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SEPA
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DIRECTIVE NUMBER: 9501.01(84)
TITLE: RCRA Reauthorization Statutory Interpretation #1:
Immediate Permit Requirements
APPROVAL DATE: n-9-84
EFFECTIVE DATE: n-9-84
ORIGINATING OFFICE: office of solid waste
3 FINAL
D DRAFT
STATUS:
[ 1
[ 1
REFERENCE (other documents):
A- Pending OMB approval
B- Pending AA-OSWER approval
[ ) C- For review &/or comment
[ ] D- In development or circulating
headquarters
frrs
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PERMITTING PRIORITIES DOC: 9501.01(34)
Key Words: HSWA
Regulations:
Subject: RCRA Reauthorization Statutory Interpretation 1/1: Immediate
Permit Requirements
Addressees: Regional Administrators, Regions 1—X
Regional Waste Management Division Directors, Regions L—X
Hazardous Waste Branch Chiefs, Regions I—K
Regional Counsels, Regions I—K
State Hazardous Waste Program Directors
Assistant Administrator for Enforcement and Compliance Monitoring
Associate General Counsel for Solid Waste and Emergency Response
OSWER Office Directors
Originator: Lee M. Thomas, Assistant Administrator
Source Doc: //9501.01(84)
Date: 11—9—84
Summary:
EPA is responsible for incorporating the new provisions of The Hazardous
and Solid Waste Amendments (HSWA) of 1984 into RCRA permits in authorized States.
Until States are authorized for the new provisions, a valid RCRA permit in
authorized States must be issued through joint permit processing with EPA.
Permits In process, including draft permits, must address the newly ffec—
tive requirements before Lssuance as RCRA permits. Because of the new provisions
of the Act, the following permit activities are expected:
1) A change in schedule for requesting land disposal permit applications.
Within one year of enactment, all existing land disposa facilities
must submit a Part B permit application, and certification of compLiance
with applicable ground—water monitoring and financial responsibility
renuirements to retain interim status. The one—year extension into
FY86 for requesting remaining land disposal permit applications under
the National Permits Strategy is eliminated. All land disposal Part Bs
should be called in within six months of enactment.
2) Maintenance of the existing schedule for requesting remaining
incinerator applications.
3) Processing interim status closures.
4) Continuation of joint inspection and permit writer visits within 90
days of the permit application request.
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Continued from Document 9501.01(84)
5) Con..tinuation of technical evaluations of parts of the permit applications
not affected by the RCRA amendments.
6) Preparation of public participation plans for environmentally significant
facilities whose permit applications are in process or will be requested
in FY85.*
*To be superseded by revisions to the National Permit Strategy and draft
RCRA Public Participation Guidance, Spring 1985.
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95O OL ( .
NOV — 9
Mr c)DA tiJM
SUT3J!CT RCPA ReauthOrizatiOn Statutory Interpretation $1:
Immediate Permit Requirements
t.ne M. Thomas
Assistant Administrator
TlDz Addressees
On 1ovembet 9, President Reaqan signed The iazardous and
Solid Waste A1 .fldr eflt3 of 1984. These amendments to the
Resource Con erV tiOfl and Recovery Act (RCRA) will have a
profound effect on almost every aspect of the management of
hazardous waste in this country. Provisions are effective
in both authorized and unauthorized States. EPA is responsible
for imolemontation until 3 State is authorized for the new
provisions.
This r’ e orandui’ alerts EPA Reg ons and States to thosa new
provisions of the ? ct immediately applicable to RCRA permits
.-‘- .. issued as of the date of enact iient (DOE), November 9, 1934.
Permits in process, including dra.ft per iits, must address the
nc w1y effective requirements before issuance. It is im ortant
—‘ to note that in authorized States, PA is responsible for
incorporatlnq the new provisions into t e pert it. Therefore,
Issuance of a valid RCRA permit in authorized States must be
c accc pliRhed through joint permit processing witfl E?A until
States are authorized for the new provisions.
