oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9542.01-85
TITLE: RCRA RSTI #2: Extensions of Interim Authorization
. of State Hazardous. W^ste Programs
APPROVAL DATE: omi/85
EFFECTIVE DATE: oi/ii/85
ORIGINATING OFFICE: osw
H 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
-------
PART 271. SUBPART B INTERIM AUTHORIZATION
DOC: 9542.01(85)
•Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Interim Authorization, State Authorization, HSWA
40 CFR 271.122(c)
RCRA Reauthorization Statutory Interpretion #2: Extensions
of Interim Authorization of State Hazardous Waste Programs
Regional Administrators, Regions I-X ~
Jack W. McGraw, Acting Assistant Administrator
#9542.01(85)
January 11, 1985
RSI #2 explains that the Hazardous and Solid Waste Amendments extend the
interim authorization period for States from January 31, 1985 to January 31, -
1986. The memo also explains that certain States had already received exten-
sions until January 31, 1986 for "good cause", which includes situations where
States encountered unforeseen difficulty in developing RCRA equivalent programs
or encountered difficulty in submitting their applications. The memo explains
that States can still receive "good cause" extensions for these same types of
reasons.
-------
UNITED STATES ENVIPONMENTA.L PROTECTION AGENCY 9542.01(85)
MEMORANDUM
SUBJECT: RCRA Reauthorization Statutory Interpretation #2 :
/Extensions of Interim Authorization of State
Fste Programs
FROM: J£cR W. McGraw
Acting Assistant Administrator
TO: Regional Administrators
Regions I-X
The Hazardous and Solid Waste Amendments of 1984 extend
the interim authorization period .to January 31, 1986. Each
Regional Administrator has extended the previous deadline
(January 26, 1985) for some States for good cause (see 40 CFR
271.122(c)). In the absence of a further extension, interim
authorization for these States' hazardous waste programs .will
expire on the previously published deadlines. At that point,
reversion of the States' programs to Federal control would
be automatic.
Extensions for "good cause" were typically granted to
States which encountered unforeseen difficulty in developing
RCRA equivalent programs or encountered difficulty in sub-
mitting their applications for authorization. Any further
extensions should be granted on that basis also.
Should you decide to extend the authorization deadline
for certain States, we have attached for your reference a
sample Federal Register notice for announcing their extensions,
Where you wish to grant extensions, the notices must be
published by January 26, 1985, in order to avoid terminiation
of interim authorization on that date.
Attachment
cc: Hazardous Waste Division Directors, Regions i-x
Hazardous Waste Branch Chiefs, Regions I-X
-------
(SAMPLE NOTICE)
U. S. ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
Hazardous Waste Management Program; Extensions Of
Application Deadline For Final Authorization
!
AGENCY: Environmental Protection Agency (EPA)
ACTION: Notice of Extension of Phase I and II Interim Authorization
for California, Guam, and Nevada.
SUMMARY:\ EPA previously granted an extension of interim
authorization to January 26, 1985, for the States of California
and Nevada, and the Territory of Guam. These States and Guam
recently requested a further extension of interim authorization
beyond the January 26, 1985 deadline. This extension would
allow for continuation of their interim authorization under the
Resource Conservation and Recovery Act (RCRA), as amended. EPA
is granting the requested extension to avoid the reversion, on
January 26, 1985, of their interim authorization. This notice
extends California's Phase I and IIB, Nevada's Phase r, IIA •
and B, and Guam's Phase I*interim authorization until January 31,
1986, or until the date these States and Guam receive final
authorization, whichever -is earlier.
EFFECTIVE DATE: [Date of.publication]
FOR FURTHER INFORMATION: Chuck Flippo, RCRA Programs Branch,
Environmental Protection Agency Region IX,
-------
2
(SAMPLE NOTICE)
215 Fremont Street, San Francisco, CA 94105, telephone
(415) 974-8128.
