vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.06(84)
'*£*" '•
TITLE: /ifect of Applicability Revision on Final Authorization
APPROVAL DATE: 6-27-34
EFFECTIVE DATE: e-27-84
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS WER OS WER OS WER
/£ DIRECTIVE DIRECTIVE Di
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PART 271 SUBPART A - FINAL AUTHORIZATION
DOC: 9541.06(84)
Key Words: Equivalency, State Authorization, Changing Federal Regulations
Regulations: 40 CFR 271.2, 265.1
Subject:
tfect of Applicability Revision on Final Authorization
quirement
Addressee: Thomas P. Eichler, Regional Administrator, Region III
Originator: Lee M. Thomas, Assistant>xAdminlstrator
X
Source Doc: #9541.06(84)
Date: 6-27-84
Summary:
On November 22, 1983, EPA issued a Clarifying Regulation stating that 40
CFR 265 applies to hazardous waste management facilities that failed to qualify
for interim status as well as those that have qualified. The Amendment does -
not broaden the applicability of the Agency's interim status regulations.
*
When a State applies for final authorization, it must certify that the
State interprets its regulations as clarified by the EPA amendment. If the
State does not interpret its regulations as provided in the new §265.1, it must
amend its regulations. The final authorized State is required by November 22,
1984 (or November 22, 1985, if it must amend or enact a statute In order to
make the required revision) to: (1) establish equivalent control over these
facilities; and (2) notify the Regional Administrator in writing that the
controls are in effect.
The State is required under 40 CFR 271.21 to submit documentation which
EPA deems necessary to assess and approve the State program revision.
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9541.06 (84
JUN 2 7 IS64
MEMORANDUM
SUBJECTi Amendment to "Applicability* Section of 40 CFR Part
/signed/ Lee M. Thomas
PPOHt Lee *. Thorae
Assistant Administrator
TOi Thomas P. Eichler
Regional Administrator, Region III (3PAOO)
On November 22, 1983, the Agency published a regulation
clarifying the scope and applicability of our interim status
standards. The amendment states that 40 CFR Part 265 applies
hazardous waste management facilities that failed to qualify for'
interitr status as well as those that have qualified (see 49 Fed.
Peg. 52713). This regulation is merely « clarification and does
not broaaen the applicability of our interim status regulations.
However; as provided in 40 CFP «271.21, this promulgation may
affect regulation development in Delaware and other States that
receive final authorization.
States with final authorization must ensure control over
this same universe of facilities. This tray require State
regulatory or legislative change or certification by the State
Attorney General. If the State interprets its regulations as
clarified by EPA on November 22, 1983, it need not amend Its
regulations. However, in an amended Attorney General's
statement (or in the statement submitted with the final authori-
zation application in the case of a State which is applying for
final authorization) It must certify that the regulations are so
interpreted, if the State does not interpret its regulations a?
provided in. the new $26*. 1, it must amend its regulations. By-
November 22v;l984 (or by November 22, 1985, if the State must
amend or etract a statute in order to make the required revision)
the final authorized state is required to: (1) establish equiva-
lent control over these facilities; and (2) notify the Regional
Administrator in writing that the controls are in effect.
The >
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- 2 -
Under 40 CfP 1271.21, the State is required to submit
documentation which EPA deeaa necessary to assess and approve
the State program revision (if a revision is necessary). In
this case/ X suggest that Delaware's State Director need only
submit a copyvof the State legal authority (e.g., amended statute
and/or regulations) which establishes control over these facili-
ties and specify the effective date. Tou >ay approve Delaware's
program revision, if one is necessary, by return letter to the
State Director without Headquarters' concurrence* We would
appreciate receiving a copy of the approval letter and revision
documents. The letter and documents should also be filed in the
Region's 'Authorization Pile* (see page 1.4-14 of the Final
Authorization Guidance Manual).
Should your staff have further questions on the amendment
to 40 CFR C265.1, they should call Deborah Wolpe in the Office
of Solid Haste at FT? 382-2210. Copies of the approval letter
and revision documents discussed above, should be sent to
Chester Oszwan of the Office of Solid Waste (wail code WH-563).
•
Since the granting of final authorization to Delaware, this
is the second memorandum I have sent you concerning amendments
to the hazardous waste prograir. For your reference a copy of
the first, dated April 16, 1994, is attached. It addressed the
addition of chlorinated aliphatic hydrocarbons to the list in
40 CFR 52*1.31.
Attachment
cct Hazardous waste Division Directors, Regions I-X
John Skinner
Bruce weddle
State Programs Branch, OSV*
Gail Cooper, OCC
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