oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.08-85
TITLE:
Revisions to State ^Programs
APPROVAL DATE: 08/16/85
EFFECTIVE DATE: 08/16/85
ORIGINATING OFFICE: 05U3
K FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D- In development or circulating
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 271 SUBPART A - FINAL AUTHORIZATION
DOC: 9541.08(85)
Key Words: Authorized States, HSWA
Regulations: 40 CFR 271.21(c), 271.23
Subject: Revisions to State Programs
Hazardous Waste Management Division Directors, Regions I-X
Bruce R. Weddle, Director, Permits and State Program Division
#9541.08(85)
8-16-95
Addressee:
Originator:
Source Doc:
Date:
Summary:
The memo describes procedures for States to follow to revise their programs
in order to incorporate new Federal program requirements under HSWA. These
requirements apply to States that have final authorization as well as those
that are seeking final authorization.
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9541.08 (85)
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SUBJECT t a*ri»iona to State Programs »
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'*'' Weddie . /< / 2 S
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Pwetoits and Statfe Programs Division (WH-563-B) » S
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TOt Hazardous Waste Managewcnt Division Director - •
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••-•-•- Ond«r our current regulations, changes to the Federal •• n-
prograut can have a profound impact on Statea that either are M ^
applying for or have received final authorization: w ^
'
;e> 2(5 States that currently have final authorization • -• S*
revise their programs to pick up all of the recent \®
Federal changes* ';-' — " -•-'. ' f-'.'''• - M
tlwtt intend, to apply for finatl authorization in 8J
'near futtcire, will -need to demons1 trait* coverage .of ^ _v
the new Federal requirements, depending on the " ^
the official application "Is.
Th,« Regioxur need to make all' the States aware of the upcoming ^
revisions deadlines as discussed in this memorandum and my ®
March 20, 1985 memorandum (attached) so that they can develop i
schedules with the States for the execution and submission of jo.
State program modifications. £
CHAHOIJKJ THB PROGRAM REVTSTON RULE
^ Th1* vCTurr^n-t^ draft of, the propoaed codification rule propoaes
to change ^^thia'progr an revi»i«*t deadlines. The proposal would
aospend ^intit 1992 -the d«adi4.me«, inr. ^271. 21(e) for State revisions
for.B»eX ruie»v Tm« deadline in' §3006 (b) for review of official
not b« affected by the suspension, nor would
'' apply to th.e availability of information require-
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• •' --»».*..".' .. •-
-*.«-• ' •' ^ j! a i ^ j m
ttie- concept of clustering .
that program revisions will be
'»'T«;ar-:,;fwr a- groap^. of requirements, instead of
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separate one year deadline* applying to each individual
requirement. The- first cluster would encompass the non-HSWA
requirement* promulgated between July 1, 1984 and June 30, 1985
.(see the atftftcfeed table). That cluster would also contain the
State-^VJniljlriKTity of: information requirements. State program
modificatiid«»v>for this cluster would need to be complete by
July 1, 198«V.-{br July 1, 1987, for those provisions in the
cluster for which a State statutory change is needed). HSWA
requirements (other than the State availability of informa-
tion requirement) would be included in the annual clusters
beginning July 1, 1990. A copy of the. draft proposed rule is
Attached for your information.
Although we believe our draft proposal is a reasonable
way to implement the newly expanded RCRA-HSWA program, at this
time we cannot be certain as to the ultimate outcome of the
rulemaking. However, over the past few months we have indicated
in meetings witJvyou as well as with ASTSWMO that we plan- to
proprose the alaove changes to- the program revision requirements.
As a result, few States have initiated the legislative and
rulemaking actions to adopt the HSWA amendments as required
by bur current regulations. We, therefore, face a dilemma:
we could urge authorized States to adopt the appropriate HSWA
amendments by November 8, even though we are attempting to
change our regulations; or we could assume that our regulatory
changes will be in effect by November 8. .1 recommend the
"latter approach.
While" I believe that we should urge the States to adopt
the HSWA amendments as quickly as practicable, I believe that
"forcing" them to adopt changes by November while we are
actively proposing to change the regulations is not advisable.
