oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9522.02(85)
TITLE: Steam Team RCRA Permit Issuance to Facilities in
Violation of Other" Federal Laws and Regulatory
Programs
APPROVAL DATE: *-9-85
EFFECTIVE DATE: 4-9-85
ORIGINATING OFFICE: e«i« of solid waste
a FINAL
D DRAFT
STATUS:
[ ]
[ ]
[ 1
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A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
In development or circulating
REFERENCE (other document*):
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 270 'SUBPART A - GENERAL INFORMATION
DOC: 9522.02(85)
Key Words: Other Federal Laws, RCRA Permits
Regulations: 40 CFR 270.3
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Steam Team RCRA Permit Issuance to Facilities in Violation
of Other Federal Laws and Regulaotry Programs
Jim Reidy, Permits Section Chief, Region II
Randy Chrismon, PAT Incinerator Coordinator
#9522.02(85)
4-9-85
The memo provides an interpretation of 40 CFR 270.3, which gives EPA the
authority to deny a RCRA permit to a facility that is not complying with other
federal laws even though the facility is in compliance with all applicable
provisions of RCRA.
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9522.02 (85)
APR 9 1985
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SOmJRCTi Steam Team Commsntsi Other Pederal Laws £
.. . . V.
PROMt Randy Chrlsmon . °
FAT Incinerator Coordiaator £
.TOi Jia Reidy . . *
Permits Section Chief, Region II £
«.---..< - - . • . £
I. Background . . ..., . H
^ ' CD
An incineration facility ha* conducted a trial burn pursuant . °
to 40 CPR 270.62. The results of the trial burn indicate that the-
facility meet* the performance standards of 40 CPR 264.343. The >
trial burn provided sufficient information to allow the permit H
writer to establish operating conditions in the permit. The
trial burn data, however, also showed that the facility violates
the Clean Air Act in that it emits unacceptable quantities
of 8Ox.
II. Issue
Can a facility, although in full compliance with RCRA, be
denied a RCRA permit because it violates other federal law* and
regulatory programs?
Ill* Discussion
It has been suggested that 40 CPR 270.3 gives the Agency the
authority to deny a RCRA permit to a facility that is not complying
with other federal laws even though that facility is in compliance
with all applicable provisions of RCRA. This, however, is an
overly broad Interpretation of Section 270.3. That provision (see
48 PR 39614, September 1, 1983) requires the Agency to comply with
other federal laws that_imDose_re_quirements_on_the_Agency_in_the
issuance of RCKA permit»« Inparticular. Section 270.3 requires
the Agency to comply with the several federal laws listed in that
section when processing a RCRA permit application. Section 270.3,
however, cannot be used as a vehicle to generally enforce all other
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federal licensing law* through RCRA. As the preamble indicatesr
the rule "does not alter EPA'a responsibilities under, other
Federal statutes.*
By the way of illustration, suppose that a RCRA application
for a new facility shows that the proposed location is near the
critical habitat of an endangered species. Section 270.3.requires
the Director to make a finding that the proposed facility will
not significantly affect that critical habitat before the Agency
can issue the permit, since this is the standard imposed on BPA
permit actions by the Endangered Species Act* referenced in
J270.3. If the Director cannot make the required finding, the
permit must be denied.
Where, as here, the applicant is in full compliance with RCRA
but there is information to show that the applicant is in Violation
of another federal statute (such as the Clean Air Act) which does
not require action on the part of EPA when issuing RCRA permits,
it is the responsibility of the permit writer to forward that
information to the appropriate enforcement agency* In the meantime,
however, the Director may approve and issue a final RCRA permit.
If you have any questions on this issue, please contact
Terry Groyan, PAT Program Manager, at FTS-382-2224.
ccs Peter Guerrero . .
Terry Grogan
Art Day
Susan Schmedes
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