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.
------- |