SI«IM
Environment*! Protection
Office of
Solid Waste «nd
&EPA
DIRECTIVE NUMBER: 9484.00-3
TITLE: Implementation Strategy for Surface
Impoundement Retrofitting Exemptions
APPROVAL DATE: 15 September 1986
EFFECTIVE DATE: 15 September 1986
ORIGINATING OFFICE: osw
S FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
[ ] A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- In development or circulating
headquarters
nci/wc?
DIRECTIVE DIRECTIVE D
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SEPA
Wasmngton. ClC 20460
OSWER Directive Initiation Reauest
9484.00-3
Name of Conrac? Person
Alexander Wolfe
Code - Branch
WH-563-B State Programs
Teiepnone Numoer
382-2210
Leaa Office
D OERR
E3 osw
D OUST
n.owp=
D AA-OSWER
Approveo for Review
Signature of Office Director
Date
9-15-86
Title
Implementation Strategy for Surface
Impoundment Retrofitting Exemptions
Summary of Directive
The implementation strategy addresses the guidance manual for
evaluating exemption requests from owner/operators of surface^ _
impoundments. It describes the various implementation activities
selected by the work group and identifies the responsible office
within EPA for each major activity.
Kev Words:
Surface Impoundments
oi Oi'ec::ve (Manual. Policy Oirective. Announcement, etc./
' Status
! D Draft
i G? Final
! Revision
Does tnis Oireci:»e Sup«tseoe Previous OKectiveis;' j j Yes JX j No Does It Supplement Previous Direc-ive-,si;
"Yes" to Either Question. What Directive Inutr.ber. title)
'res
No
ew Plan
D AA-OSWER
D OERR
OSW
O OUST
E OWPE
Ua Regions
D OECM
E OGC
LJ
;spec,fyi office of Water
Pecuest Meets OSWER Directives Svstem Forma;
S.graijre of Leao Office Directives Officer
• Date
! Date
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, o.c. 20460 OSWER POLICY DIRECTIVE NO.
9484 . 00- 3
OFF.CEOF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Implementation Strategy for Surface Impoundment
Retrofitting Exemptions ,
'
FROM: Marcia E. Williams, Director
Office of Solid Waste
TO: Waste Management Division Directors
Regions I-X
Attached is a copy of the Implementation Strategy for the
guidance on Surface Impoundment Retrofitting Exemptions. This
is the second of the implementation strategies being developed
in concert with new regulations and guidances.
In developing implementation strategies, issues that the
Agency might face in implementing the rules or guidances are
identified, and alternatives for resolving those issues are
outlined. Options are reviewed by EPA Regions and Headquarters
and by the States. Finally, the work group selects the options
they agree will best implement the rule or guidance with the
available resources.
The attached implementation strategy addresses the guidance
manual for evaluating exemption requests from owners/operators
of surface impoundments. It describes the various implementation
activities selected by the work group and identifies the respon-
sible office within EPA for each major activity. This strategy
relies primarily upon information dissemination to owners/operators
and strict adherence by EPA to schedules for reviewing and pro-
cessing exemption requests.
I urge you and your staff to read this strategy closely
in conjunction with the Surface Impoundment Retrofitting
Guidance that was forwarded to your offices on July 23, 1986.
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It is my intention that the implementation strategies be dynamic
documents and subject to change as time and events warrant. If
you should have any additional ideas or concerns that you think
should be included in future revisions of this strategy, please
contact Alex Wolfe of the State Programs Branch at FTS 382-2210.
Attachment
cc: Hazardous Waste Branch Chiefs, Regions I-X
Surface Impoundment Retrofit Workgroup
Bruce Weddle
Jack Lehman
Eileen Glaussen
Christina Parker
Lloyd Guerci
Margie Russell
Jack McGraw
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9484.00-3
IMPLEMENTATION STRATEGY
FOR
SURFACE IMPOUNDMENT RETROFITTING EXEMPTIONS
"Permits and State Programs Division
Office of Solid Waste
U.S. Environmental Protection Agency
September 1986
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.00-3..-
PREFACE
The Hazardous and Solid Waste Amendments (HSWA) of 1984
require new surface impoundments to be lined with two or more
liners, to have a leachate collection system between the liners,
and to conduct ground-water monitoring. Impoundments that were in
existence on November 8, 1984, and do not meet these standards
must, by November 8, 1988, elect one of the following approaches:
1) retrofit to meet the minimum technology standards; 2) qualify
for one of the four exemptions specified in Section 3005(j); or 3)
cease accepting hazardous wastes. Details of these requirements
are provided in Appendix A.
This document presents EPA's strategy for implementing the
process of reviewing applications for exemptions from the
retrofitting requirement. The implementation strategy calls for
EPA to undertake five basic activities. The strategy also
designates which entities are responsible for these activities,
and sets target dates for completion of the activities. An
Executive Summary provides a brief overview of the key elements of
the strategy. It is followed by a full description of the
implementation strategy.
