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DIRECTIVE NUMBER: gs4l.OO-lA
TITLE:- state Program Revisions For RCRA
APPROVAL DATE: 16 June 1986
EFFECTIVE DATE: upon signature
ORIGINATING OFFICE: OSWER
E FINAL
D DRAFT
STATUS:
[ ] A- Pending ,0MB -approval
[ ] B- Pending AA-OSWER approval
[ ]' C- For.review 4/or .comment
[ ] D- In development or circulating
REFERENCE (other document*): headquarters
Draft State Consolidated RCRA -Authorization Manual
(9540.00-1C)
€ DIRECTIVE DIRECTIVE L
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Unued States Environmental Protection Agency
Washington, DC 20460
V>EPA OSWER Directive initiation Request
Interim Directive Number
9541.00-LA
Originator Information
Name of Contact Person
T - T)p(rP3TP
Mail Code
WH-S63
Telepnone Number
382-2210
Lead Office
D OERR
Q osw
D OUST
D OWPE
D AA-OSWER
Approved for Review
Signature of Office Director
Jeff Denit
Date
5/15/86
Title
STATE PROGRAM REVISIONS FOR RCRA
Summary of Directive
Describes timetable for State program revisions,
Key Words:
State authorization, Revisions, Schedule
Type of Directive (Manual. Policy Directive. Announcement, etc.l
rStatus
D Draft
ED Final
G New
LJ Revision
Does this Directive Supersede Previous Directive!s)? | | Yes |Xl No Does It Supplement Previous Directives)' | I Yes |X| No
If "Yes" to Either Question, What Directive (number, title)
Review Plan
D AA-OSWER O OUST
D OERR D OWPE
D OSW O Regions
O OECM
D OGC
D OPPE
D
Other (Specify)
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
A
Date
Signature of OSWERlDirectives Officer
! Daw
EPA Form 131 5-17 (10 8S>
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OSWER Directive #9541.00-1A
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
JUN I 6 1986
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: State/ ProgramR_evisions for RCRA
A^ fafe
FROM: J. WtWstoi/Porter
Assistant Administrator
TO: Regional Administrators
Regions I-X
As you are aware, numerous changes have been made recently
to the RCRA hazardous waste program. These changes are in
response to the Hazardous and Solid Waste Amendments of 1984
(HSWA) and other Agency actions. The 41 States., that currently
have final authorization must revise their programs to pick up
Federal program changes by certain deadlines. The purpose of
this memorandum is to discuss the State revision deadlines
and to encourage the development ~o'f—State-specificr~schedu±e's—~~r
for completion of these actions.
EPA's Part 271 regulations currently require that authorized
States modify their programs to adopt new Federal requirements
within one year of the Federal change. The States are allowed
two years for a modification if it requires a change to the
State statutory authority. The Agency believes that due to
the number of Federal program changes anticipated over the
next several years, the process for State program changes
would be burdensome and unmanageable.
On January 6, 1986, we proposed a simpler system for
defining State revision deadlines that would provide a single
deadline for all RCRA rules that are issued over a one year
period (July 1 - June 30). (This one-year group of rules is
referred to as a "cluster".) We proposed that the deadline
for a State to pick up the changes in the annual cluster would
be one year after the end date of the cluster (or two years
afterwards for the specific provisions requiring statutory
change). Also included in the proposed rule is a one-time
special deadline for the HSWA provisions that occur between
November 8, 1985 and June 30, 1987 (the "special HSWA cluster").
The special HSWA cluster deadline would be July 1, 1988 (or
July 1, 1989 if statutory changes are required). The State
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OSWER Directive I9541.00-1A
- 2 -
availability of information requirement of HSWA (§3006(f)) is
treated differently than other HSWA provisions. Because this
requirement is included in the first non-HSWA cluster, it would
be due on July 1, 1986 (or July 1, 1987 if a statutory change
is needed).
The Agency is working to promulgate the cluster rule as
expeditiously as possible. While I believe that we should urge
the States to adopt Federal program changes, I do not think it is
reasonable to force them to meet deadlines that we are actively
seeking to change. At the same time, authorized States should be
pursuing program changes on a schedule that will not violate the
deadlines we proposed in January. Therefore, I urge the States
and Regions to do the following:
1. Review each State's final authorization record
to ensure that the State has authorization for
all required Federal changes that occurred
before July 1, 1984. If a State hasn't made
these modifications, you should work with them
in order to expedite the needed changes.
2. Evaluate the status of State efforts to pick
up RCRA §3006(f) regarding State availability
of information and all non-HSWA Federal changes
that occurred between July 1, 1984 and June 30,
1985. Under the proposed cluster "ruTerthe's'e—--.--— -'-
State modifications would need to be made by
July 1, 1986 (or July 1, 1987 for only those
provisions requiring a statutory change). The
States should make every effort to meet these
dates. If it is not possible for a State to meet
the revision deadlines then the Region should work
with the State to develop a schedule that provides
for modifications as expeditiously as possible.
The State revision deadlines for the various HSWA provisions
that have taken effect will be addressed in the cluster rule when
it is promulgated this summer. Until that time the Regions and
States should concentrate on picking up the revisions identified
above as quickly as possible.
. Thank you for your support and cooperation in this effort.
If you have any questions about State program revisions feel free
to contact Frank McAlister (FTS 382-2210) in State Programs Branch,
cc: Waste Management Division Directors, Region I-X
RCRA Branch Chiefs, Regions I-X
Marcia Williams, OSW
Bruce Weddle, OSW
Lisa Friedman, OGC
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