To a ist in identifying the extent to which draft per it3
and permits under developnienr., as well as per it appU cat on5
., mu3t now be revised, the attached table briefly descr bes, by
facility type, the new requiremonts which are to be i e iately
- 4 reflected in final permit conditions. The att ch ent does not
include provisions that aftect the perrnit progr3. at later datcs,
nor does it cover early enact i ent provi3 Ions beyond permitting.
Subsequent mer orartda will describe the full rar e of pew RCRA
prov sions that af’ ect hazardous waste ri3ri.ge ent prcgr s at
the Feder3l and State levol, including joint per tt processing,
and •dill include a schedule of i lemeritation guidance.
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While new requirements or perrnit applications alr aciv
j m y delay the issuance of so e per,ies, other per. it
procesain; activities will not h Substantially affected.
Activities that should continue include:
r equestir land c isposa1 perrnit applications. c ever,
under the new le islaticn, within one year of enactnent
all existing interiai status land disposal facilities
must subrDit their Part 9 permit application, as well as a
certification of compliance with applicable ground—water
and financial responsibility requirements, in order •to
retain interim status. Decause ot the new statutory
retiu1rer ant, the ti nefra’ne provided In the National Perrnits
Strategy for requesting rei aining land disposal perr ie
applications, including the one year e. tension into FY l99 ,
is eliminated. Current schedules for calling in land
disposal facilities should be reevaluated and new schedules
should be developed which will conclude all Part B reque3ts
for existing interim Status land disposal facilities within
the first six months of enact r.ent;
• Requesting remaining incinerator applications, as
scheduled;
Processing Interi status closures. Uowe’,er, owner3
and operators of land disposal facilities that received
waste after July 26, 1982, and closed between that date
and January 26, l9 3, ahould be advised in writing that
the new CRA amenciu ents extend the Part 264 groun —wat r
ø onitoring and response requiro ents to them.
• Joint inspection and per-nit writer visits within ninety
days of the permit application request should continue.
These visits should he used to assist facilities in under—
standing new requirements, as well as to cf r ther
advica on application requirett ents that have not cnangad;
• Continuing tochnical evaluations of those parts o the
por it applications that are not aftected by the RC A
a:nend en ts;
• Preparing public particLp tion pl . ns or t . ’ .e envLr n entally
si nificant facilities whose per. it ap2lictlons are in
process or ill he r queseed in F’ l9 S.
For your irtfor ation, we are currently in the r id5t at a
process to identify and analyze the i sees that r author : tion
poses for near—terrn I le .entatjcn of the RCRA pro ;ra . Cur aL
is to prepare the policies and guidance that the Regions and.
States need on sp cjfic reauthorization issues according t their
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3iqnificance and iznmediacy. Additional RCRA Reauthorization
St itutory Interpretations ‘ i1l be issued periodically to alert
Regions, States and other affected or interested organizations
to the interpretations of various provisions such as those
described in the attachment, as well as to key changes in prograr
directions and policies .flecossit3ted by the latest RCRA arnendmey ts.
until guidance is provided on the new permit requirements
hi h1ighted in the attachraent, I encourage you to calL
Peter Guerrero, Chief, ParTnits Branch (rrS-382—4743) to discuss
their scope, policy interpretations and imple mentation procedures.
Attachment
Addr’ see
Regional Ad tinistratór 5, Regions I—X
Regional Jaste Management Division Directors, Regions I—X
aazardous t?aste Branch Chiefs, Regions I—X
Regional Counsels, Regions I—X
State Hazz rdous Waste Program Directors
Assistant Administrator for Enforce tent and Compliance MonitorLng
Associate General Counsel for Solid Waste a d Emergency Response
OSWER Office Directors
bcc: Jack McGraw
- Cora Beebe
Bob Jayland
Amy Schaffer
Mark Greenwood
1ancy Hutzel
Susan Schemedes
Barbara Page
Sam Uapolitano
Art Koines
Tony Montrone
Elaine Fitzback
Bob Linett
Virginia Steiner
Mike Cook
Arline Sheehan
Bruce Weddle
Jack Lehman
Eileen Claus en
Clem Rastatter
OScJ Branch Chiefs
OS J Permits Branch Sta.ff
OSW State Programs Branch Staff
Permit Section Chiefs, Regions t—X
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