SUPPLEMENTARY INFORMATION:
Background
Section 3006 of the Resource Conservation and Recovery
Act (RCRA) allows EPA to authorize State hazardous waste
programs to operate in the State in lieu of the Federal hazardous
waste program. Two types of authorization may be granted.
The first type, known as "interim authorization" is a temporary
authorization which is granted if EPA determines that the
State program is "substantially equivalent" to the Federal
program (Section 3006(c), 42 U.S.C. 6226(c)). EPA's implementing
regulations at 40 CFR 271.121-271.137 established a phased
approach to interim authorization: Phase I, covering the EPA
regulations in 40 CFR parts 260, 263, and 265 (universe of
hazardous wastes, generator standards, transporter standards
and standards for interim status facilities) and Phase II,
covering the EPA regulations in 40 CFR Parts 124, 264 and 270
(procedures and standards for permitting hazardous waste
management facilities).
Phase II, in turn, has three components. Phase II A
covers general permitting procedures and technical standards
for containers and tanks, and, in certain instances (see
California section below for discussion), for surface impound-
ments and waste piles as well. Phase II B covers incinerator
facilities, and Phase II C addresses landfills and land treatment
-------
3
(SAMPLE NOTICE)
facilities.
The second type of authorization is a "final" (permanent)
authorization that is granted by EPA if the Agency finds that
the State program (1) is "equivalent" to the Federal program,
(2) is "consistent" with the Federal program and other State
programs, and (3) provides for adequate enforcement (section
3006(b), 42 U.S.C. 6226(b)). States need not have obtained
interim authorization in order to qualify for final authori-
zation. EPA regulations for final authorization appear at 40
CFR 271.1-271.23.
40 CFR 271.122(c)(4) requires States which have received
any, but not all, phases/components of interim authorization
to have amended their original submissions by July 26, 1983, to
include all components of Phase II. (See 47 FR 32377, July 26,
1982.). Further, 40 CFR 271.137(a) provides that interim authori-
zation automatically terminated (reverted) on July 26, 1983,
unless the State had submitted an application for all phases/
components of interim authorization by that date. (See 47 FR
32178, July 26, 1982.) Where the authorization (approval) of the
State program reverts, EPA is to administer and enforce the
Federal program in the State.
However, 40 CFR 271.137(a) also allowed the Regional
Administrator to extend the July 26, 1983, deadline for good
cause so that the State program would not revert to EPA. A
Regional Administrator could not, however, extend the deadline
-------
4
(SAMPLE NOTICE)
past January 26, 1985, as 40 CFR 271.122(b) provides that
interim authorization of a State's hazardous waste program
ends 24 months from the effective date of the last component
of Phase II. The last component of the Phase II regulations
was published on July 26, 1982. It became effective on
January 26, 1983; thus, interim authorization was to end on
January 26, 1985. (See 47 FR 32365, July 26, 1982.)
The Hazardous and Solid Waste Amendments of 1984
(PL-98-616, Nov. 8, 1984), amended Section 3006(c) to allow
interim authorization to extend to January 31, 1986. Therefore,
the Regional Administrator has authority to extend a State's
interim authorization to. January 31, 1986, in appropriate
cases.
California
California received Phase I interim authorization on
June 4, 1981, and Phase II A interim authorization on January 11,
1983. The State's phase II authorization includes only
responsibility for permitting storage and treatment in tanks and
containers. It does not include responsibility for permitting:
1) treatment in surface impoundments, waste piles, land treat-
ment facilities,, or incinerators; 2) storage in surface impound-
ments or waste piles; or, 3) disposal facilities.
The State chose to apply for final authorization in
lieu of additional increments of interim authorization.
-------
5
(SAMPLE NOTICE)
EPA granted California's request for an extension of interim
authorization until January 26, 1985, because the State had
made a good faith effort to pursue regulatory and statutory
amendments necessary to secure final authorization. This effort
constituted "good cause" for extending the State's deadline
for submission of their application for final authorization.
