
Hale of the OSW Permits Branch.
cc: RCRA Branch Chiei, Regions I—X
Bruce Weddle, OSW
Matt Hale, OSW
Carrie Wehling, OGC

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