&EPA
               United States
               Environmental Protection
               Agency
              Office of
              Solid Waste and
              Emergency Response
                                             r
DIRECTIVE NUMBER:   9610.5-1

TITLE:   TRANSITION TASKS LIST



APPROVAL DATE: January 30, 1989

EFFECTIVE DATE: January 30, 1989

ORIGINATING OFFICE:   OUST

SPINAL

D DRAFT

  STATUS:
                REFERENCE {other documents):  OSWER Directive
                   9610.5 - "FY 1989 - FY 1990 Transition Strategy for
                   the UST Program."
 OSWER        OSWER       OSWER
'E    DIRECTIVE    DIRECTIVE    Dl

-------
 fl ^QJL              United States Environmental Protection Agency

 ofcm   OSWER Directlvelnitiation Request
                 	   2. Originator Information
                                                                    1. Directive Number

                                                                      9610.5-1
Name of Contact Person
 Josh Baylson
                                     Mail Code
                                      OS-420
                                          Office
                                           OUST
             Telephone Code
             475-9725
          Transition Tasks List
        . Summary of Directive (include brief statement of purpose)                            ———————————
        The Transition Tasks^List supplements the Transition Strategy for the UST Program and
        xs a guide for negotiating agreements with the States to implement the final UST
        regulations during the transition period.
        UST regulations, transition period, implementing agency
       b. Does It Supplement Previous Directive(s)?
                                             No
                                             No
                                            X
                                                      Yes
                                                      Yes
     What directive (number, title) Draffc

     DRAFT Transition Tasks List

     What directive (number, tftle) 9610.5
     PY1989 - FT1990 Transition
             for- tho
           I Level
           A-SignedbyAA/DAA
                         B - Signed by Office Director
C - For Review & Comment
                                                                             D-In Development
8. Document to be distributed to States by Headquarters?


Yes
-X.
No
       Thla Request Meets OSWER Directives System Format Standards.
       Beverly
             :e Directives Coordinator

            asiDirlctives Coordinator, OUST
                                                                   Date
Ron Brand, Director, Office of Underground Storage Tanks
                                                                        ;    /
                                                                        /3V?-?
      EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
   OSWER          OSWER               OSWER               O
VE     DIRECTIVE          DIRECTIVE        DIRECTIVE

-------
     &EPA
               United States
               Environmental Protection
               Agency
             Office of
             Solid Waste and
             Emergency Response
                                           r
DIRECTIVE NUMBER:   9610.5-1

TITLE:   TRANSITION TASKS LIST



APPROVAL DATE: January 30, 1989

EFFECTIVE DATE: January 30, 1989

ORIGINATING OFFICE:   OUST

m FINAL

D DRAFT

  STATUS:
                REFERENCE (other documents):   OSWER Directive
                  9610.5 - "FY 1989 - IY 1990 Transition Strategy for
                  the UST Program.*'
 OSWER      OSWER       OSWER
TE    DIRECTIVE    DIRECTIVE   Dl

-------
 &EPA
                                    Washington, DC 20460
                   OSWER Directive Initiation Request
                    1. Directive Number

                      9610.5-1
                                    2. Originator Information
       Name of Contact Pereon
       Josh Baylson
       OHie
                               MaH Code
                                OS-420
Office
 OUST
             Telephone Code
             475-9725
          Transition Tasks List
       4. Summary of Directive (include brief statement of purpose)                     •               ^—————_
        The Transition Tasks List supplements the Transition Strategy for the UST Program and
        is a guide for negotiating agreements with the States to inplement the final UST
        regulations during the transition period.
       5. Keywords
        UST regulations, transition period, implementing agency
       6a. Does This Directive Supersede Previous Directive(s)?
       b. Does R Supplement Previous Directive(s)?
                                              No
                                              No
                                                Yes    What directive (number, title) jvaf*.