This strategy was developed by a workgroup consisting of staff
from both EPA Headquarters and Regional Offices as well as State
environmental officials. Two reports preceded the development of
this strategy. The Draft Phase I Report, dated April 2, 1986,
identifies issues of concern and discusses options for the
implementation strategy based on a workshop held in March 1986 and
subsequent workgroup comments. The Final Phase II Report, May 8,
1986, details the pros and cons of the options identified for each
of the implementation issues discussed in the Phase I report. The
Phase II report should be consulted to gain a better understanding
of the rationale that went into choosing the options discussed
herein. The process of developing the strategy is detailed in
Appendix B.
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4 b1 4 . 00-3
TABLE OF CONTENTS
Page
PREFACE
EXECUTIVE SUMMARY.
IMPLEMENTATION STRATEGY.
1. Procedural Memorandum/Coordination with the
Regional Water Offices 9
2. Resource Utilization 10
3. Public Involvement/Education 12
4. Data Management Support Needs 15
5. System for Processing Exemption Applications 15
APPENDIX A: SUMMARY OF STATUTE
APPENDIX B: PROCESS SUMMARY
APPENDIX C: STATES AUTHORIZED TO ISSUE NPDES PERMITS
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EXECUTIVE SUMMARY
EPA has decided that the Regions will assume the lead in
reviewing applications for surface impoundment retrofitting
exemptions, and that Headquarters will establish review and
document distribution procedures. Under the Hazardous and Solid
Waste Amendments (HSWA) of 1984, EPA faces a statutory deadline of
November 8, 1987 for making a determination on all applications.
In order to implement the retrofitting exemption program
successfully, the strategy calls for five integrated activities.
An overview of each of the five activities and a schedule are
presented below. Exhibit 1 (in chart form) and Exhibit 2 (as a
timeline) detail all the tasks and their associated timeframes.
1. Procedural Memorandum/Coordination with the Regional Water
Offices
To ensure consistency in the handling of exemption
applications among the Regions a Procedural Memorandum will be
developed by the Assistance Branch (OSW) in cooperation with the
Land Disposal Branch (OSW) and the Office of Water's Program
Implementation Branch. This will be a different memorandum from
the one discussed below. It will discuss all actions that are
necessary to carry out this strategy for implementing the program
and will address specific requirements for permit applications. A
draft of the procedural memorandum will be developed by September
30, 1986 to allow sufficient time for it to be reviewed and to
ensure that the exemption review process is begun early enough to
allow completion .of all reviews by the statutory deadline. The
procedural memorandum will include checklists that describe the
key elements of a complete exemption application for each of the
four exemption requests. The Land Disposal Branch will develop
draft versions of these checklists for all of the exemptions
except the wastewater treatment exemption (for which a checklist
has already been developed) by September 30, 1986.
Of the four retrofitting exemptions, the wastewater treatment
exemption (Section 3005(j)(3)) is expected to be the most widely
used. Review of exemptions sought under this authority will
involve coordination with the Office of Water (OW). On August 11,
1986, the Program Implementation Branch (OW) and the Permits
Branch (OSW) issued a separate memorandum concerning the
relationship between Regional RCRA and Regional Water offices in
reviewing wastewater treatment exemption applications. The
memorandum includes a checklist of information requirements for
use by RCRA personnel in conducting a preliminary completeness
review of this exemption request. The RCRA permit writer will
contact the Regional RCRA/NPDES Coordinator (who has been
designated as such by each Region) when an application under the
wastewater treatment exemption has been received, and will
exemption requests with the Regional
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Water Programs personnel as set forth in their memorandum on
inter-office coordination. If the facility requesting an
exemption is located in a State authorized to administer the NPDES
program, (a list of NPDES-approved States is found in Appendix C),
the Regional Water personnel will make arrangements with the State
to collect information and make the necessary determination.
Coordination between the two Regional program offices will be an
ongoing process as the applications are reviewed through November
8, 1987.
2. Resource Utilization
There are three subactivities associated with this activity:
o A survey to determine the size of the regulated
community;
o Teleconferencing to respond to procedural questions;
and
o Contractor assistance.
Each subactivity is described in turn below.
Survey: The Land Disposal Branch (OSW) has initiated a
survey to determine how many applicants there may be and under
which waiver exemption they will fall. The Land Disposal Branch
will solicit information from the Regions, and owners and
operators, the Regions can use in-house data (e.g., information on
facilities that have both NPDES and RCRA permits) to obtain the
numbers. Subsequent planning of Agency actions will depend on the
results of the survey. It therefore should be completed by
September 30, 1986.
Teleconferencing: The Office of Program Management and
Supporr (OSW), in coordination with the Land Disposal Branch (OSW)
and the Program Implementation Branch (OW), will send out a draft
memorandum (by September 30, 1986) alerting the Regions to
forthcoming teleconferencing and conference calls (to address
questions about the reviewing procedures), which should take place
by October 28th. This memorandum will be discussed in the
procedural memorandum (Activity 1).
