vv EPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:
                              9522.00.-2a
               TITLE: ;RCRA Peraiit Requirements for State Superfund Actions



               APPROVAL DATE:; March?9^1988

               EFFECTIVE DATE:  ^Tch 9  1988^

               ORIGINATING OFFICE: : office of.solid waste

               0 FINAL

               D DRAFT
                 CTATI 1C-        '•'•' "n3 OMBi approval'^' •
                 ?> IA I U^.      j i j -VXB-1; Pending;; AA-OSWER approval
                           ,[.:•-]. >;,C-^ForVreview &/or
                            1 i
                REFERENCE (other documents):
                 OSWER Policy Directive /)9522.00-2
  OSWER      OSWER      OSWER
fE    DIRECTIVE   DIRECTIVE    Di

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                                          . UC 20*80
                  OSWER Directive initiation Request
                                    1 Directive Number
                                    9522.00-2a
                                   2. Originator Information
      Name of Contact Person
          Matt Hale
     Mail Code
      WH-563
Office
      OSW
       3. Title
Telephone Code
(202)  382-4740
          RCRA Permit Requirements for State Superfund Actions
      4. Summary of Directive (include brief statement of purpose)
          This memo clarifies the conditions under which authorized  States could waive
          the Resource Conservation & Recovery  Act (RCRA)  permits for state remedial
          actions.
      5. Keywords
          Permit Requirements / State Authorization / Waiver
                                         E3
       b. Does It Supplement Previous Oirective(s)?
             No
                                             No
      Yes   What directive (number, title)
                      Yes   What directive (number, title)
                                                        OSWER Policy Directive  #9522.0(
        Draft Level
           A - Signed by AA/OAA
8 - Signed by Office Director
       C - For Review & Comment
         D - In Develop*
8. Document to be distributed to States by Headquarters?
X

Ves
^•••K

No
      Thl» ftequeat Meets OSWEH Directive* System Format Standard*.
      9. Signature of Lead Office Directives Coordinat
                                   Date
                                                                   Date
                                 cy Directive Coordinator
                                                                              f
      EPA Form 131S-17 (Rev. 5-17) Previous editions\are obsolete.
  iVarei
   OSWER           OSWER               OSWER               C
VE     DIRECTIVE          DIRECTIVE        DIRECTIVE

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                                                      Jirective
                UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
      .                    WASHINGTON, D.C. 20460
     rT
                                                            OFFICE OF
                       . .-„   _                       SOLID WASTE AND EMERGENCY HESPONSi
                       MAR   9 1988
MEMORANDUM
SUBJECT:   RCRA Permit Requirements for State Superfund Actions
FROM:      Jeffery D.  Denit,  Actifng/gfijje.gtoj:,
           Office  of  Solid Waste

TO:        Jeff  Zelikson,  Director
           Toxics  and Waste Management Division

    This  is  in  response to your February 16,  1988, memorandum in
which you raised  questions about the scope of the Office of
Solid Waste  and Emergency Response Policy Directive #9522.00-2.
This Directive  clarified  the conditions under which authorized
States could waive the  Resource Conservation  and Recovery Act
(RCRA) permits  for state  remedial actions.

    As you noted,  the Directive solely addresses permit waivers
in authorized States.   An unauthorized State  does not have the
authority to waive Federal RCRA permitting requirements.
However,  as  the Office  of Solid Waste,(OSW)  staff have indicated
to you, the  Environmental Protection Agency (EPA) could waive
RCRA permitting requirements for a State cleanup if it did so
under Section 7003 authority.   This waiver authority is not
limited to sites  contained on the State Superfund list.  It
could also be used for  sites subject to State enforcement
actions if an EPA Section 7003 order is issued upon making a
finding of imminent  and substantial endangerment.

    If you or your staff  have further questions on this issue,
please call  Matt  Hale,  Permits Branch Chief,  OSW, (FTS)
382-4740.

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                                           OSWER Policy Directive //9522.00-2a
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                               REGION IX
                            215 Fremont Street
                          San Francisco, Ca. 94105
1 G PL;
Subject: RCRA  Permit  Requirements  for State
         Superfund  Actions

From:    Jeff  Zelikson,  Direct
         Toxics  and Waste
To:       J.  Winston  Porter/  Assistant Administrator
          Office  of  Solid Waste and Emergency Response


      In  a  recent OSWER Policy  Directive (#9522.00-2), you clarified
the  conditions by which RCRA permits are not required for cleanup
actions  taken by RCRA-authorized  states under state Superfund or
other authorities.   This was helpful, and I believe it encourages
states to  move ahead on cleanups  under their own Superfund
authorities  without  waiting  for a RCRA permit to be issued.

      Since the Policy Directive spoke only to RCRA-authorized
states,  it raises the follow-on question as to whether EPA may
waive  RCRA permits  for cleanup actions at state Superfund sites
in states  that do not have RCRA authorization.  A telephone
response by  OSW  to  this question  is affirmative, because of  the
federal  permit waiver authority in § 7003 of RCRA.   Accordingly,
we have  begun waiving RCRA permits at state Superfund sites  in
our  unauthorized states.

      I would appreciate clarification as to how broadly this
permit waiver authority could  apply in unauthorized states.   For
example, cleanup actions  at  sites that are under enforcement
order  (but not on the State  Superfund list) may be accelerated  if
a RCRA permit did not have to  be  issued.  We have not yet waived
permits  at such  sites, pending this clarification.

      If your staff would  like  to  discuss this further, they may
call  Jim Breitlow,  Permits Chief, at (FTS) 454-8391.

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