                                                      DRAFT Transition Tasks List

                                                Yes    What directive (number,title) 9610.5
                                                      PY1989 - FY1990 Transition
                                                              frvr t"hp IT^T Pr-no-rai
       7. Draft Level
           A-SignedbyAA/DAA
                          B - Signed by Office Director
C—For Review & Comment
                             D - In Development
8. Document to be distributed to States by Headquarters?


Y«s
_X
No
       This Request Meets OSWER Directives System Format Standards.
      9. Signature of Lead Office Directives Coordinator
       Beverly Thomas, Directives Coordinator, OUST
10. Name and Title of Approving Official

            //^ tS'****
Ron Brand,  Director, Office of Underground Storage Tanks
                                                              Date
                                                                    DM.
      EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
   OSWER           OSWER               OSWER                O
VE     DIRECTIVE         DIRECTIVE         DIRECTIVE

-------
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     WASHINGTON, D.C. 20460
                       JAN 30 689
MEMORANDUM
        OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE

OSWER DIRECTIVE 3610.5-1
SUBJECT:  Final Transition Tasks list
FROM:     Ron Brand,  Director
          Office of Underground Storage Tanks

TO:       Waste Management Division Directors,
                Regions I-III, V-IX
          Water Management Division Directors,
                Regions IV and X

          The enclosed Transition Tasks List identifies the
universe of tasks specified in the final underground storage tank
regulations  (40 CFR Part 280) that are a responsibility of the
implementing  agency.   This list is designed to aid the Regions in
negotiating agreements with the states to conduct these tasks.
EPA's goal is to have the States conduct most of these tasks
during the transition period before State program approval.   All
tasks that States agree to conduct as  the implementing agency or
on behalf of  EPA must be included in formal transition
agreements.   This includes both tasks  identified in the following
pages as specified and optional.

     This document is an updated and final version of the
September 29,  1988, Draft Transition Tasks List (Draft OSWER
Directive 9610.5-1).   Minor changes were made to Part 1 of the
document (technical standards and corrective action
requirements).   Peirt  2 was" substantially revised and reordered to
reflect the provisions of the final financial responsibility rule
(dated October 26, 1988).

     We hope  this list facilitates the development of transition
agreements with the States.   These agreements will play a seminal
role in implementation of the UST regulations during the
transition period.  For additional information or clarification,
please contact Josh Baylson (FTS  475-9725),  of my staff.

Attachment

cc:  UST Regional Program Managers
     UST Program Regional  Attorneys
     Kirsten Engel, OGC

-------
                                          OSWER DIRECTIVE 9610.5-1
                      TRANSITION TASKS LIST
     The Transition Tasks List supplements the "FY 1989 - FY 1990
Transition Strategy for the UST Program" 
-------
                                        OSWER DIRECTIVE 9610.5-1
                  Transition Tasks List - Part 1

      •Technical Standards and Corrective Action Requirements

                     CFR Part 280:  Subparts A - G
      The definition of implementing agency in the UST technical
 standards and corrective action requirements has been written to
 allow the State to be the implementing agency during the
 transition period for those tasks that they agree to perform.
 Thus, the concept of implementing agency is divisible, with the
 State considered the implementing agency for those tasks they
 agree to conduct, and EPA remaining the implementing agency for
 the balance of specified tasks.

      Subparts A through G of the UST technical standards and
 corrective action requirements  specify only 9 tasks as
 responsibilities of the implementing agency.   EPA's goal is to
 have States assume and conduct  all 9 of these tasks during the
 transition period.  States with UST program grants and LUST Trust
 Fund cooperative agreements already are performing many of these
 tasks .


 UST OF  SPECIFIED TASKS (Subparts A -  Gl


 *•    Receive notifications 16280.221 and certifications of
      installation r«a280.20(e)1 of new  UST systems.

          All 'States will  continue to  receive  notifications as
      required in the final regulations  [6280. 22(a) ] .  This is a
      regulatory requirement and need not be  included  in
      transition agreements.

 2-    Answer  calls reporting releases,  including suspected
      releases  reZSO.SOI. spills and  overfills  ffl280.S31 . anri
      confirmed  releases  re280.52  & 3280.611.