Contractor Assistance: In order to process the applications
expeditiously it is imperative that the Regions have access to
contractors if the need arises. • The use of contractors will be an
ongoing process through November 8, 1987. All requests for
contractor assistance should be made as soon as possible and
definitely before October 1, 1987.
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9484.CO
3. Public Involvement/Education
Outreach efforts to provide education and information about
the surface impoundment retrofitting exemptions will be directed
to two audiences: the regulated community and members of the
general public. The Land Disposal Branch (OSW) has developed a
guidance document on retrofitting requirements that was
distributed during July 1986 to the Regions, and owners and
operators. The Program Implementation Branch (OW) and Permits
Branch (OSW) have jointly developed a memorandum including a
checklist of information requirements for the wastewater treatment
exemption and a draft cover, letter that was distributed to the
Regions on August 11, 1986.
For the general public, short fact sheets describing the
program will be developed by the Regions if warranted by the
number of inquiries. The fact sheets also will be distributed as
part of the public hearing process.
4. Data Manaaement Sut>Dort Needs
Regional RCRA personnel will be responsible for tracking data
on the exemption process. Data will be collected on the date of
the exemption request, approval or denial of the request, the date
the review of the application was completed, and the reasons for
approval or denial. The Regions also will be responsible for
obtaining data concerning the exemption process from State offices
and passing all information on to Headquarters once a month. (The
Fiscal Year 1987 RCRA Implementation Plan already calls for
collection of this information.) This will be an ongoing process.
5. System for 'Processing Exemption Applications
On receipt of each application, Regional RCRA personnel will
perform an initial screen of the application to determine the
completeness of the application and to estimate the difficulty of
review. The checklists developed by the Office of Water and
Office of Solid Waste will be used in the completeness review of
applications. Contractor assistance may be used to ease the
burden of the initial review process.
Regional personnel will make every attempt to perform a
completeness review within 30 days of receipt of the application
to determine the adequacy of the submission. If an application
does not contain adequate information to allow the Agency to
determine whether the facility meets the statutory requirements,
the Agency will issue the owner/operator a single request for
additional documentation. The request will describe the
information needed to complete the application and will allow the
applicant 30 days to submit that information. Only one request
will be made for additional information. Because of the tight
statutory timeframe, if the application is still incomplete, the
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Agency will prepare a tentative decision for public notice based
on the information that has been provided by the applicant.
If the Agency denies an exemption request, the facility will
be required to retrofit by November 8, 1988 or cease accepting
hazardous wastes. Because of the statutory deadlines and the
importance of the retrofitting program, the Agency will assign
high priority to the processing of these exemption requests.
Applicants are urged to submit their applications as early as
possible to ensure adequate time to retrofit in the event that
their exemption request is denied. EPA will process applications
on a first come, first served basis. Applicants will be notified
of this procedure in both the procedural memorandum and the
guidance document for retrofitting exemptions under the heading
"Determining the Completeness of the Application."
If possible, the processing of the exemption application will
be completed in conjunction with the processing of the facility's
Part B application. However, if this procedure would cause the
review process to be delayed beyond the statutory deadline, the
review process must proceed separately. A final decision after
notice on opportunity to comment, must be made by November 8, 1987
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EXHIBIT 1
SUMMARY OF IMPLEMENTATION ACTIVITIES FOR SURFACE IMPOUNDMENT RETROFITTING
Subactivities
Distribute guidance, cover
memorandum, and checklist
for wastewater exemption
applications to applicants
and Regions
Develop draft memorandum
discussing teleconferencing
and conference calls
Estimate the number of
applications
Develop and distribute
draft checklists for three
exemption requests as part
of procedural memorandum
Draft and distribute
Procedural Memorandum
Distribute memorandum con-
cerning teleconferencing
Participate in teleconfer-
encing and conference calls
Responsible Agency
Land Disposal Branch, Per-
mits Branch (OSW), and Pro-
gram Implementation Branch
(OW)
Program Management and Sup-
port, Land Disposal Branch
(OSW), and Program Imple-
mentation Branch (OW)
Land Disposal Branch (OSW)
and Regions
Land Disposal Branch (OSW)
Assistance Branch, Land
Disposal Branch (OSW), and
Program Implementation Branch
(OW)
Program Management and Sup-
port, Land Disposal Branch
(OSW), and Program Imple-
mentation Branch (OW)
Program Management and Sup-
port, Land Disposal Branch,
Assistance Branch (OSW),
Program Implementation Branch
(CW), and Regions
_Target Date
Aug. 15, 1986
(Completed)
Sept. 22, 19S6
Sept.-3'O', 1986
Sept. 30, 1986
Sept. 30, 19S6
Sept. 30, 19
Oct. 28, 1985
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9484.00-3 -?"
