States
Environmental Protection
Agency
Off'ce of
Solid watte
Emergency
DIRECTIVE NUMBER: 9522.01(85)
TITLE: Signatories to Department of Defense Permit
Applications
APPROVAL DATE: i'25'85
EFFECTIVE DATE: i'25'85
ORIGINATING OFFICE: office of solid waste
O FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
[ ] A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- In development or circulating
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PART 270 SUBPART A — GENERAL INFORNATION DOG: 9522.01(85)
Key Words: Signatures, RCRA Permits, Federal Facilities
Regulations: 40 CFR 122.22(a)(1) and (3), 1 44 .32(a)(1) and (3), 233.6(a)(I)
arid (3), 270.11(a)(1) and (3)
Subject: Signatories to Department of Defense Permit Applications
Addressee: Regional Administrators, Regions I—X
Originator: Rebecca V. Hanmer, Director, Office of Water Enforcement and
Permits; Victor Kimm, Director, Office of Drinking Water; kllan
Hirsch, Director, Office of Federal Activities; and John H.
Skinner, Director, Office of Solid Waste
Source Doc: 9522.01(85)
Date: —25—85
Summary:
The acceptable signatory for DOD permit applications is the Installation
Commander of a rank of 06 or higher, provided the instaLlation employs more
than 250 persons and the Commander was assigned or delegated authority to sign
permit applications according to applicabLe DOD procedures. If an Installation
Commander does not meet these requirements, then a superior officer who meets
the requirements must sign the permit application.
tn addition, if a tenant is present on the instailation and has author it ’
or responsibility for any aspect of the regulated activity, the Tenant Commander
(rank of 06 or higher) must also sign the application. The Tenant Commander
must meet the same requirements as the Installation Commander. If s/he does
not meet the requirements, a superior officer meeting the recuirements must
sign the permit application.
The guidance does not preclude applicable delegated States from requiring
gnatures to DOD permit applications to conform to more stringent State
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t
UNITED STATtS ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, 0 C 20460
FEB
OF IC! O
SOLID WASTE AND EME GE .Cv ESPO’ SE
MEMORANDUM
SUBJECT: Assigrunent of a Memorandum to the Program
Implementation Guidance System
FROM: John Skinner, Director’
Office of Solid Waste (WH— 2)
TO: Program Implementation Gui nce System Addressees
On January 25, 1985, the Offices of Water Enforcement
and Permits, Drinking Water, Federal Activities, and Solid
Waste issued the attached memorandum to Regional Administrator s.
The memorandum identifies the appropriate signatories for
Department of Defense permit applications. I think that the
guidance contained in this memorandum is of such value as to
warrant wider distribution arid incorporation into our system of
Program Implementation Guidance. For future reference and ease
in filing, I have designated this memorandum as Program Implernen—
tationi Guidance number -
Attachment
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
_____ WASHINGTON, D.C. 20460
\ pØ
JAN 2 5 I9E
MEMORANDUM
SUBJECT: Signatories to Department fense Permit Applications
FROM:
Office of Drin g Water (WH-550)
OfficeofFe era1 iyj
? John H. Skinner, Director_ 7 % jg
TO: Regional Administrators
Regions I-X
Purpose
This memorandum identifies wtio must sign Department of Defense (DoD) permit
applications for four permit progran :
o National Pollutant Discharge Elimination System (NPDES), 40 CFR Part 122
o Underground Injection Conrol (UIC), 40 CFR Part 144
o State Dredge or Fill 114Q4U (404), 40 CFR Part 233
o Hazardous Waste Management (HWM), 40 CFR Part 270
Except ion
Government—Owned Contractor—Operated (GOCO) facil ties tna: reaulre per :s
unoer any of tne four permit programs liszeo above are not coverec since tney
present significantly different issues than were consi erec during tne ceve c en:
of this guidance.