 3-    Receive  reports of corrective actions taken or planned.
      including  initial abatement measures fe280.62fbn.

4«   Receive  initial site  character! gat ion reports  re280.€31.

5-   Peceive free product removal reports and determine the
     practicable  extent for free product removal f 6280.6*1.

6-   Under certain conditions . request and receive reports pf
      investigations  of the magnitude and extent of soil anfl
     ground-water  contamination re28Q.65V.

-------
                                           OSWER DIRECTIVE 9610.5-1
7.   Receive, review, and evaluate required and voluntarily

     of  implementing the plans f@280.66l.  For each corrective
     action plan requiredf provide notice to the public of the
     release and the corrective action plan fe280.67l.  Oversee
     implementation of corrective action plans.

          Tasks 2-7 refer to the corrective action requirements.
     and will occur only after a release is suspected or
     confirmed.  Many states are currently conducting these, or
     similar, activities as part of their LUST Trust Fund
     cooperative agreements.  States should be asked to continue
     to  conduct these activities related to releases of petroleum
     from UST systems as part of their Trust Fund cooperative
     agreement work plans.  In addition. States should be asked
     to  conduct tasks 2-7 related to releases of hazardous
     substances from UST systems as part of their program grant
     work plans.


8.   Receive notifications prior to permanent closure or change-
     in-service r@280.7l1.

9.   Receive records of excavation zone assessments at closure if
     the records cannot be kept at the site or an alternate site
     for 3 years r@280.741.


          States now are receiving new tank notifications (Task
     1)  and likely will want to receive notices of intent to
     close or change-in-service (Task 8).  Task 9 will occur only
     if  the records cannot be kept at the site or an alternate
     site.  States should be asked to perform tasks 8 and 9 as
     part of their program grant work plans.


     In  addition, both states and Regions will need to be
prepared to respond to Freedom of Information Act (FOIA) requests
and to follow regulatory requirements for public participation in
the program.
     In summary, most of the 9 tasks are based on receiving
reports or notices:  tasks 1 and 8 are related to management of
States' notification data, an activity most States currently are
conducting; tasks 2 through 7 relate to the corrective action
regulations and will occur only when an owner or operator reports
a suspected or confirmed release; and task 9 will occur only in a
limited number of cases.

-------
                                           OSWER DIRECTIVE 9610.5-1
          1; LIST OF SPECIFIED MOD OPTIONAL TASKS fSDBPARTS A - (?)


      The following is a more complete listing of tasks for the
 implementing agency.  The tasks are identified as either:


 S  = SPECIFIEP:  explicitly described in the UST regulations as a
      responsibility of the implementing agency or implied  to be a
      responsibility of the implementing agency based on a
      requirement placed on owners and operators; or


 O  = OPTIONS; carried out at the discretion of the implementing
      agency.                                    .
                                    /

 The specified tasks are a repetition of the previous list.
 Guidance for  implementation of the specified tasks is indicated
 below each task  as options for State or Regional implementation
 during the transition period.   The tasks  identified as optional
 indicate program areas for the Regions to work with States  to
 enhance capability.
         SUBPART A  - PROGRAM SCOPE AND INTERIM PRQHIBTTJQN

O    Pursue violations of the Interim Prohibition  for deferred
     UST systems [(§280.11].


         SUBPART B - UST SYSTEMS! DESIGN. CONSTRUCTION,
                   INSTALLATION & NOTIFICATION


O    Determine if proposed  alternatives for tank design,
     construction, and corrosion protection are no less
     protective [6280.20(a)(5)].

O    Determine if proposed  alternatives for piping design,
     construction, and corrosion protection are no less
     protective [6280.20(b)(4)].

O    Determine if proposed  alternatives for spill and overfill
     prevention equipment are no less protective [6280.20
     Certify or license installers [@280.20(e)(2)].

-------
                                          OSWER DIRECTIVE 9610.5-1
   .                              6

O    Inspect and approve  installations  [€280.20(e)(4)].