EXHIBIT 1 (continued)
Subactivities
Notify applicants of pro-
cedural memorandum's con-
tents
Responsible Agency
Regions
Perform Completeness review Regions
of application, using
checklist
Request additional informa- Regions
tion from applications, if
necessary
Obtain contractor assistance Regions
Implement procedural
memorandum
Contact Regional Water per-
sonnel
Contact State Water per-
sonia^. in States Authorized
to !^feue NPDES Permits
Regions
Regions
Regional Water Personnel
Perform exemption reviews Regions
Track data
Regions
Develop and distribute fact Regions
sheets in response to public
response
Address general questions
from owner/operators or
general public
Address regional-specific
questions from applicants
•or general public
RCRA hotline
Regions
Target Date
Sept. 30, 19S5
Nov. 8, 1986
Dec. 8, 1986
Dec. 8, 1986
Ongoing through
Oct. 1,.-1987
Sept. 30, 1985 -
Nov. 8, 1987
Ongoing through
Nov. 8, 1987
Ongoing through
Nov. 8, 1987
Ongoing through
Nov. 8, 1987
Ongoing through
Nov. 8, 1987
Ongoing through
Nov. 8, 1987
Ongoing through
Nov. 8, 1987
Oncoing through
Nov. 8, 1987
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94^4. 0 0 -n
cxii.ini i_?.
SOIIfnm r fOR IMPt.fMI NTA1 ION ACTIViriFS
P.1 LTAt I o n
ivi ties^Subactivi ties Jill. ADO SEP OOT NOV DEC JAN 11.1? MAR APR MAY JlIN Jill. AtlG SEP 001 NOV
1. Procedural Momorandnm/Conrri i na t ion wild
the Regional Water Offices
Distribute guidance, cover
memorandum, and checklist x x
for wastewater exemption
nppIica t ions
Draft and distribute procedural x x
memorandum
Develop and distribute draft check-
lists for three exemption requests x x
Notify applicants of procedures x x
Implement procedural memorandum x x
Contact Regional Water personnel x x
Contact State Water personnel in
authorized States (done; by Regional
Water Personne I) x x
2. Resource Utilization
Estimate the number of applications x x
Develop draft memorandum discussing
teleconferencing/conference calls x x
•\
Distribute memorandum on calls x-x
Participate in teleconferencing/
conference calls x--x
Request contractor ass i stance x x
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uovvtM ruLii/r umto.'ivc
EXHIBIT 2 (Continued)
scnrmii.i: rcw iMPLrnrN'iATioN ACTIVITIES
1) 4 8 4•-. m - 8
Durat ion
i es
AtlG Si; I'
_L2»Z-
NOV DI:C; JAN FCIJ MAR APR MAY JUN JUL AUG SEP OCT NOV
3. Piih lie I nvo I vemcnt/Eduo.'i t ion
a. Regulated Community
Distribute guidance, cover memorandum,
and wastewater exemption checklist to
applicants and Ruijions x --- x
Develop and distribute draft check list
for remaining three exemption requests x ----------- x
b. Genera I Pub I ic
Develop and distribute fact sheets
if necessary in response to
' put) I i c requests x ----------------------------------------------------------------------------------- x
Address questions from applicants
or general publ in x ----------------------------------------------------------------------------------- x
'( . Data Management Support Needs
Track data x ---------------------------------------------------------------------------------- x
5. System for Processing exemption
App I ica t ions
Completeness review of application,
using checklist x ------------------------ x
••
Request additional informaion from
applicants, if necessary x ---------------- x ^
1
Perform exempt ion reviews x ------------------------------------------------------------------ : ---------------- x
3
o
n
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(• ,'•
I IMPLEMENTATION STRATEGY
This strategy presents EPA's plan for processing surface
impoundment retrofitting exemptions. The specifics of the statute
are discussed in Appendix A. In general, HSWA requires
owners/operators seeking an exemption to apply for one by November
8, 1986; the Agency must determine whether to grant the exemption
within one year of receipt of the application, no later than
November 8, 1987. The Regions will assume the lead in reviewing
applications, and Headquarters will establish review and document
distribution procedures.
The strategy is divided into five activities. For each
activity, the strategy describes the rationale used in choosing
specific actions; the responsibilities of personnel at EPA
Headquarters, EPA Regional Offices, and the States; and the time
periods in which these actions must be accomplished in order to
meet statutory deadlines. The discussion of each activity is
supplemented by an exhibit that presents all actions and the
associated schedule.
1. Procedural Memorandum/Coordination with the Regional Water
Retrofitting exemption applications will be reviewed by
personnel in each of the ten Regions. To ensure consistency and
efficiency in the evaluation of applications, it is important that
review procedures are standardized among Regions.