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—2—
Devel opment
This document has been developed in conjunction with staff of DoD and the
four permit prograi involved. Attachment A contains the regulatory language
for corporate and Federal signatories to permit applications. Attachment B
contains a discussion of the criteria used to develop this guidance.
Back ground
In compliance with a settlement agreement arising from litigation of the
Consolidated Permit Regulations, EPA modified corporate signatory requirements
and established requirements for Federal agencies under the NPDES, UICI State
404, and HWM permit programs (48 FR 39611, September 1, 1983; § 122.22, 144.32,
233.6, 270.11). In the preamble to the September 1 rule, EPA gave two examples
of how the signatory regulations were to be applied to Federal agencies. In
essence, the proper signatory level for Federal permit applicants is that compar-
able to EPA’s Regional Administrator.
1owever, because DoD has no geographical division of responsibility that
parallels EPA’s Regional Administrators, the EPA Regional Offices are notclear
wtio they should accept as a proper DoD signatory. The confusion is compounded
because DoD lines of authority and responsibility for the management and budgeting
o environmental activities are complex and difficult to follow. This problem
first surfaced in regard to several permits in the HWM permit program, but applies
to the four permit programs.
Issue Resolution
The acceptable signatory for DoD permit applications is the Installat-cn
Commander of a rank of 06 or higher, if the installation employs more than 250
persons and authority to sign permit applications has been assigned or delegated
to the Installation Commander in accordance with applicable DoD procedures.
If an Installation Commander does not meet these requirements, the permit aopl
cation must be signed by a superior officer who meets the requirements.
In addition, w?,ere a tenant is present on the installation and has authority
or responsibility for any aspect of the regulated activity, the Tenant Commander
(rank of 06 or h gher) must also sign the application. The Tenant Commander
must also emoloy more than 250 persons and have been assigned or delegated authority
to sign permit applications in accordance with applicable DoD procedures. Aga’ ,
if the Tenant Commander does not meet these requirements, the permit aopl cator
must be signed by a superior officer meet ng the recu’rements.
Notning in this guidance orecludes aDolicable de 1 egated Statas ‘ror c-
iic signatories to DoD permit applications to con’orm to mcre stringent State
recui rements.
IriDlementati on
E°4 Pesoons bi 1 ities
EPA will inforr each of its Regonai Cf ces and appl c le delegate’ S: :es
o th s guidance.
Permit authorities will keep both the notification o’ changes in personnel
and the DoD directive disc ssed below in the appropriate permit file.
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-3-
DoD Responsibilities :
DoD will inform all Installation Commanders and Tenant Commanders conducting
regulated activities of their responsibilities under this guidance.
In some situations, DoD has allowed low level officials to sign the permit-
applications for existing permits. DoD will notify the permit authority of the
appropriate personnel, as identified in this guidance, to ensure that the proper
signatories are included in the existing permit file.
4
Since in the past, the authority and responsibility for all activities
required during the conduct of regulated DoD facilities (e.g., planning, manage-
rnent, budget, and compliance activities) has been unclear, DoD will develop the
appropriate delegation procedures to implement this guidance. This guidance
will clarify the responsible party or parties for conducting regulated activities.
DoD will furnish this delegation directive to the permit authority in order that
it may be appended to the permit file. DoD will delegate the authority and
responsibility to sign permit applications in accordance with DoD procedures
prior to future permit issuance.
In addition, for any replacement of personnel at the Installation Commander
or Tenant Commander level during the term of the permit, DoD will notify the
permit authority of the change and furnish the name of the new person(s) respon-
sible for the regulated activities.
