vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
95.42.02-80
TITLE • InteYim-irAuthorjLzatipri, of-r Programs: Basedf on
Emereency-5StateJRegv^afi'6hs^(PIGf80-2.y
APPROVAL DATE: 10/3/80
EFFECTIVE DATE: 10/3/80
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
osw
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
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In addition, to the possibility that the emergency regulations j
would expire prior to the effective date of the final regulations^
EPA ia also concerned that the State's final regulations night
inadequate. The withdrawal procedures of 40 CFR 123. IS (b) would
apply in. either- casa. However, the Agency wants to eliminate any
possible gap in regulatory control and address in advance questions
. regarding reversion of the program in both of these situations.
Therefore, it is necessary that the Memorandum of Agreement
(MOA) describe the process whereby the State would Immediately
and voluntarily re-turn the program to EPA. The Federal regulations
provide for such a reversion process at 40 CFR 123.1S(a):
"... or in such other manner as may be agreed upon with the
Administrator.1* The State must also agree to submit its final
regulations for review of adequacy at the time it applies for
Phase II authorization.
DECISION
Recognizing both the advantages and disadvantages of allowing
a State to use emergency regulations to qualify for interim
authorization, EPA has decided to allow a State to use emergency
regulations, provided the State meets certain conditions. ;
X?
_ . . *
"SPA will grant Phase I interim authorization to a State _•-
whose program under emergency regulations is substantially
equivalent to the 'Federal program if, in addition, the following
conditions are, met:
1) The State must show that under its normal administrative
procedures it will be able to enact final regulations
which w^.1 take effect before the emergency regulations
expire;
2) The MOA must provide that the State will submit its
final regulations to EPA for review at the time the
Stata applies for 'Phase II interim authorization; and
3) The MOA must describe the process by which the State will
ImiQBdiately and voluntarily return the program to EPA in
. ;:Tth«r event that the emergency regulations expire prior to
,-'til«:; effective date of the final regulations.
Emergency regulations will not be an eligible basis for
issuance of final authorization.
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9542.02 (80)
\
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
MEMORANDUM
SUBJECT:
PROM:
TO:
ocr
PIG-80-2
Interim Authorization of Programs Based on
Emergency state Regulations -x
Steffen W. Plehn y^J$b- ^ \QjS- *""
Deputy Assistant
for Solid Wasta (WE
.strator
62)
R. Sarah Contpton -J
Deputy Assistant A
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PART 271 SUSPART B - INTERIM AUTHORIZATION
DOC: 9542.02(80)
Key Words: Authorized States, State Authorization
Regulations: 40 CFR 271.123(a)(6); 271.23(a); 271.23(b); 271.136; 271.126
Subject: Interim Authorization of Programs Based on Emergency State
'- : Regulations (P1G-80-2)
Addressee: Program Implementation Guidance Addresses
Originator: Steffen W. Plehn, Deputy Assistant Administrator for Solid Waste
R. Sarah Compton, Deputy Assistant Administrator for Water
Enforcement
Source Doc:
Date:
Summary:
-09542.02(80)
10-3-80
EPA will allow a State to use emergency regulations provided the State ..-
meets certain conditions. A State whose program under emergency regulations is
substantially equivalent to the Federal program can be granted Phase I interim
authorization if, in addition, the following conditions are met: 1
->;
1) 'The State must show that under Its normal administrative procedures it
will be able to enact final regulations which will take effect before
the emergency regulations expire. • .
2) The Memorandum of Agreement (MOA) must provide that the state will
submit its final regulation to EPA for review at the time the State
applies for Phase II interim authorization, and 3) The MOA must describe
the process by which the State will immediately and voluntarily return
the program to EPA In the event that the emergency regulations expire
prior to the effective date of the final regulations.
•
Emergency regulations will not be an eligible basis for the issuance of
final authorization.
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