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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