A procedural memorandum developed by Headquarters will ensure
overall consistency and avoid the duplication of effort that would
occur if each Region had to establish its own procedures. It will
also help prevent discrepancies in the review process and thus
save resources. This memorandum will not duplicate the
documentation that will coordinate activities of the Office of
Water and Office of Solid Waste, although it will incorporate a
summary of the relationships between the offices that will be
implementing the strategy. It will discuss all actions that are
necessary to carry out this strategy for implementing the program
and will address specific requirements for permit applications.
The procedural memorandum will include checklists that describe
the key elements of a complete exemption application for each of
the four exemption requests. It could be developed relatively
quickly (three to four pages) and would serve as guidance to the
Regions in establishing priorities. If certain aspects of it are
deemed to be inappropriate or inefficient for particular Regions,
the Regions should advise Headquarters, as appropriate.
The Assistance Branch (CSV-/) will coordinate with the Land
Disposal Branch (OSW) and the Program Implementation Branch (OW)
to draft the procedural memorandum, which is different from the
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9484.00-3
memorandum discussed below. The Land Disposal Branch will develop
the checklists for all of the exemptions except the wastewater
treatment exemption, which has already been addressed by the
Office of Water and the Office of Solid Waste. The development of
the draft procedural memorandum will be completed by September 30,
1985 to allow time for peer review and distribution before the
expected influx of exemption requests on or before November 8,
19S6. The Regions will then be responsible for implementing the
procedures during the review process.
Of the four retrofitting exemptions, the wastewater treatment
exemption stipulated in Section 3005(j)(3) is expected to be the
most applicable and widely used. Applicability of this exemption
depends on several technical factors, so the RCRA permit writer
must rely on the expertise of Regional Water Programs personnel or
in the thirty-seven States (including the Virgin Islands) that
have received EPA authorization to administer NPDES permits, on
the expertise of State Water personnel.
The Program Implementation Branch (OW) and the Permits Branch
(OSW) issued a memorandum concerning the relationship between the
Regional RCRA and Regional Water Offices in reviewing exemption
applications on August 11, 1986. The memorandum includes a
checklist of information requirements for use by RCRA personnel in
conducting a preliminary completeness review of the exemption
requests. The RCRA permit writer will contact the Regional
RCRA/NPDES Coordinator (who has been designated as such by each
Region) when an application under the wastewater treatment
exemption is received, and will coordinate the review of such
exemption requests with the Regional Water Program personel as set
forth in the memorandum on inter-office coordination. If the
facility requesting an exemption is located in a State authorized
to administer the NFDES program, (a list of NPDES-appointed States
is found in Appendix C), the Regional Water personnel will make
arrangements with the State to collect information and make the
necessary determination. Coordination between the two Regional
program offices will be an ongoing process as the applications are
reviewed through November 8, 1987. Exhibit 3 lists the
subactivities and timelines associated with this activity.
2. Resource Utilization
The Regions believe they have the technical expertise
necessary to review exemption applications. Given the potentially
large number of exemption requests that a few Regions may receive,
however, it is unclear whether those Regions have sufficient
resources to review all applications by the statutory deadline.
Recently, the Land Disposal Branch (OSW) estimated that of
approximately 500 surface impoundments at 372 facilities (as of
March 6, 1986), there are between 239 and 348 units that, under
present Agency guidance, may be eligible to apply for the
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9 4- 8 4 . 0 0 -
EXHIBIT 3
PROCEDURAL MEMORANDUM/COORDINATION WITH REGIONAL WATER OFFICES
Subactiviti es
Distribute guidance, cover
memorandum, and checklist
for wastewater exemption
applications
Draft and distribute
Procedural Memorandum
Develop and distribute
draft checklist for
three exemption requests
as part of procedural
memorandum
Notify applicants of pro-
cedures
Responsible Agency
Target Date
Land Disposal Branch, Permits Aug. 15, 1986
Branch (OSW), and Program (Completed)
Implementation Branch (OW)
Assistance Branch, Land
Disposal Branch (OSW),
and Program Implementation
Branch (OW)
Land Disposal Branch (OSW)
Regions
Sept. 30, 1986
Sept. 30, 1986
Sept. 30, 1986-
Nov. 8, 1986
Implement procedures
Contact Regional Water
Personnel
Regions
regions
Sept. 30, 1986-
Nov. 8, 1987
Ongoing through
Nov. 8, 1987
Contact State Water per-
sonnel through Regional
Water personnel in States
authorized to issue NFDES
permits
Regions
Ongoing through
Nov. 8, 19S7
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_12_ 9484.00-3
wastewater exemption 1J . The subactivities associated with
resource utilization are described below. Exhibit 4 lists all
subactivities and the target dates necessary to maximize Agency
resources.
