vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.01(85)
TITLE: RCRA Perait Reauthorizatton Issues in Region III.
APPROVAL DATE: 3-6-85
EFFECTIVE DATE: 3-6-85
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE Di
-------
PART 271 SUBPART A - FINAL AUTHORIZATION
DOC: 9541.01(85)
Key Words: RCRA/CERCLA, Corrective Action, Continuing Releases, Joint
I Permitting, RCRA Permits, Authorized States
Regulations: 40 CFR 270.0(f)(l), RCRA §3008(h), 3004(u)
Subject: RCRA Permit Reauthprization Issues in Region III
Addressee:
Originator:
Source Doc:
Date:
Summary:
Steven R. Wassersug, Director, Hazardous Waste Management
Division, Region III
John H. Skinner, Director, Office of Solid Waste
#9541.01(85)
3-6-85
The following policy interpretations regarding issuance of RCRA permits in
authorized States in the light of the new reauthorization amendments were
provided-in this memo.
Joint Permitting
1. A permit issued after November 8, 1984, is not a fully effective RCRA
permit unless it addresses all applicable provisions of the reauthorization
amendments as well as regulations currently in place in the authorized
State.
2. A State may issue a "State" permit to a facility and continue to require
cleanup under a State compliance order. This, however, does not constitute
-------
Continued .from Document 9541.01(85)
3. EPA or an authorized State will make the determination of release using
information received from the owner/operator regarding the solid waste
management units at the facility and any available information' on releases
from those units (Reauthorization Statutory Interpretation #3, February 5,
1985).
4. According to §270.10(f)(!.),; the owner/operator cannot begin physical
construction of a facility until the facility has issued a "final effective
RCRA permit." This permit must address the new RCRA Section 3004(u)
requirements as well as current State regulations. Investigations of
releases from a solid waste disposal unit at a facility and development of
a program of corrective measures can take place under a compliance schedule
after a permit is issued.
RCRA/CERCLA Interface
1. Until the Agency issues guidance on its policy toward RCRA facilities
listed on the National Priority List (NPL), the Agency advises that,
if CERCLA remedial measures are already being conducted at a RCRA facility,
those activities should continue under. RCRA. If, however, the CERCLA
remedial process is not yet under way at a facility (i.e., an RI/FS has
not yet been done), it is appropriate to use the RCRA permit or a RCRA
§3008(h) order to provide for corrective measures.
-------
r - _ 4noC
MAR 6 < 1985.
WfM\ ^
=1^; 9541.01 (85)
o n o
o o o
n 3 n
1 rr <1
« l-t »
* . .
O Z O
3 O 3
J?* <"•: - * • • r-'- . i ~-r. } r- '. *~ .'. ~: • -. • - • .- -- - T : r"v -.•;-». ** O W
^ ........... . . . ....... 2 "
MEMORANDOH .^^.M ^£ :_ ... L. . ....... ___v.-:t.' . ; . *J-.4 \o*
-------
-2-
:ate" permit to the facility, without the new require-
ment* of the amendment* having been addressed by EPA.
Until the State receive* authorisation for the new -
amendments, its permits are State permits, and not RCRA
permits. Region III should issue the Federal portion
of the permit addressing the provisions of the new
amendments as soon as practicable, consistent with the
overall program priorities in the Region. • -When this -
Federal portion of the permit is issued, it will combine
with the State permit to become the RCRA permit. In
this situation, provisions of-the State*permit would be
reopened only if provisions of the State permit are
affected by the Federal portion of the permit.
B. - Spectron. Until the State is authorized for the
continuing release provision, implementation of the
provision must be done by EPA. We would urge that,
if possible, a joint and simultaneous RCRA permit be
issued to this facility by EPA and the State. (see
the 1/30/85 draft corrective Action guidance)* • •-.••<•
~ " Tf the Federal portion of the permit cannot be :'.
prepared within the State's timetable for the permit,
the State may choose to issue the State permit to the *
facility without the Federal portion. Until the Federal
portion is issued, Region III has the option of using
an interim status corrective action order [5,3008(h)] to
require the owner/operator to begin any necessary remedial
Investigations at the facility.
D. Haval Shipyard.- The fact that the facility notified
under $103(c) of CERCLA does not affect EPA's ability
to issue a RCRA permit to the facility. Any releases
that may be at the facility can and should be addressed,
either through a RCRA permit, a RCRA interim status
corrective action order, or through State enforcement
action, as appropriate. • • •
S. Defense General Supply. As you may know, guidance is
currently being developed on the Agency's policy toward
RCRA facilities that are also listed on the National
Priority List (NPL), in light of the new RCRA corrective
action authorities. This policy guidance is expected to
be issued in the next few months. Until the guidance
is issued, we would tentatively advise that if CERCLA
remedial measures are already being conducted at a RCRA
facility, those activities should continue under CERCLA.
If, on the other hand, the CERCLA remedial process is
-------
-3-
not yet underway at the facility (i.e.* a RI/FS has not
y«t be*n done), it would be appropriate to uee the RCRA
permit or a RCRA $3008(h) order to-provide for corrective
measures. .:..•••,.;.•;. :":;.;...'.'..".
•. . f..-"..- v •• . -. • - -
B« Allied Bermuda-Hundred* The determination as to
whether or not a, release that poses a threat to human
health and the environment has occurred, or is likely
to have occurred, can only be made by EPA (or by the
State when it is authorised for the continuing release
requirements). This determination is based on infor-
mation submitted to EPA by the owner/operator regarding
the solid waste management units at the facility, and
any available information on releases frota those unit* «>
(see Reauthorisation Statutory Interpretation 13,
February 5, 1985).
F. Dupont Bdqemoor. Section 270.10(f)(l) requires
that physical construction of a facility cannot begin
until the facility has secured a 'finally effective
RCRA permit." Therefore, before construction of the .
hazardous waste storage tank can begin, a permit which
addresses both the applicable State requirements and
the new RCRA $3004(u) requirement must be Issued to the
facility. As explained in the January 30 guidance on
continuing releases, investigations of releases from
the solid waste disposal unit at the facility, and
development of a program of corrective measures, can
take place under a schedule of compliance after the
permit is issued. However, the owner/operator cannot
begin construction or operation until the Region issues
its portion of the permit.
G. In regard to the hypothetical situation posed on
page three of your memorandum, the State may issue the
State permit to the facility and continue to require
cleanup activities under a State compliance order.
This will, not of itself, however, constitute compliance
with the *S3004(u) requirements. Only EPA car. implement
this provision (until such time as the- State becomes
authorized for it). Wher. EPA issues ita portion of
the permit, any remaining remedial investigations and
corrective measures will be carried out under the
permit. If this scenario is followed, we would urge
that Region. Ill and the State coordinate to ensure
that the investigations and corrective measures imposed
under the State enforcement order would be consistent
with those which EPA would require under the permit
when it is issued.
-------
-4-
The ansvers to your general question on how EPA and « State
Interact during joint permitting procedures -are . addressed *_! IB ;-*•-«
part,-in the guidance »emoranda already Mentioned.* -Me also —?3 •
'discussed these issues in soae detail at the February 27-28
.Division Directors' meeting. We expect to be issuing additional"'
guidance on these various joint permitting issues within the -
next several weeks. Please let ae know if there are any further
questions or consents. \.
* ~ '
cc: B. Weddle
. T. DeGe are • _-...... -
P. Guerrero
M. Greenwood .
B. PitzbacK
Regional Hazardous .Waste Branch Chiefs, Kegions. I-X
------- |