As part of the rulemaking,process we may decide to retain the
existing program revision schedules. Should this occur we
'then, can negotiate.schedules vi^h the States that enable them
.to adopt the necessary program changes before initiating the
program withdrawal procedures under. $271.23. It should be
noted that program withdrawal is descretionary and the
procedures provide time for, the States, to remedy any program
deficiencies.
r; " ' * V
OFFICIAL. APPLICATION APPROVAL PROCESS
In: or$inr for a State to obtain final authorization, it must
submit an official application to EPA for review. The State's
appljjratfOff''•tts.t address all provisions of the Federal program
that were prieralgated (for regulations) or effective (for self-
implementing statutory provisions) more than one year prior to
application submission. (See §271.21(e)(1>(i); note that the
six month extension in §271.21(e)(1)(ii) was superseded by the
HSWA change to §3O06(b) and removed from the regulation by the
July 15, 1985 final codification rule.) Therefore, it is
important for any State which is applying for final authorization
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to adopt any Federal program changes that occurred earlier than
the date one year before its official application is submitted.
Once the Stm-te's application has been submitted, the applica-
tioztvdoes> nb&have. to be amended for subsequent changes in the
Federal progxu. The application proceeds through the EPA
approval procetfs specified in §270.20. The attached table
identifies the deadlines for submission of an official applica-
tion without addressing certain Federal program changes.
As an example, the chlorinated aliphatic hydrocarbon
listing was promulgated on February 10, 1984. Therefore any
official final authorization application submitted on or after
February 10, 1985 must address this listing (see attached
table)^ An application received prior to that date does
not have to include the waste listing, but the State will
subsequently need to revise its program for the listing as
disctiased below.
PROGRAM REVISION PROCESS
The revision process is separate from the initial final
authorization approval process; it applies to States that have
obtained or are in the process of obtaining final authorization.
(See §271.21(e)(l)(iii), (e)(2), and (e}(3).) States must
modify their programs to pick up Federal program changes by
certain deadlines, currently one year after rule promulgation
or after the effective date of self-implementing statutory
provisions. An extension of an additional year is allowed if
the State must make statutory changes. Once the State has
modified its program, it must seek EPA approval of the change
within 30 days (§271.21(e)(4)). As discussed earlier in this
memorandum, EPA is about to propose changes to the revision
deadlines.
It is possible that a State can be involved in the
authorization process and revision process simultaneously. This
can happen when a change to the Federal program occurs during the
period beginning one year prior to the State's submission and
ending one year prior to the date that authorization is granted.
In this case, the State's application does not have to address the
Federal change* bat the State must modify its program by the date
of authorization. For example, if an official application is
submitted vprjtox- to February 10, 1985 but authorization is not
granted by, -fcBajt,date, the State is obliged to modify its program
to include-chlorinated aliphatic hydrocarbons by the date of
final authorization. The RA may extend the February 10, 1985,
deadline for the modification by up to six months (August 10,
1985) if the State made a good faith effort to meet the deadline.1
(See $271.21(e) (3); note that the deadline extension begins on
February 10", 1985, not on the date of final authorization.) If
the JRA grants such an extension, then the authorization may
proceed without the modification.
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TJ&LE OF FEDERAL PROGRAM CHANGES
I am attaching a table which identifies amendments to the
Federal program since January 1, 1983 that States with final
authorization are obliged to pick up. The table delineates
which provision* are HSWA requirements and which are non-HSWA
requirements. It also specifies the deadlines for submission
of official final authorization applications. State program
modification deadlines are presented for those rules unaffected
by the proposed codification rule (i.e., changes promulgated
prior to July 1, 1984).
As can be seen from this table, we are now past the deadline
for four State program modifications:
* immediate response to spills and discharges
* biennial report.
* uniform national manifest
• chlorinated aliphatic hydrocarbon listing
All States with final authorization should have completed their
program modifications for these rules and submitted documentation
to EPA for approval. Recently authorized States may already
have received approval for some or all of these provisions as
part of their final authorization decisions.? in such cases the
State- only has to revise its program for the remaining rules
listed above*
We are developing a computerized tracking system that will
allow the Agency to monitor each State's program in receiving
approval for its program revisions. You will be receiving
information on this system very scon. In addition, the attached
table will be updated as additional requirements are promulgated.
The updated tables will be issued by the State Programs Branch,
and all Regional Hazardous Waste Branch Chiefs will receive
copies. '.."•'
/ 1
Attachments,
ccs Hazardous Wajate Branch Chiefs, Regions I-X
v~. RCHA OftC Braacfe Chiefs , .Regions I-X
Jotanr ffl&nper »• OS5T
Branch
Sue Mos-Lfcad, ASTSWMO
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