3 EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9543.00-2
•Lc: Additional Guidance on RCRA State Capability
Assessments - V
APPROVAL DATE: 12/27/34
EFFECTIVE DATE: 12/27/34
ORIGINATING OFFICE: osw
O FINAL
O DRAFT
«
STATUS:
A- Pending OMB approval
- Pending AA-OSWE* approval
For reviP« */„, comment
REFERENCE (other documents)
omment
» development or circulating
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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v>EPA
. . . .„
Wasningion. DC 20460
OSWER Directive Initiation Request
9543.00-2
Name of Contact Person
SPR
Mail Code - Branch
Telepnone Numoer
Lead Office
D OERR
OSW
D OUST
U OWPE
LJ AA-OSWER
Approved for Review
Signature of Office Director
Date
Title
Additional Guidance on &CRA State Capability Assessments
Summary of Directive
Additional Guidance on State Capability Assessments.
Key Words:
Capability Assessment
Type of Directive (Manual. Policy Directive. Announcement, etc.i
' Status
! O Draft
. Final
U New
I—I Revision
Does this Directive Supersede Previous Oirectiveis;' [__j Yes [_J No Does It Supplement Previous Directive^!' |_J Yes { | No
If "Y*»" to Either Question. What directive (number, title)
i
Review Plan
D AA-OSWER
D OERR
D OSW
D OUST
D OWPE
I—I Regions
D OECM
D OGC
D OPPE
D
Other /Specify!
his Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
' Date
Signature of OSWER Directives Officer
T Date
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DtP 21
MEMORANDUM
SUBJECT: Additional Guidance on RCRA State Capability Assessmentso _
Lee M. Thomas '
Assistant Administrator (WH-562-A)
Regional Admii
Regions I - X
FROM: Lee M. Thomas ^ Jack *' ajGr&W If
" £
n w
TO: Regional Administrators >
a more formalized process to collect the information , ?£
needed to assess the State capability. This process will;'.* l£
ensure that program quality/capability can be readily «a
discerned from the decision packages and that the package* 3*
can be processed well within the 10-day concurrence period2 £,
to
Please make sure that your tentative and final determine- ca
tion decision packages include the following: <^
CO
1. A chart outlining specific grant commitments and *
State accomplishments in the areas of permitting, ^
compliance monitoring and enforcement for FY 84 N»
(suggested format attached). A similar chart should <£
also be updated upon submittal of the Final Decision
(and for Notices of Tentative Decisions submitted
later this year) with respect to State commitments
and accomplishments to date in FY 85.
2. As you know, the assessments must include an agreement
i% th« form of a Letter of Intent or Memorandum of
Agreement that outlines specific State and EPA actions
to strengthen State program capability and
RCRA program over time. The Letter
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of Intent or Memorandum of Acjre#»went mjst include
sp.«cjltj.c schedules and/or dates for implementing
both HP* and State activities idf>nti?i«d as necessary
for enhancing the state's RCRA program. Letters or
Memoranda which are vague or generalized are more
likely to lead to unachieved expectations and
Ttiisunderatandings. It in imperative that both we
ami the State clearly understand and agree to these
specific milestones so that each program known
what is expected. For example, if the state has
not met its inspection commitments for ground-
water monitoring facilities, the agreement should
reference a schedule identifying specific facilities
to be inspected and a timetable for completion of
those inspections in the coning year. The agreement
would also specify a timetable for the state to
hire additional inspectors, and an RPA inspection
schedule that would tenporarily augment the State
program and enable the state to meet its inspection
commitments.
3. where weaknesses are found in State program areas
not identified in the grant accomplishment chart,
include specific documentation to support the
findings. For example, a state capability assessment
may conclude that the state attorney general has
been slow in processing cases referred by the progra»
office. The assessment would identify tho specific
number of cases referred in FY 84, and the current
status of those cases at the time of the assessment
(pending, filed etc.). Corrective measures for
this situation would b© addressed in the Letter of
Intent or in the Hereorandum of Agreement.
I *»ncouraq« you to submit drafts of your capability assess-
ments to Headquarters (OSW's State Programs Rranch) prior to
transmitting your tentative or final determinations, fly reviewing
drafts in advance, the Office of Solid Waste and the Office of
Waste Programs Enforcement are able to identify and assist in
resolving potential problem areas in the document without being
constrained by the 10-day concurrence period.
Attachment
cc: Haste Management Division Directors,
Regions I - X
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