O    Determine if proposed  alternative  installation methods are
     no  less protective [6280.20(e)(6)].

O    Determine if proposed  alternative  methods for assessing
     tanks for corrosion  holes are no less protective
     [e280.21(b)(2)(v)].

S    Receive notifications  [@280.22] and certifications of
     installation [€280.20(e)] of new UST systems.

     [All States will continue to receive notifications as
     required in the final  regulations  [@230.22(a)].  This is a
     regulatory requirement and  need not be included in formal
     transition agreements.]

O    Follow-up on notification forms to enhance compliance, e.g.,
     forms that are incomplete,  contain information indicative of
     a violation, or have not been submitted by the o/o
     [€280.22],

O    Update notification  data base.


            SUBPART C - GENERAL OPERATING REQUIREMENTS

O    Establish alternative  time  frame for testing of cathodic
     protection systems [@280.31(b)(1)].

O    Determine that alternative  post-repair test method is no
     less protective [@280.33(d)].


                  SUBPART D - RELEASE DETECTION

O    Approve use of proposed alternative release detection
     methods for hazardous  substance UST systems
     [e280.42(b)(5)(iii)3,

O    Approve use of proposed alternative release detection
     methods (petroleum tanks) and set  conditions for their use
     [€280.43(h)(ii)].



                        AND CONFIRMATION

     Some States currently  are operating clean-up programs that
include reporting requirements that differ from the federal
requirements.  It is not EPA's intent to place an unreasonable
burden on owners and operators in those States.  Therefore, if

-------
                                      OSWER DIRECTIVE 9610.5-1
                                 7

 State requirements are entirely auplicative of the federal
 requirements, the submission of a separate federal report is not
 necessary if the State has agreed to conduct the related task(s)
-as part of a transition agreement. --However, before State program
 approval, any federally required reports that are not duplicated
 by State reporting requirements must be submitted by owners and
 operators to the implementing agency.

      Regions should ask states to receive reports required under
 Subparts E and F for petroleum releases as part of their LUST
 Trust Fund cooperative agreement work plans and for hazardous
 substance releases as part of their program grant work plans.


 S    Answer calls reporting releases, including suspected
      releases [6280.50], spills and overfills [€280.53], and
      confirmed releases [6280.52 & €280.61].

      Option 1: State agrees to answer calls as part of Trust Fund
      cooperative agreement and/or program grant work plans.
      Region refers calls it receives to the State.

      Option 2: Region receives and maintains a log of calls.
      Region will continue to work with the State to conduct this
      task.          .                  •

 O    Require o/o to determine if the UST system is the source of
      off-site impacts  [€280.51].

 O    Establish alternative time frame for o/o to investigate and
      confirm suspected releases [€280.52],

 O    Establish alternative time frame for o/o to report suspected
      releases, spills  and overfills, and confirmed releases
      [€280.53(a)].

 O    Establish alternative amount for petroleum spills and
      overfills that o/o must contain and immediately clean up
      [€280.53(b)3.


        SUBPART F - RELEASE RESPONSE AMD CORRECTIVE ACTION


 O    Follow up on reports of confirmed releases, -e.g.,  site
      visits.

 O    Establish alternative period of time after  a release  is
      confirmed within  which o/o must perform initial  response
      actions [€280.61]

-------
                                  OSWER DIRECTIVE 9610.5-1
                           8

Receive reports of corrective actions taken or planned,
including initial abatement measures 16280.62(b)].

Option 1: State agrees to receive reports as part of Trust
Fund cooperative agreement and/or program grant work plans.

Option 2: Region receives reports and keeps them until the
State agrees to conduct this task.  Owners and operators may
proceed with corrective actions without a response from the
implementing agency.  RP-lead corrective actions occur with
limited direct supervision from the Region or the State.
Region will continue to work with the State to conduct this
task.

Follow up on reports of corrective actions taken or planned,
e.g., site visits.

Receive initial site characterization reports [€280.63].

