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 ------- 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. ------- 95^2.OL (81) ~ * 'JNI7ID r ':: A s:- * : or V * 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. ------- -2- 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 . ------- -3- 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. ------- |