of SEPA Protection R«»oont« 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 ------- 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. ------- 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. ------- 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. ------- —2— 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 ------- —3-- 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 ------- |