Option 1: State agrees to receive reports as part of Trust
Fund cooperative agreement and/or program grant work plans.

Option 2: Region receives reports and keeps them until the
State agrees to conduct this task.  RP-lead corrective
actions occur with limited direct, supervision from the
Region or the State.  Region will continue to work with the -
State to conduct this task.

Follow up on initial site characterization reports.

Receive free product removal reports and determine the
practicable extent for free product removal [@280.64].

Option l: state agrees to receive reports as part of Trust
Fund cooperative agreement and/or program grant work plans.

Option 2: Region receives reports and keeps them until the
State agrees to conduct this task.  RP-lead corrective
actions occur with limited direct supervision from the
Region or the State.  Region will continue to work with the
State to conduct this task.

Follow up on free product removal reports.

Under certain conditions, request and receive reports of
investigations of the magnitude and extent of soil and
ground-water contamination [$280.65].

Option 1: State agrees to request and receive reports as
part of Trust Fund cooperative agreement and/or program
grant work plans.

-------
                                           OSWER DIRECTIVE 9610.5-1


      Option 2: Region requests 'and receives reports and keeps
      -them until the State agrees to conduct this task.  RP-iead
      corrective actions occur with limited direct supervision
      from the Region or the state.   Region will  continue  to work
      with-the State to conduct this task.

 O    Follow up on reports of investigation of soil and ground-
      water contamination.

 S  '  Receive, review, and evaluate required and  voluntarily
      submitted corrective action plans (CAPs) and reports of the
      results of implementing the plans [€280.66].   For each
      corrective action plan required,  provide notice to the
      public of the release and the corrective action plan
      [6280.67].   Oversee implementation of corrective action
      plans.

      Option 1: state agrees to receive, review,  evaluate, and
      provide notice of CAPs as part of Trust Fund cooperative
      agreement and/or program grant work plans.

      Option 2: Region receives,  reviews, evaluates,  and provides
      public notice of CAPs until the state agrees  to conduct this
      task.   RP-lead corrective actions occur with  limited direct
      supervision from the Region or the State.   Region will
      continue to work with the State to conduct  this task.


        SUBPART G - QUT-QF-SERVICE UST SYSTEMS AND CLOSURE

O     Grant  extensions of  the  12-month  temporary  closure period
      [@280.70(c)].

S     Receive notifications prior to permanent closure or change-
      in-service  [@280.71].

      Option l: state  agrees to receive reports as part of program
      grant  work  plan.

      Option 2: Region receives reports and keeps them until the
      State  agrees to  conduct this task.  Region will continue to
      work with the  state to conduct  this task.

O    Review excavation zone assessments.

O    Direct o/o  of UST systems closed before December 22,  1988,
     to assess the excavation zone and properly close the  UST
      system £€280.73].

S    Receive records of excavation zone assessments if the
      records cannot be kept at the site or an alternate site for
      3 years  [6280.74].

-------
                                        OSWER DIRECTIVE 9610.5-1
                                10


      Option 1:  State agrees to receive records as part of program
      grant work plan.

      Option 2:  Region  receives records and keeps them until the
      State agrees to conduct this  task.  Region will continue to
      work with  the State  to conduct  this task.


      Reports of releases  discovered  at closure trigger the tasks
associated with the corrective action  regulations (Subpart F).
           COMPLIANCE MONITORING AND ENFORCEMENT TASKS
O    Conduct outreach and compliance assistance activities to
     promote compliance.
 t
O    Conduct site inspections  (e.g., random, targeted, new tank
     installations, or closures).  Review o/o records, including
     records regarding repairs, corrosion protection, and release
     detection.

O    Conduct enforcement activities related to the LUST Trust
     Fund.

O    Use formal enforcement actions to pursue violations of
     Subparts A through H.

O    Pursue Interim Prohibition violations.
     In addition, both states and Regions will need to be
prepared to respond to Freedom of Information Act CFOIA) requests
and to follow regulatory requirements for public participation in
the program.

