vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9542.0K3L)
TITLE: Involvement.of States without Phase I! Interim Authorization in
RCRA Permitting (P1G-81-11)
APPROVAL DATE: 2-12'81
EFFECTIVE DATE: 2-U-81
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE Di
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PART 271 . SUBPART 3 - i:JTZRIM AUTHORIZATION
.-DOC: 9542.01(31)
,\e v wo cc s :
3-tace Auchori-acion, S.CRA Psraics . Auchonzsc Spaces
Regulations: 40 CFR 271.126
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Involvement.of States without Phase II Interim Authorization in
RCRA Permitting (P1G-81-11)
Program Implementation Guidance Addressees : .
Steffen W. Plehn, Deputy Assistant Administrator for Solid Waste
R. Sarah Compton, Deputy, Assistant Administrator for Water
Enforcement
#9542.01(81) ' .
'2-12-81 .- ' . ' ' . . .
The following are just some of the Federal-State working relationships -
which should be formalized in writing through Memoranda of Agreement, Cooperative
Arrangements, and grant work programs. State involvement in RCRA permitting
prior to Phase II interim authorization should take several forms:
!) States should assist Regional Offices in the development of permitting
priorities and in initial contacts with potential permittees.
2) States should review permit applications, share information from
their files, assist EPA in obtaining additional information (including
site visits) and help prepare technical analysis and support documents.
3) Stat.es should assist in developing permit conditions and should
comment on draft and final permits.
f
4) Where unauthorized States must issue permits under State law, they
should participate with EPA in joint permit issuance procedures (e.g.,
joint public notice, public hearings, response to comments)
During the period before a State receives Phase II interim authorization,
EPA Regional. Offices oust seek the active involvement of State programs in the
conduct of RCRA permitting.
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95^2.OL (81)
~ *
'JNI7ID r
':: A s:- * :
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* N O .V A3TS M AN AGCM SNT
PIG-81-li
MEMORANDUM
SUBJECT:
FROM:
TO:
Involvement of. States without Phase II
'' Interim Authorization in RCRA Permitting
c, - /' f
Staff en W. Plehn
Deputy Assistant Administrator
for Solid Waste (Wt--;po2)
R. Sarah Conrpton
Deputy Assistant onir.istatr
for Water Enf or center.- (EN-33S)
PIGs Addressees
ISSUE ' .
How should States without i--erin authorization for
'Phase. II be involved in RtntA 'per-itting?
DISCUSSION
Aa you know, the recent prc-ulgations of Phase. II.
facility standards* undar Part 264 and permitting requirements
under Part. 122 enable States to receive Phase .II interim
author iza-fciofe:, for issuing RCRA permits- to the following
categories .oij* facilities:
* use and management of containers ;
storage and treatment of hazardous wastes in tanks ,
surface impoundments, and waste piles; and
treatment of waste in incinerators.
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In add.it ion', Z~A has published interim final r ecuiaricr.s
(P-art 257) which, fcr a period of 13 months, will allow £?A
to issue permits to new land disposal, facilities 'pending
promulgation of the final land disposal regulations. States
nay not receive interim authorization for permitting land
disposal facilities at this time, since the Part 267 regulations
only provide* 'temporary' standards which will not. suffice' for
determinations .of substantial equivalence. ,
Although States may now apply for 'Phase II interim
authorization for permitting certain facilities, some
States may not choc-ae to. do -so. in 1931'.. Some States' may
postpone -their- Phase II application until the final Federal ' .
land disposal regulations are 'promulgated later this year or
in 1982. Also, State preparation of Phase IT applications
may take longer than Phase I applications, due to the complexity
of the technical facility standards ani- the financial iresponsi-
bility requirements. Some States may. need, to adopt or amend
legislation- and regulations to obtain substantially equivalent
authority in these -'areas and may need to add additional ' *
personnel to administer the permitting program.
Given this situation, the Federal permit process
must be implemented in a way which maximizes the use of State '
resources and technical capabilities and avoids inefficient
and. confusing duplication with State programs. Therefore,
EPA must work closely with State permitting programs, especially
those programs which appear to be, .moving in a timely manner
toward. Phase II interim authorization. .
DECISION , - ' ,
SPA Regional Offices must ae«k the active involvement
of State programs in the conduct of RCRA permitting during
the period before a State receives Phase II interim authori-
zation. . This policy- will provide for the most efficient use
of EPA" and State permitting resources and technical expertise,
reduce .confusion and paperwork burdens for the regulated
community and the public, and ease the transition toward
State administration of the RCRA permit program in lieu of
EPA. WhU;«* BPA re-tains authority and responsibility for
RC3A genattrting until a State receives Phase II .authorization,
SPA must cooperate with the States as closely as possible in
-intpleaqnta-tion of this responsibility.
State involvement prior to Phase II interim authorization
should take several forms: .
States should assist Regional Offices in the development
of permitting priorities and in initial contacts with potential
permittees, based on their own priorities and their knowledge of
local conditions .
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2,t35 should rsviaw rerrT.:: 2,cciic3.~i-r.s , shira
information from their files, -135is- I?A in obtaining
additional information .(inducing size visits) and help
prepare technical analyses and support documents.
States should assist in developing permit, conditions
and should comment: on draft and final permits..
Where unauthorized States mus-c issue permits under
State law, "they should participate with -EPA in .joint permit. .
.issuance procedures (e.g., joint public no:tica, public
hearings, response to comments). . :
. These" and other Federal-State working relationships should
be formalized in writing through an amendment to a Cooperative
Arrangement, a Phase- I Memorandum of Agreement, or a Subtitle C
grant work program. Through these, mechanisms,, the Stats can
agree to perform specified tasks, for which it has legal authority
and can be' funded by EPA to' perform those tasks. -. '
EPA can also support State involvement in the permit
process through funding of State travel by the Pear Matching
program. State access to EPA contractors, and participation
of State personnel in RC7LA training. We encourage Regional
Offices to be aggressive in securing State involvement as we
move toward the issuance of the first RCRA permits.
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