v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 954i.o6<85>
TITLE: ^e Qj ycai G0verniients in operating Hazardous Waste Prograis
APPROVAL DATE: 5-20^35
EFFECTIVE DATE: 5-20-85
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
-------
PART 271 SUBPART A - FINAL AUTHORIZATION
DOC: 9541.06(85)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Local Governments, Authorized States
Role of Local Governments in Operating Hazardous Waste Programs
ğ "~ '*" ..-- . ....
Gregory Lie,'Senior Environmentalist, Department of Environment
and Energy, 320 Washington Ave., South Hopkins, MN 55343-8486
John H. Skinner, Director, Office of Solid Waste
#9541.06(85)
5-20-85
While the ultimate responsibility for inspection and enforcement of the
RCRA program remains with the State agency authorized to operate in lieu of
EPA, States may share with local governments responsibility for enforcing the -
State program. States wanting to share workload must submit certain information
to EPA for review and approval. This can be done as part of the States'
authorization process or as a revision to the authorized State program.
-------
9541.06 (85)
ğ 3
Dr. Gregory Lie MAY 20 1935 < f f
Senior Environmentalist i I £ ^ ^
Department of Environment'and Energy I a. u> vc
320 Washington Avenue, South ~
Hopkins, Minnesota 55343-8486 \TT
*-. o -
' - ..,-.- y, .
Dear Dr. Lie: .- - \.s.
oo a
uğ t
This letter is in response to your April 11 letter £.
concerning whether Hennepin County could be delegated respon- =>
sibility to conduct Inspections and take enforcement actions
in lieu of the authorized State hazardous waste program. Si
3
Under $3006 of RCRA, EPA may authorize qualified States 7
to administer and enforce the RCRA program within the State ^'
in lieu of EPA administering and enforcing the Federal program. a,
The regulations which you cite and the preamble to those o*
regulations (45 PR 33379, May 19, 1980) make it quite clear £,
that EPA may autHorize only State-level agencies. However, \
as I stated during our meeting, this does not preclude local \
government involvement in State hazardous waste programs. ~ "
Local governments with their own ordinances may, of
course, administer those ordinances, including conducting
inspections and taking enforcement actions. They can provide
assistance to hazardous waste handlers and are an excellent
source of information for State hazardous waste agencies.
Under certain circumstances, local governments could
also take a more active role. A local government could
conduct inspections on the State's behalf, and the State
agency could defer to local government enforcement of the
State laws if the State agency were convinced that the
local response was timely and adequate. A State wanting
to share its workload with local government in this manner
would have to identify the local government agencies to be
involved and describe the functions to be carried out by
local government, the procedures for coordination and
interaction, the resources to be devoted by local govern-
ment, and the State's procedures for oversight of local
government. This must occur as part of the State's
-------
-2-
authorization process. If a State were to decide to involve
local government subsequent to authorization, i't would be
necessary for the State to provide this information to
EPA for review and approval as a revision to the State's
authorized program.
Thus, while EPA could not delegate authority to local
governments, the State may share with local governments the
responsibility for enforcing the State program. However,
the ultimate responsibility for inspection and enforcement
remains with the State agency authorized to operate in lieu
of EPA.
I hope this interpretation clarifies our authority under
RCRA with regard to delegation to local governments. if yov
have any further questions, please feel free to contact rae
again.
Sincerely,
John H. Skinner, Director
Office of Solid Waste
bcc: Lillian Bagus, Region V
------- |