-------
                                           OSHER DIRECTIVE 9610.5-2
                                11


                  Transition Tasks List - Part 2

               Financial Responsibility Requirements

                    40 CFR Part 280: Subpart H

      The definition of implementing agency in the  financial
 responsibility 
-------
                                          OSWER DIRECTIVE 9610.5-1
                    "12


15.  Receive notifications of cancellation or non-renewal of
     coverage f(3280.105(b) 1.

16.  Receive copies of -the financial responsibility mechanism
     from owners and operators in the event, of a release
     1^280.1061 or in the event of failure to obtain alternate
     coverage within 30 days of notice of incapacity by provider
     of financial assurance f3280.106 & ^280.1101.

17.  Direct guarantorsr suretiesr and institutions (letters of
     credit) to deposit money into standby trust funds
     16280.108(a)1.

18.  Effect the drawdown of standby trust funds f6280.108(bll.

19.  Receive notices from owners or operators of the commencement
     of bankruptcy proceedings and copies of financial assurance
     instruments documenting current financial responsibility
     f@280.1101 ..


     Tasks 10, 14, 17, and 18 are necessary only for those owners
or operators who choose to use guarantees, surety bonds, or
letters of credit to meet all or part of their financial
responsibilities.  These instruments require the creation of a
standby trust fund.  Tasks 14, 17, and 18 will occur only after
the reporting of a confirmed release.

     States should be asked to conduct tasks 10. 11. 15. 16. and
19 as part of their program grant work plans.  Task 10 likely
will occur once per State.  Task 11 will occur only a very
limited number of times.  States that are receiving new tank
notifications and/or notifications of closures very likely will
want to conduct tasks 15, 16, and 19.

     Tasks 12. 13. 14P 17. and 18 must be performed by EPA
(Regional Administrator) during the transition period.  States,
however, are required by the final regulations to provide the
letter or certificate to owners/operators related to Task 12.

     This list does not include tasks associated with suspension
of enforcement of the financial responsibility requirements.  The
following appendix includes other tasks related to the financial
responsibility requirements in the final rule, including optional
tasks, and a discussion of suspension of enforcement.

-------
                                       OSWER DIRECTIVE 9610.5-1

                                13
ftPPEHPIK 2t LIST OF SPECIFIED AND OPTIOMM. TASKS ISOBPART H>

     The following is a more complete listing of tasks for the
implementing agency.  The tasks are identified as either:


S  • SPECIFIED: explicitly described in the UST regulations as a
     responsibility of the implementing agency or implied to be a
     responsibility of the implementing agency based on a
     requirement placed on owners and operators; or


O  = pPTTQWAL; carried out at the discretion of the implementing
     agency.


The specified tasks are a repetition of the previous list.
Guidance for implementation of the specified tasks is indicated
below each task as options for State or Regional implementation
during the transition period.  The tasks identified as optional
indicate program areas for the Regions to work with States  to
enhance capability.
              SUBPART H - FINANCIAL RESPONSIBILITY

     Receive State Attorney General's certification that
     guarantees  and/or surety bonds are legally valid and
     enforceable obligations in that State [@280.94(b)J.

     Option l: state agrees to request and receive certification
     as part of  program grant work plan.

     Option 2: Region will  continue to work with the State to
     conduct this task.

     Request and receive reports of financial condition at any
     time [§280.95(fJ]  (self insurance only).

     Receive notices that o/o no longer meets the financial test
     of self insurance t@280.95(g)].

     Option 1: state agrees  to receive notices as part of program
     grant work  plan.

     Option 2: Region receives notices and keeps them until the
     State agrees to assume  this task.  Region will  continue to
     work with the State to  conduct this task.

-------
                                       OSWER DIRECTIVE 9610.5-1
                    •;            14


O    Notify guarantor that he no  longer meets the requirements of
     the financial test of self insurance C@280.96(b)].

O    To promote compliance, follow-up on notices that o/o and
     guarantors no longer meet the requirements of the financial
     test of self insurance.