(See 49 FR 33018, August 20, 1984.) The State then expected
to submit its application in September 1984; however, the
State subsequently encountered significant delays in adopting
the necessary three sets of regulations under two different
statutes due to a lengthy public hearing process and extensive
public interest in the regulations. California now intends
to submit its official application by July 1985 after sub-
mitting a draft application in March 1985. California expects
to receive receive final authorization by January 31, 1986.
Guam
The Territory of Guam received Phase I interim
authorization on May 16, 1983. Guam chose to apply for final
authorization rather than apply for Phase II interim authoriza-
tion. Before submitting a final authorization application, the
Territory needed to adopt both statutory and regulatory
amendments. Guam requested and was granted an extension to
submit their complete application and gain final authorization
by January 26, 1985. Because the Territory had encountered
significant delays in developing and adopting the necessary
regulatory and statutory amendments, but had made a good faith
-------
6
(SAMPLE NOTICE)
effort to pursue those amendments, good cause was shown to
allow extension of the deadline for obtaining final authori-
zation to January 26, 1985. (See 49 FR 33018, August 20,
1984.) The"Territory expects to receive final authorization
by July 1985.
•
Nevada
\
Nevada received interim authorization for Phases I, II A
and II B on July 19, 1983. The State chose to apply for final
authorization rather than apply for Phase II C interim
authorization. Revisions to the State's regulations, needed to
meet the requirements for final authorization, were completed in
June 1984. The State then planned to submit an official final
authorization application in July 1984. The State requested
and was -granted an extension to this deadline because the
State encountered significant delays in completing the statutory
amendment necessary to secure final authorization. The
State's biennial legislature and limited (60 day) legislative
term added to the State's difficulty in gaining approval of
the necessary statutory amendments. The State's good faith
effort to pursue the necessary statutory amendment constituted
good cause for extension of the State's deadline for gaining
final authorization to January 26, 1985. (See 49 FR 33018,
August 20, 1984.) The State now intends to submit its official
-------
7
(SAMPLE NOTICE)
application for final authorization by December 1984 and
receive final authorization by July 1985.
DECISION;
In consideration of the above schedules and the States' continued
good faith ef.forts to adopt hazardous waste programs necessary
to obtain final authorization, the immediate reversion of these
State programs because of their failure to meet the January 26,
1985, deadline is not in the best interest of California, Guam, or
Nevada, this Agency, the regulated community, or the citizens of
California, Guam, or Nevada. I have found good cause to extend
the deadline for the final determination on the final authoriza-
tion applications for California, Guam, and Nevada, until
[insert appropriate date for each State and Guam]; after
that, responsibility for implementing RCRA reverts to Federal
control if they have not received final authorization.
EXECUTIVE ORDER 12291: The Office of Management and Budget
(OMB) has exempted this rule from the requirements of Section
3, Executive Order 12291.
CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT: Pursuant
to the provisions of 5 U.S.C. 605(b), I hereby certify that
this extension will not have a significant economic impact
on a substantial number of small entities. The extension
-------
8
(SAMPLE NOTICE)
effectively suspends the applicability of certain Federal
regulations in favor of these States' programs, thereby
eliminating duplicative requirements for handlers of
hazardous waste in California, Guam, and Nevada. It does
not impose any new burdens on small entities. This rule,
therefore, does not require a regulatory flexibility
analysis.
LIST OF SUBJECTS IN 40 CFR PART 271: Hazardous materials,
Indian-lands, Reporting and recordkeeping requirements, Waste
treatment and disposal, Water pollution control, Water supply,
Intergovernmental relations, Penalties, Confidential business
information.
AUTHORITY: This notice is issued under the authority of Sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Ac't, as
amended by the Resource Conservation and Recovery Act of 1976,
as amended, 42 U.S.C. 6912(a), 6926, and»6974.
DATED:
Judith E. Ayres
Regional Administrator
------- |