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:- * :
                                                               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.

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                              -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 .

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                                -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.

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