S    Receive description, evaluate, determine acceptability of
     use, and notify States of determination for State trust
     funds and other State (including State-required) assurance
     mechanisms [6280.100 & $280.101].  Within 60 days of EPA
     approval, provide to each o/o for which the State is
     assuming financial responsibility a letter or certificate to
     that effect [6280.101(d)].

     [This task must be performed by the EPA Regional
     Administrator.  It may not be delegated to or conducted by
     States during the transition period or after State program
     approval.  The final regulations require that States provide
     the letter or certificate to o/o.]

S    Instruct the trustees of trust funds to release excess funds
     to o/o [6280.102].  (This refers to an o/o's trust fund, not
     standby trust funds or State trust funds.)

     [This task must be performed by the EPA Regional
     Administrator prior to State program approval.]

S    Instruct trustees to refund balances of standby trust funds
     to providers (guarantors) after all costs and claims have
     been settled [@280.103(c)].

     [This task must be performed by the EPA Regional
     Administrator prior to State program approval.]

S    Receive notifications of cancellation or non^-renewal of
     coverage [6280.105(b)].

     Option 1: State agrees to receive notices as part of program
     grant work plan.

   •  Option 2: Region receives notices and keeps them until the
     state agrees to assume this task.  Region continues to work
     with the State to conduct this task.

O    To promote compliance, follow-up on notifications of
     cancellation or non-renewal of coverage.

S    Receive copies of the financial responsibility mechanism
     from owners and operators in the event of a release
     [€280.106] or in the event of failure to obtain alternate

-------
                                        OSWER DIRECTIVE 9610.5-1
           •-.•-.
'                                 15
 .          '
      coverage within 30 days of notice of incapacity by provider
      of financial assurance [£280.106 & 6280.110].

      Option l: State agrees to receive copies of the mechanisms
      as part of program grant work plan.

      Option 2: Hegion receives copies of the  mechanisms and keeps
      them until the State agrees to assume this task.  Region
      will continue to work with the State to  conduct this  task.

 O    Request and receive evidence of financial assurance or other
      information from o/o at .any time £€280.106(c)],

 S    Direct guarantors, sureties, and institutions  (letters of
      credit) to deposit money into standby trust funds
      [6280.108(a)].

      [This task must be performed by the  EPA  Regional
      Administrator prior to State program approval.]

 S    Effect the drawdown of standby trust funds [6280.108(b)].

      [This task must be performed by the  EPA  Regional
      Administrator prior to State program approval.]

 S    Receive notices from owners or operators of the  commencement
      of bankruptcy proceedings and copies of  financial  assurance
      instruments documenting current financial responsibility
      [6280.110].

      Option 1:  state agrees to receive bankruptcy notices as part
      of program grant work plan,   states  receiving notifications
      or closure notices likely will want  to receive notices of
      bankruptcy or incapacity.

      Option 2:  Region receives bankruptcy notices and keeps them
      until  the  Statte agrees to assume this task.  The Region will
      continue to work with the State to conduct  this task.


Suspension  of Enforcement

      The April  1987  proposed rule contained relatively detailed
procedures  for  suspension  of enforcement of the  financial
responsibility  requirements.  Based  on comments  and the
uncertainty over the number of  suspension applications likely to
be received, EPA has deferred promulgation of procedures for
suspension of enforcement.

     The final  regulations  phase in the financial responsibility
requirements over 21 months.  EPA recognizes that the
availability of financial assurance mechanisms (particularly

-------
                                      OSWER DIRECTIVE 9610.5-1
                                16

State funds) may change dramatically over time.  In the meantime,
some States may receive State program approval.  Thus, there is
significant uncertainty over whether, and to what extent,
suspension of enforcement will be necessary in the future.  As
the necessity is demonstrated, JEPA will adopt procedures for
suspension of enforcement.  Until such time, however, EPA does
not intend to exercise its discretionary suspension authority.
Therefore, tasks associated with suspension of enforcement of the
financial responsibility requirements have not been included in
this document.   *    .

-------