'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         and when they are superseded (or supplemented) by subsequent guidance,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.

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           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.

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     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

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