DIRECTIVE NUMBER:
9522.00-2
S.ace
APPROVAL DATE: ,ovember 16> 1987
EFFECTIVE DATE: Sovember 16. 1987
ORIGINATING OFFICE: OH*, of solid wasce
Q FINAL
D DRAFT
STATUS':
OMB approval
SWER approval
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C."
C maenc
' J J i - -eveiopment:. or circulating
REFERENCE (other document*):
DQI/I//T/?
DIRECTIVE DIRECTIVE
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Ungea States nv nm Pro tecv Ag n Directive u —
“ •r . OSWER Directive Initiation Regu 9522.OO2
2 Odeffi.tor lr formafl
Name of Contact Person Miii Cod . I Te e n g, Coj
Matt Rale -563 OSW (202) 382-
RCRA Permjt Require 5 for State Superfund Actions
This directive states the condjtjo 5 andauchorjtjes under which States can
waive RCRA permit requirem 5 for State Superfu actions.
5 eyworc s
Permit I Waiver / State Authorization
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DIRECTIVE
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OSW POLICY DIRECT j *9522.00-2
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON D.C. 20460
a”•L .QO ( 4 C.
NOV 6
MDrr%r OcF CE o
SOLIO WASTE ANO EMEPGE CY R spo
SUBJECT: CR.A Perm4 .t Requirem 5 for State Superfu
iCtiOp ,y f”,
FROM: ,4 . Wins 0 r ter
(Assistant A Inini.strator
TO: Regionaj Adflurljstrators
Regions i - X
On a nwnber Of occasions the questjo has been raised as
to whether RCRA permits are requir for cleanup actions taken
by States under State Superfund or Other authorities. The
answer to this questjo will depend on tdhether the State is
authorized for the RCRA progr and Ofl the details of the
State’s Own Statutory and regulatory authority In genera’
however- a State authorized to con C t the RCRA base permitS
Program will have the authority to waive RCRA permit re u1’re
ments for State SUperfund actions as lo c as: (j) the State has
the authority der its own statutes or : uIations 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 5 12 1(e) of CERCLA.
Some States now authorized to Conduct the RCRA program
currently have permit waiver authority Withjri their statutes or
regu].a j 0 5 For example, Some States may have authority
Compar je to RCRA S7003, which allows EPA to order response
action in the case of imminent and substantial endangerrn to
health or the envjro ent “flOtwithstanding any Other provision
of this Act.” Assuming the “imminent and Substantiaj’i test were
met, EPA therefore may require persons Contributing to the
endange to treat, store, or dispose Cf the hazardous waste
without securing a permit. An authorized State that has a
S 7 OO3—ty authority may in the same way use its own authority
to compe l, remedial action at a State Superfund Site and may
waive RCRA Permitting requjrem 5 for that action.
Similarjy CERCLA 5l 2 1(e) grants a RCRA permit waiver for
Federal response actions taken under CERCL 5104 (where imminent
arid substantial endanger is not always requjr ) A State
With its own permit waiver authority, therefore, may waive RCRA
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OSWE POLICY DIRECTIIIE *9522.OO.2
2
permit requjrem 5 for a State Superf d action under simiL
circumstances However, the State may exercise this permit
waiver Oflly 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 S104 program.
EPA has reviewed and in some cases restricted State permit
waiver authority during the RCRA authorization process and, as
part of the Memorand of Agreeme with the State, prohibited
the State from exercising its waiver authority in a way that
would make its program less stringent than the Federal program.
This restriction would not prohibit a State from waiving RCRA
permit requirem 5 at a Superfund Site. As long as the State
restricts permit waivers to Superfjmd site actions and other
situations where a comparable Federaj waiver exists, the State
would be acting within its authorization and within the terms of
the Memorand of Agreement
rn general, •d believe that States should be encouraged to
move ahead on cleanups under their own Superfund authorities,
and that it does flOt 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 health
and the envirori ent In these cases, ‘e understand that StatE
may find it desirable to waive RCRA perir s for State Superfu
Site cleanups. Then a RCRA authorized S:ate chooses w-lder its. -
own authority to aive RCRA permits for 5tate Superf Jnd actions,
EPA Regional Offices should recognjz that, under the COfld1tj s
described above, the State would not be prohibjted from doing
so, and that such waivers may promote more timely cleanup of
contaminated sites.
CC: Regiona’ Counsels, Regions i-x
Waste Management Division Directors, Regions i-x
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