Attachments
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ATTACHMENT A
Corporate Signatory Language
40 CFR §5122.22(a)(1), 144.32(a)(1), 233.6(a)(i), 270.11(a)(1) reads.
“ For a corporation : by a responsible corporate officer. For the urposes of
this section, a responsible corporate officer means: (i) A president, secretary,
treasurer, or vice—president of the corporation in charge of a principal business
function, or any other person io performs similar policy— or decision-making
functions for the corporation, or (ii) the manager of one or more rnanufacturinç,
production, or operating facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25 million (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.”
ederal S gnatory Language
40 CFR § 122.22(a)(3), 14 .32(a)(3), 233.6(a)(3), 270. . .(a ’3) reads
“ For a uniC p 1ity, State, Federal, or other public agency by ei he a pr nci:ai
execut ve off cer or ranking elected cff cial. or our:cses of sec :r, a
pr ncioal executive officer of a Federal agency ‘nc udes ‘ ) }‘e cr-e- ec .. ve
o ’icer of the agency, or ( ) a sen cr execut ve o f ce’ ai ng res ors :y
cr the overall operations of a princi a’ geogra hic urt of : e acercy ‘e.c.
Regional Adn’i strators of EPA).’
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ATTACHMENT B
SIGNATORIES TO DEPARTMENT OF DEFENSE PERMIT APPLICATIONS
Discussion
The Department of Defense (DoD) is headed by the Secretary of Defense, a
Cabinet level appointment. Reporting directly to the Secretary are the Secre r es
of the three Military Departments (Army, Navy and Air Force). The Military
Departments are organized into varying numbers of Major Commands that are function l
alignments rather than geographical divisions. Subordinate to the Major Commands
are the Installation Commanders; the numbers of installat’i ons in each Major
Command vary widely. In the DoD chain-of-command, the Installation Commander is
responsible to one Macor Command. Each Instaflation Commander is expected to
establish the necessary organizational structure to fulfill the Major Corr nand’s
function ‘I.e., training, air defense, etc.).
A’ 0 reporting directly to the Secretary of Defense are the Directors of
the 12 Defense Agencies. The Defense Agencies have varying management structures
—— some geographical and some functional . Defense Agencies do not have independent
installations, rather, Defense Agencies’ activities are tenants on installations
operated by the Military Departments.
Since the heads of the Military Departments, the Defense Agencies and the
Major Commands are centrally located within the Pentagon, they are not directly
responsible for the implementation of systems necessary to gather complete and
accurate permit application information. In addition, the Major Commands are
far removed from the oceration and management of day-to-day environmental ac:ivit es
on individual installations.
Generally, the Installation Commander holds a rank of 06, which is a Colonel
(Army and Air Force) or a Captain (Navy). Tne rnstallation Commanoer- iS respons’ble
for operating pollution control facilities on the insta 1 lation. He is also
responsible for planning and for anticipating the neec for new pollution abatement
projects. However, some installations have tenants that share resporsio’lity
for pollution control. One example is the Defense Log szics Agency (DLA that
shares responsibility for the handling and storage of DoD hazardous wastes with
the Installation Commander. The budgets for both the !nstallat on Commander and
Tenant Commander(s) are subject to approval from the’’- maor cornands, tne r
Military Departments and eventually the Congress.
DoD installations usually cover hundreds o’ acres anc orovi e conc etc
support for thousands o civilian and military personne’ and n’’’tary ‘ar- ’es
living on the installation. The Installation Commander oversees, controls an
manages comolete communities that cons st o such th’ncs as ho s’ng, stores, ;as
Stations, . til’ties, waste treatment fac li:ies, d nirç hal 1 s, ‘ re and :c’ ce
departments, warehouses, motor pools, runways and hospitals.
A review of the organization of DoD ‘nd’cates that the :nstai1atI Co ancc—
fulfills the l teral re u rement cf t e signatory recula:’on oromulga:ec or
Seotemoer :, 1083. Defense irsta 1 la: ons a ’ -e the princ pal geogra:hc urt :
DoD and the Installat on Commander h s res or.sibil’ty ‘or ts overall o;era:icr.
However, since DoD s not organized pr marily Into large geograoh’c unitS Sr”’ar
to EPA’s Regional Offices, it is imoortant to ensure that the overall intent o’
the signatory provision is applied.
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