3EPA
DIRECTIVE NUMBER: 9522.00-2
TITLE: RCRA Permit Requirements for State Superfund
Actions
APPROVAL DATE: November 16, 1987
EFFECTIVE DATE: November 16, 1987
ORIGINATING OFFICE: office of Solid waste
O FINAL
D DRAFT
STATUS:
REFERENCE (other documanu]:
4- Pending QMS approval
3- Pending AA-OSWER approval"
C- ~:~ review S/or connnenr
D- I- Development or circulating
headquarters
'E DIRECTIVE DIRECTIVE
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Name of Contact Person
Matt Hale
Mail Code
WH-563
Office
OSW
j Telephone Code p
i (202) 382-4740
Washington DC 20460
OSWER Directive Initiation Request
1 Directive Number
9522.00-2
RCRA Permit Requirements for State Superfund Actions
4 Summary of Directive (include bnef statement of purpose)
This directive states the conditions and authorities under which States can
waive RCRA permit requirements for State Superfund actions.
3 Keywords
Permit / Waiver / State Authorization
oa. uoes mis uirecuve supefseae previous uireciive\s)'
Does it Supplement Previous Oirectrve(s)''
XX No
„es What directive (numoer title)
XX
No
D
Yes What direc/ve (number title)
uran Levet
A - Signed by AA/OAA
D
8 - Signed by Office Director
D
C - For Review 4 Comment
0 - In Oev«ooms
a:.Document:to:beidistrtbuted to States by Headquarters?'
Yesi
n
This- Request Meets OSWER Directives System format SUndaraa.
9 Signature ol Uead Office Directives Coordinator
vUuu'fW' A 'fetuiM., OSuJ
10. Name and Title o< Approving Oftioal
J. Winston Porter, Assistant Administrator, OSWER
"" «|ia/&T-
Date
11/16/87
EPA Fern 131S-17 (Rev. $-«7) Previous editions are obsolete.
OSWER OSWER OSWER 0
VE DIRECTIVE DIRECTIVE DIRECTIVE
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OSWER POLICY DIRECTIVE #9522.00-2
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
MOV | 6 "^
MEMORANDUM souo WASTE *£'.£"O'.NCY *M»O»
SUBJECT: RCRA Permit Requirements for State Superfund
Actioi
\ /,
FROM: xT. Winsfbn Ebrter
(Assistant Administrator
TO: Regional Administrators
Regions I - X
On a number of occasions, the question has been raised as
to whether RCRA permits are required for cleanup actions taken
by States under State Superfund or other authorities. The
answer to this question will depend on whether the State is
authorized for the RCRA program and on the details of the
State's own statutory and regulatory authority. In general,
however, a State authorized to conduct the RCRA base permit
program, will have the authority to waive RCRA permit require-
ments for state Superfund actions as long as: (1) the Stare has
the- authority under its own statutes or /egulations to grant
permit waivers, and (2) the State waiver authority is used in no
less stringent a manner than allowed under Federal permit waiver
authority, for example, S7003 of RCRA or §l2l(e) of CERCLA.
Some States now authorized to conduct the RCRA program
currently have permit waiver authority within their statutes or
regulations. For example, some States may have authority
comparable to RCRA §7003, which allows EPA to order response
action in the case of imminent and substantial endangerment to
health or the environment "notwithstanding any other provision
of this Act." Assuming the "imminent and substantial" test were
met, EPA therefore may require persons contributing to the
endangerment to treat, store, or dispose cf the hazardous waste
without securing a permit. An authorized state that has a
§7003-type authority may in the same way use its own authority
to compel remedial action at a State Superfund site and may
waive RCRA permitting requirements for that action.
Similarly, CERCLA §121(e) grants a RCRA permit waiver for
Federal response actions taken under CERCLA §104 (where imminent
and substantial endangerment is not always required). A State
with its own permit waiver authority, therefore, may waive RCRA
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OSWER POLICY DIRECTIVE #9522.00-2
2
permit requirements for a State Superfund action under similar
circumstances. However, the State' may exercise this permit
waiver only if it does so in a manner no Less stringent than
allowed under the Federal waiver authority, that is, in a manner
consistent with the CERCLA §104 program.
EPA has reviewed and in some cases restricted State permit
waiver authority during the RCRA authorization process and, as
part of the Memorandum of Agreement with the State, prohibited
the State from exercising its waiver authority in a way that
would maXe its program less stringent than the Federal program.
This restriction would not prohibit a State from waiving RCRA
permit requirements at a Superfund site. As long as the State
restricts permit waivers to Superfund site actions and other
situations where a comparable Federal waiver exists, the State
would be acting within its authorization and within the terms of
the Memorandum of Agreement
In general, we believe that States should be encouraged to
move ahead on cleanups under their own Superfund authorities,
and that it does not make sense to delay action until a RCRA
permit can be issued, as long as an appropriate waiver mechanism
applies and adequate measures, are- taken to protect human hea-lth
and the environment. In .these cases, we understand that States
may find it desirable to waive RCRA perrr..-s for State Superfund
site cleanups. When a RCRA authorized 5--ate chooses under, its
own authority to waive RCRA permits for State Superfund actions,
EPA Regional"Offices should recognize that, under the conditions
described above, the State would not be prohibited from doing
so, and that such waivers may promote more timely cleanup of
contaminated sites.
cc: Regional Counsels, Regions I-x
Waste Management Division Directors, Regions I-X
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