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 ------- . 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 ------- 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. ------- 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. ------- |