Estimate Number of Applications
The estimates given above are not disaggregated by Region or
State, and so are of limited use for planning resource
allocations. The Land Disposal Branch has initiated a survey to
determine how many applicants there may be and under which waiver
exemption they will fall. The Land Disposal Branch will solicit
information from the Regions, and owners and operators, the
Regions can use in-house data (e.g. determining how many
facilities have both NPDES and RCRA permits) to obtain these
numbers. Subsequent planning of Agency actions will depend on the
results of the survey. It therefore should be completed by
September 30, 1986.
Teleconferencing
The Office of Program Management and Support (OSW) in
coordination with the Land Disposal Branch (OSW) and the Program
Implementation Branch (OW) will send out a draft memorandum (by
September 30, I9S6) alerting the Regions to forthcoming
teleconferencing and conference - calls (to address questions
relating to the review procedures), which should take place as
appropriate by October 28. These teleconferences will be
discussed in the procedural memorandum (Activity 1).
Contractor Assisance
In order to process exemption applications expeditiously it is
imperative that the Regions have access to contractors if the need
arises. The use of contractors will be an ongoing process through
November 8, 1S87, and all requests for contractor assistance
should be made before October 1, 1987.
3. Public Involvement/Education
Activities associated with public involvement and education^
will be directed at one of two audiences: the regulated community
or the general public. Each is discussed in turn. Exhibit 5
summarizes the subactivities and timeliness for this activity.
1J Telephone Conversation, Paul Cassidy, Office of Solid Was'-s,
Land Disposal Branch, April 10, 1986.
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9484.00-3
Regulated Community
OSW has developed draft guidance documents on the minimum
technology standards and on the surface impoundment retrofitting
exemptions that are available to the regulated community along
with the checklist described in Activity 1. These documents
contain all the information required to complete an application
for exemption from the retrofitting requirements. However, if the
owner/operator has questions or problems, these are more likely to
be resolved by personal communication on an individual basis.
Regional hotlines would be too resource intensive to be
practical: personnel would have to be trained and available to
staff the hotline in each Region, even though the number of calls
may be limited. These personnel could be used more effectively to
process the exemption applications. The number of phone lines for
the existing Headquarters RCRA hotline have been increasing
steadily, the personnel who staff this hotline need to be aware of
the exemption application procedures. Therefore, the most
cost-effective way of providing individual assistance is to
include the number of the RCRA hotline in the procedural
memorandum. The procedural memorandum also will include a
discussion noting that only one request for additional information
will be sent to owners/operators if the applications are
incomplete. If the required information is not submitted within
30 days, the Agency will prepare a'tentative decision for public
notice based on the information provided by the applicant.
The Land Disposal Branch has developed a guidance document on
retrofitting exemptions that was distributed during July, 19S6.
Owners and operators of surface impoundments and Regional staff
have received copies of the guidance documents. The Program
Implementation Branch and Permits Branch have jointly developed a
memorandum, including a checklist of information requirements for
the wastewater treatment exemption, and a draft cover letter that
was distributed to the Regions on August 11, 1986. Any questions
that the owners/operators may have will then be addressed directly
by personnel working on the RCRA hotline.
General Public
According to the surface impoundment retrofitting guidance,
the public notice process for any of the four exemptions should
coincide with the public notice of the applicant's draft permit.
If the exemption request is being processed separately from the
Part B permit application, the full 40 CFR Part 124 Public
participation procedures (for notices and public hearings) are
required.
A fact sheet will be developed for the general public by the
Regions if they determine that the number of inquiries necessitate
this. These will be distributed as part of the public hearing
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EXHIBIT 4
RESOURCE UTILIZATION
Subactivities
Develop draft memorandum
discussing teleconferencing
and conference calls
Estimate the number oi
applications
Distribute memorandum
concerning calls
Participate in telecon-
ferencing and conference
rails
Responsible Agency
Program Management and Sup-
port, Land Disposal Branch
(OSW), and Program Imple-
mentation Branch (OW)
Land Disposal Branch (OSW)
and Regions
Program Management and Sup-
port, Land Disposal Branch
(OSW), and Program Imple-
mentation Branch (OW)
Program Management and Sup-
port, Land Disposal Branch,
Assistance Branch (OSW),
Program Implementation
Branch (OW), and Regions
Target Date
Sept. 22, 1985
Sept. 30, 1986
Sept. 30, 1986
Oct. 28, 1986
contractor assistance Regions
Ongoing through
Oct. 1, 1987
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-15-
process. The public will also be referred to the RCRA hotline and
Regional representatives if necessary.
4. Data Management Support Needs
To assist in policy analysis and review, there must be a
mechanism to track information related to applications for
retrofitting exemptions, and decisions regarding exemption
requests. Important information includes the date of the
exemption request, approval or denial of the request, the date the
review of the application was completed, and the reasons for
approval or denial.
The Regions are responsible for reviewing surface impoundment
exemption requests and will therefore have access to the most
up-to-date information. This program is relatively small and does
not necessitate setting up a separate data base at Headquarters,
although the information will be incorporated into KWDMS according
to the 1987 RCRA Implementation Plan. " As of December 1985, the
system had the capability of including exemption request
information, but the data may not be readily available for
specific requests. Headquarters will, however, have access to
exemption information to assist Regional and State offices in
planning and to provide information to Congress, if necessary.
