S(«f«*
Protection
&EPA
DIRECTIVE NUMBER: $540.00 - 7
TITLE: Compliance Schedules for State
Program
APPROVAL DATE: JAN I 5 1987
EFFECTIVE DATE:
ORIGINATING OFFICE: °?w >
O FINAL
D DRAFT
STATUS:
REFERENCE (other documents)
N/A
DIRECTIVE DIRECTIVE I
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OSWER Directive Number: 9540.00-7
JVt 15 1987 OFF.CEOF
^^ ^^ SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Compliance Schedules for State Program Revisions
FROM: Marcia E. Williams, Director l\i\fju- \J^^^ •""
Office of Solid Waste (WH-562) \
TO: Robert L. Allen, Chief
Waste Management Branch (3HW30)
Thank you for your memo of December 17, 1986, requesting
guidance on compliance schedules for State program revisions.
Since this guidance may be of use to other Regions, I have listed
your questions and our responses below.
Question 1. One of the requirements under §271.21(g)(1) is to
have a State submit a proposed modification timetable to EPA.
FY 1987 grant work plans have been negotiated to contain the
most reasonable regulatory development schedules for the States.
If States are hesitant to publish schedules that may or may not
conform to a one year compliance schedule (especially for §3006(f)
requirements), should the Region take a firm position under
§271.21(g)(2) to withdraw a State's program?
Answer: For any State which fails to meet the January 1, 1987
extension of non-HSWA Cluster I, §271.21(g) requires the State
to submit a timetable for making revisions, and EPA to publish
the compliance schedule in the Federal Register. The compliance
schedule may not exceed one year from the extended modification
deadline or January 1, 1988, for non-HSWA Cluster I regulatory
changes (or two years for statutory changes). If all these
requirements are not met, §271.21(g)(2) provides that EPA may
initiate program withdrawal. Assisting States to remain in
compliance with the program revision deadlines is a high OSWER
priority. The Regions should carefully track State compliance
with §271.21 and be prepared to initiate program withdrawal when
States fail to comply with these requirements for making program
revisions.
Question 2. Under the circumstances of a delayed Cluster Rule
and untimely §3006(f) guidance, can EPA unilaterally grant a
one year compliance schedule with one final program modification
deadline if States are unwilling to cooperate and propose their
own timetables?
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OSWER Directive Number: 9540.00-7
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Answer: No, EPA cannot unilaterally grant a one year compliance
schedule and'publish only the final deadline date. Section 271.21(g)
requires th« State to submit a timetable for the requisite
regulatory and/or statutory revisions. Moreover, if EPA published
only the final deadline for program modification without the
cooperation of the State/ the Region would not have the interim
dates needed to monitor the State's progress toward meeting that
deadline (e.g., the date by which regulatory•changes must be sub-
mitted to a Commission for adoption). Note that the State's grant
work plan should already reflect the activities needed for the
State to remain in compliance With EPA's regulations.
Question 3. At this late date, is it acceptable for the Regions
to publish compliance schedules in the Federal Register by March 2,
1987 instead of shortly after the January 1, 1987 extension dead-
line? "If" modifications are made by the States, they have 60 days
past the modification deadline to submit a revision package. It
would seem reasonable that public notice of a compliance schedule
would not have to be published until that 60 day period expires.
.y
Answer: If it is clear that the State will need the one-year" Si ;
compliance schedule in order to modify its program, that compliance
schedule should be published as near to January 1, 1987 as posait&fe.
However, if the State has the modification underway and it appears
that it may be completed prior to March 2, the Region would be
justified in delaying the notice for up to 60 days.
Question 4. Are there plans to revise SCRAM to address
administrative procedures for provisions of § 271.21(g)(1)7
Answer: The revised SCRAM will include brief instructions per
guidance in this memorandum and an appendix which will contain
a model Federal Register notice for compliance schedules.
Question 5: Will Headquarters be preparing a model Federal
Register notice to be used by the Regions to announce schedules
of compliance for State program modifications? If so, when will
it be available?
Answer: A copy of the model Federal Register notice is attached.
If you have any further questions, please feel free to call
Marty Madison at FTS 382-2229.
Attachment
cc: State Programs Branch
RCRA Branch Chiefs,
Regions I, II, and IV-X .
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OSWER DIR. #9540.00 - 7
Model Federal Register Notice
40 CFR Part 271
[STATE]; Schedule of Compliance for Modification of
[State's] Hazardous Waste Program
AGENCY: Environmental Protection Agency, Region [ ]
ACTION: Notice of [State's] Compliance Schedule to Adopt
Program Modifications
SUMMARY: On September 22, 1986 EPA promulgated amendments to the
deadlines for State program modifications, and published require-
ments for States to be placed on a compliance schedule to adopt
the necessary program modifications. EPA is today, publishing a
compliance schedule for [State] to modify its program in accordance
with §271.21(g) to adopt the Federal program modifications.
FOR FURTHER INFORMATION CONTACT:
[Name, Address and Phone Number of the Region [ ] State Coordinator.]
SUPPLEMENTARY INFORMATION:
A. Background
Final authorization to implement the Federal hazardous waste
program within the State is granted by EPA if the Agency finds
that the State program (1) is "equivalent" to the Federal program,
(2) is "consistent" with the Federal program and other State pro-
grams, and (3) provides for adequate enforcement (Section 3006(b),
42 U.S.C. 6226(b)). EPA regulations for final authorization appear
at 40 CFR 271.1 - 271.24. In order to retain authorization, a State
must revise its program to adopt new Federal requirements by the
cluster deadlines and procedures specified in 40 CFR §271.21. See
51 £R 33712, September 22, 1986 for a complete discussion of these
procedures and deadlines.
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OSWER DIV. #9540.00 - 7
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B. [State]
[State] received final authorization of its hazardous waste
program on [date]. [Cite Federal Register notice]. [If State has
previously revised its program and had revisions authorized, include
Federal Register cites and a brief description of those revisions
here.] Today EPA is publishing a compliance schedule for [State]
to obtain program revisions for the following Federal program
requirements:
[List provisions here]
The State has agreed to obtain the needed program revisions
according to the following schedule: [Set forth several interim
milestone dates. Examples of appropriate milestones are as follows:
(1) regulations/statute drafted
(2) regulations/statute submitted to EPA for review
(3) public participation (review/hearings)
(4) regulations/statute submitted to the appropriate
governing body
(5) regulations/statute adopted
(6) regulations/statute promulgated]
..[State] expects to submit an application to EPA for authoriza-
tion of the above mentioned program revisions by •
(The appropriate deadline for the submission of an application
for authorization of non-HSWA Cluster I if regulatory revisions
are required is March 1, 1988. The appropriate deadline for the
submission of an application for authorization of non-HSWA
Cluster I if statutory revisions are required is March 1. 1989.)
AUTHORITY
This notice is issued under the authority of sections 2002(a),
3006, and 7004(b) of the Solid Waste Disposal Act, as amended by
the RCRA of 1976, as amended, 42 U.S.C.6912(a), 6926, and 6974(B).
[DATE]
[SIGNATURE]
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