'MISCELLANEOUS . DOC: 9560.oi(85) Key Words: RSI, HSWA' Regulations: Subject: The Use and Nature of RSIs Addressee: N/A Originator: Bruce R. Weddle, Director, Permits and State Program Division Source Doc: #9560.01(85) Date: 1-8-85 Summary: RCRA Reauthorization Statutory Interpretations (RSIs) embody both a system and a type of communications tool. The RSI system consists of a series of policy memoranda that summarize the major policy decisions related to specific areas of reauthorization implementation. There are three purposes of the system: 1) To ensure that the same key people routinely receive reauthorization instructions; 2) To ensure that these policy instructions can be tracked so that, if and when they are superseded (or supplemented) by subsequent guidance, the recipient understands the linkage; and 3) To provide a mechanism for tracking the distribution of technical guidance as well as policy guidance so that, when subsequent guidance is published which overrides an earlier document, it can be noted. In addition to traditional policy guidance, RSIs will accompany technical guidance documents in order to explain the policy decisions that "implement the technical documents. ------- UNITED ST« JVIRONMENTAL PROTECTION AGENCY 9560.01 (85) . .5HINGTON, D.C. 20460 *-*to OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: RCRA Reautharization Statutory Interpretations FROM: Bruce R. Wdddle Director Permits and State Programs Division (WH-563) TO: • Addressees Several questions have been raised concerning implementation of Lee Thomas's December 5 memo on RCRA Reauthorization Statutory Interpretation's. The purpose of this memorandum is to clarify the use and'nature'of RSI's. The December 5 memorandum from Lee Thomas outlines both a system and a type of communications tool, designed to ensure that interpretations and guidance reach the right people v/itn needed information. The purpose of the system is threefold: 1. To ensure that the same key people routinely receive reauthorization instructions; 2. -To ensure that these policy instructions can be tracked so that if and when they are superceded (or supplemented) by subsequent guidance the recipient understands the the linkage. 3. To provide a mechanism for tracking the distribution of technical guidance as well as policy guidance, so that when subsequent guidance is published which overrides an earlier document it can be so noted. The system is similar in nature to that employed in distributing Program Implementation Guidance (PIG's), an! includes'numbering, dating, and distribution to a routine mailing list. Truett DeGeare is the contact within the Permits and State Program Division-for assigning a number for RSI's that are ready to be issued, and for obtaining a distribution list. ------- Ail policy statements .major and minor) signed by .the Assistant Administrator (or the Administrator) should be part of the RSI system. These statements //ill vary in length (frcrr, one page to twenty) and in scope (a single issue, or several issues under a single generic topic). They will have in common, however, that they implement an aspect of RCRA reauthorization. The new communications tool that we are creating with the RSI system is a series of policy memoranda that suc'cincrly summarize the major policy decisions related to specific areas of reauthorization implementation. When the policy memorandum is a free standing document (an independent guidance document, such as one on Joint Permitting), it is simply policy guidance in a memorandum format. It is no different than numerous policy memoranda the agency has traditionally mailed to Regions and States, except that it is called a Reauthorization Statutory Interpretation and is numbered and tracked as such. When the policy memoranda is associated with or accompanies a technical guidance a new kind of policy document is created. This document is designed to achieve two objectives: 0 To focus attention on the policy decisions that are implicit or explicit_ln technical guidance, as well as those other policy decisions that implement the technical guidance; and 0 To recognize that there are differing (if overlapping) audiences for technical and policy guidance and to ensure effective communication with those audiences most concerned with implementing policy. The .RSI does not simply "transmit" the technical document, but also .explains the policy decisions that implement the technical document. For example, the technical document on minimum technology requirements describes-how to construct a double 'liner (including the preferred composit liner, the required leachate collection recovery system, and a derailed quality assurance plan). The accompanying-RSI (not yet released in draft form) will address important policy decisions (applicability of provisions, implementa- tion of good faith installation of liners, variances, notification requirements,.etc.). In addition the RSI will summarize the policy decision inherent in the technical guidance (e.g. the performance standard that the technical guidance must meet, and the preference" for a composit liner as the means of meeting that standard). Addressees: OSW Senior Staff OSW/OWPE Branch Chiefs OSW/OWPE Program Managers ------- |