EPA Headquarters will state in the procedural memorandum that
the Regions will be responsible for tracking data. The Regions
will be responsible for passing all information on to Headquarters
once a month. Data management will be an ongoing process.
Exhibit 6 summarizes this activity.
5. System for Processing Exemption Applications
On receipt of an exemption application, which must be
submitted by November 8, 1986, Regional RCRA personnel will
perform an initial screen of the data to determine completeness
and to set priorities based en the difficulty of review. The
checklists developed by the Office of Water and Office of Solid
Waste will be used in the completeness review of applications.
Such screening will be used primarily to identify particularly
technical exemption applications so that resources can be
allocated appropriately to allow for time limitations. At this
time, contractor assistance may be used to ease the burden of the
initial review process.
Regional personnel will make every attempt to perform a
completeness review within 30 days of receipt of the application
to "determine the adequacy of the submission. If an application
does not contain adequate • information to allow the Agency to
determine whether the facility meets the statutory requirements,
the Agency will issue the owner/operator a single request for
additional documentation. The request will describe the
information needed to comclete the aoolication and will allow the
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' 9484.00-3 - -
EXHIBIT 5
PUBLIC INVOLVEMENT/EDUCATION
Subactivities
)evelop cover memorandum
ind checklist
)istribute guidance, cover
lemorandum, and checklist
develop/distribute fact
sheets in response to
public requests
Address questions from
general public or applicants
Responsible Agency
Permits Branch (OSW), and
Program Implementation
Branch (OW)
Land Disposal Branch, Per-
mits Branch (OSW), and
Program Implementation
Branch (Ow')
Regions
RCRA hotline/Regions
Target Date
July 1, 1986 -
Aug. 1, 1986
(Completed)
Aug. 15, 1986
(Completed)
As need arises
through Nov. 8 ,
1987
Ongoing through
Nov. 8, 1987
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EXHIBIT 6
DATA MANAGEMENT SUPPORT NEEDS
Subactivity Responsible Agency Target Date
Track data Regions Ongoing through
Nov. 8, 1987
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«/ *z O
-18-
applicant 30 days to submit that information. Only one request
will be made for additional information. Because of the tight
statutory timeframe, if the application is still incomplete 30
days after the request for additional information, the Agency will
prepare a tentative decision for public notice based on the
information that has been provided by the applicant.
If the Agency denies an exemption request, the facility will
be required to retrofit by November 8, 1988 or cease accepting
hazardous waste. Because of the statutory deadlines and the
importance of the retrofitting program, the Agency will assign
high priority to the processing of these exemption requests.
Applicants are urged to submit their applications as early as
possible to ensure adequate time to retrofit in the event that
their exemption request is denied. EPA will process applications
on a first come, first served basis. Applicants will be notified
of this procedure in both the procedural memorandum and the
guidance document for retrofitting exemptions under the heading
"Determining the Completeness of the Application."
If possible, the processing of the exemption application will
be completed in conjuntion with the processing of the facility's
Part B application. However, if this procedure would cause the
review process to be delayed beyond the statutory deadline, the
review process must proceed separately. A final decision after
notice and opportunity for comment, must be made by November 8,
1987. Exhibit 7 includes the subactivities and timelines that are
necessary for this activity.
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9484.00-8
EXHIBIT 7
SYSTEM FOR PROCESSING EXEMPTION APPLICATIONS
Subactivities Responsible Agency Target Date
Completeness review of Regions Dec. 8, 1986
application, using checklist
Request additional infer- Regions Dec. 8, 1S86
nation from applicant, if
necessary
Perform exemption reviews Regions Ongoing througi
Nov. 8 ,--1987
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O /t i) /t
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APPENDIX A
SUMMARY OF STATUTE
Section 3005(j)(l) of RCRA, as amended by KSWA, requires
surface impoundments to meet the minimum technology standards
promulgated under RCRA Section 3005(o)(1)(A) by November 8, 1988.
The minimum technology standards require impoundments to be lined
with two or more liners, to have a leachate collection system
between the liners, and to have ground-water monitoring.
Impoundments in existence on November 8, 1984, and do not
presently meet these standards must, by November 8, 1988, elect
one of the following approaches:
(1) Retrofit to meet the minimum technology
standards;
(2) Qualify for one of the four exemptions
specified in Sections 3005(j)(2)
("non-leaking liner"), 3005(j)(3)
("wastewater treatment"), 3005(j)(4) ("no
migration waiver"), and 3005(j)(13)
("corrective action"); or
(3) Cease accepting hazardous wastes.
The Agency circulated a draft guidance document for comments on .
the retrofitting requirements and the four exemptions in January
1986, and distributed a final version of the guidance document to
the Regions, and owners and operators during July, 1986.
