ŁEPA SMI«> Environmental Protection Agency o( Solid W«*ia «nd Emergency S««con»« 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 ------- 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> ------- 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 ------- 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 ------- |