ŁEPA
                    SMI«>
                 Environmental Protection
                 Agency
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               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

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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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