The Agency has decided that Regions will assume the lead in
reviewing applications for retrofitting exemptions. Each of these
exemptions is described in more detail below.
The Four Retrofitting Exemptions
Non-Leaking Liner - 3005(j)(2): To qualify for the
non-leaking liner exemption, an impoundment must: (1) have at
least one liner for which there is no evidence of leakage; (2) be
located more than one-quarter mile from an underground source of
drinking water; and (3) be in compliance with applicable
ground-water monitoring requirements. EPA estimates that fewer
than five percent of the nation's impoundments are located more
than one-quarter mile from an underground source of drinking
water, thereby limiting the number of applications for this
exemption.
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Wastevater Treatment - 3005(j)(3): The second exemption, the
wastewater treatment exemption, applies to surface impoundments
containing treated wastewaters that have been subjected to
secondary or subsequent phases of aggressive biological treatment
according to a NPDES permit issued under Section 402 of the Clean
Water Act (CWA). The facility also must be in compliance with
applicable ground-water monitoring requirements for RCRA
facilities and with applicable effluent limitations. An
"aggressive biological treatment facility" is defined as a system
of surface impoundments that utilizes intense mechanical aeration
to enhance biological activity; treatment must occur for specified
periods of time. E?A expects most applications for a retrofitting
waiver to be based on this exemption.
No Migration - 3005(j)(4): The no migration exemption
applies to impoundments "located, designed, and operated so that
there will be no migration of any hazardous constituent into
ground water or surface water at any future time". Applications
for this exemption must generally be supported by a variety-of- •
data, including risk-modeling, ground-water monitoring results,
and hydrogeologic studies. The stringency of the no migration
standard suggests that few impoundments will qualify for this
exemption.
Corrective Action - 3005(j)(13): Finally, the corrective
action exemption applies to the few impoundments for which a
corrective action agreement, order, or decree was signed prior to
October 1, 1984 providing for protection equivalent to the minimum
technology standards.
Deadlines for Submitting and Reviewing Retrofitting Exemptions
ESv/A imposes the following deadlines for retrofitting
exemption applications and determinations:
--. Owners/operators must apply for an exemption by
November 8, 1985.
A determination of whether the exemption is to be
granted must be made within one year of receipt
of an exemption application, and no later than
November 8, 1987.
The one-year time period will be started when
full information is received or on November 8,
1986, whichever is earlier.
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APPENDIX B
PROCESS SUMMARY
The Implementation Strategy was developed by a workgroup
consisting of staff from EPA Headquarters, EPA Regional Offices,
and State offices. The Draft Phase I report of April 2, 1986
identified and briefly analyzed the key issues that require
resolution for implementation of the Surface Impoundment
Retrofitting Exemption Strategy. The report was based on the
results of a workgroup meeting held during the HSWA Implementation
Strategies Workshop (March 3-4, 1986). The Final Phase II report
of May 8, 1985 analyzed the issues further and evaluated the pros
and cons of various options. These two reports were reviewed by
workgroup members and discussed during teleconferences before they
were finalized. The comments and suggestions provided by the
workgroup members were analyzed and incorporated into the
development of the Implementation Strategy. A final
teleconference was held to discuss the Draft Implementation
Strategy of May 15, 1986, which was distributed subsequently"to
Office of Solid Waste Division Directors for concurrence on June
26, 1986. The resulting comments were discussed in a workgroup
meeting on July 10 and have been incorporated into this document.
Exhibit 8 lists the members of the Surface Impoundment
Retrofitting Exemption workgroup.
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i± 5 ^
EXHIBIT 8
SURFACE IMPOUNDMENT RETROFITTING
EXEMPTION IMPLEMENTATION STRATEGY WORKGROUP
EPA Headquarters Participants
Alex Wolfe (Chair)
Paul Cassidy
Dave Eberly
George Faison
Joan Warren
Barbara Pace
Ned Pryor
EPA Regional Participants
Clifford Ng
Bob Stewart
State Participants
Jeff Korth
Other Participants
Barbara Simcoe
OSW/State Programs Branch
OSW/Land Disposal Branch
OSW/Permits Branch
OSW/Permits Branch
OPMS
OGC
OWPE
Region II
Region VII
Texas Water Commission
ASTSWMO
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-24-
APPENDIX C
STATES AUTHORIZED TO ISSUE NPDES PERMITS
Alabama Nebraska
California Nevada
Colorado New Jersey
Connecticut New York
Delaware North Carolina
Georgia North Dakota
Hawaii Ohio
Illinois Oregon
Indiana Pennsylvania
Iowa Rhode Island
Kansas South Carolina
Kentucky Tennessee
Maryland Vermont
Michigan Virgin Islands
Minnesota Virginia
Mississippi Washington
Missouri West Virginia
Montana Wisconsin
Wyoming
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