&EPA
             United States
             Environmental Protection
             Agency
           OHice of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER: 9650.9

TITLE: Suggested Procedures for Review of
    State UST Applications
              APPROVAL DATE: 3/16/89

              EFFECTIVE DATE: 3/16/89

              ORIGINATING OFFICE: Office of Underground
              0 FINAL          Storage Tanks

              D DRAFT

               STATUS.
              REFERENCE (other documents):
 OS WE Ft      OS WER     O S WER
fE   DIRECTIVE    DIRECT/Vt

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                      united otates environmental protection Agency
                             Washington, DC 20460
            OSWER Directive  Initiation Request
                                                                   1. Directive Number
                                                                      9650.9
                                  2. Originator Information
      Name of Contact Person
       Jerry Parker
                              Mail Code
                                OS-420
                Office
                  OSWER/QUST
Telephone Code
  475-7263
      3. Title
              Suggested Procedures for Review of State UST Applications
      4. Summary of Directive (include brief statement of purpose)
       This document proposes  a  set of suggested procedures for review of
       individual  State UST applications.
      5. Keywords  review process,  State program  approval review,, roles and responsibilities,
               schedules                                  '      •
      6a. Does This Directive Supersede Previous Directive(s)?
      b. Does It Supplement Previous Directive(s)?
                                             No
                                             No
                                               Yes  - What directive (number, title)
                                               Yes    What directive (number, title)
7. Draft Level
    A - Signed by AA/DAA
B - Signed by Office Director
                                                      C - For Review & Comment . - - .'•'•  b'- In Development
8. Document to be distributed to States by Headquarters?


Yes
XX

No
This Request Meets OSWER Directives System Format Standards. ' •• '"' '
9. Signature of Lead Office Directives Coordinator
(S^^t'J^l r/C^/)/H^?J
Beverly Thomas, Directives Coordinator, OUST
10. Name and Title of Approving Official ,S / j^- /\. _/£__
/{/~r~0"- — ^^•,^^e^-^r
Ronald Brand, Director, Office of Underground Storage Tanks
Date
3/^ln ,
Date
y*j/*?
      EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
   OSWER           OSWER               OSWER
VE     DIRECTIVE          DIRECTIVE

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                      OSWER Directive 9650.9
SUGGESTED PROCEDURES
      FOR REVIEW OF
STATE UST APPLICATIONS
   £7.5. ENVIRONMENTAL PROTECTION AGENCY




   OFFICE OF UNDERGROUND STORAGE TANKS
           March 1989

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                                                         OSWER Directive 9650.9

                               TABLE OF CONTENTS

I.     INTRODUCTION                                                           3

II.   OVERVIEW AND APPROACH                                                  3

III.  ROLES AND RESPONSIBILITIES                                             4

      Regional Review Team Members                                           5
      State Applicant                                                        8
      Headquarters Offices                                                   8

IV.   REVIEW PROCESS                                                         9

      Phase 1: Acceptance of Application                                    11
      Phase 2: Substantive Review and Tentative Determination               11
      Phase 3: Review of Public Comments and Final Determination            13

V.     SCHEDULE FOR'APPLICATION REVIEW PROCESS                               14

      Streamlined Interim and Final Approval Schedule                       14
      Extended Interim and Final Approval Schedule                          16

VI.   CODIFICATION OF APPROVED STATE PROGRAMS                               17

VII.  ADMINISTRATIVE RECORDS FOR STATE PROGRAM APPROVAL DECISIONS           18

      Purpose of the Record                                                 18
      Content of the Record                           '                      18

APPENDIX A  GUIDANCE ON PREPARING FEDERAL REGISTER NOTICES                 A-l

APPENDIX B  APPROVAL DETERMINATIONS

      Tentative Determination To Approve                                   B-l
      Final Determination To Approve                                       B-6

APPENDIX C  CODIFICATION OF APPROVED STATE PROGRAMS

      Proposed/Final Codification Notice                                   C-l
      Immediate Final Codification Notice                                 C-12
      CFR Reference for Codification of State UST Programs                C-23

APPENDIX D

      Checklist for Complete State Applications                            D-l

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PROCEDURES

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                                                        OSWER Directive 9650.9
I.     INTRODUCTION

      This document proposes a set of procedures for review of individual
State UST applications.  The review processes are designed for both the
Regions and Headquarters offices, although the Regions have the prerogative to
adopt alternative procedures to suit individual Regional organizations.  The
procedures that govern the participation of Headquarters offices and their
role in the State program approval process are intended to remain more rigid.

      The document is organized to explain the general approach of the Office
of Underground Storage Tanks (OUST) to State program approval; suggest the
roles and responsibilities of the Regions; describe the limited involvement of
certain Headquarters offices; suggest a schedule for ensuring that decisions
are made on State applications within 180 days, as required by Subtitle I of
RCRA; and provide information on codification of approved State programs and
administrative records for State program approval decisions.
II.  OVERVIEW AND APPROACH

      EPA has developed a State program approval process that will ensure that
existing and future State programs are approved to operate "in lieu of" the
Federal program with as little disruption and controversy as possible.  As
stated in the final State program approval rule published in the Federal
Register on September 23, 1988, EPA's goal is to develop a flexible State
program approval process that will allow States to explore innovative
approaches in program development and implementation, while providing the
required level of stringency.  A process that delegates major responsibility
for UST program implementation to the individual States makes sense because
the most effective response to UST problems is provided through State or local
programs which are closer to the UST facilities than the Federal government.
However, concepts, guidance, and training for program implementation are
developed by Headquarters and the Regions.   The Regions then use these tools
to assist individual States in developing approvable UST programs and to
ensure that State programs fulfill the statutory requirements.

      In the internal EPA process for State application approval, Headquarters
is responsible for establishing and maintaining national standards for program
consistency and quality.  The Re'gions, who are most knowledgeable about the
quality and uniqueness of individual State programs, are responsible for
managing the review of applications, and for making the tentative and final
decisions to approve State programs.  Such decision-making authority already
has been delegated to the Regional Administrators, with a limited consultation
role for OUST.  This document suggests s>me procedures the Regions might use
in carrying out this important activity.

      The UST State program approval process described here is  designed to
streamline the formal decision-making process so that States meeting the
standard established by EPA will be approved in the shortest possible period
of time.  The approval process is also designed to maximize interaction
between the Region and State.  This interactive process should result in

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                                                         OSWER Directive 9650.9
 faster removal of obstacles to approval because the Region is able to discuss
 approval  issues and public comments with the State early in the process.   The
 process also allows the State Agency Director an opportunity to effectively
 defend the program, as necessary,  before the Regional Administrator.
 III.  ROLES AND RESPONSIBILITIES

 Overview

       The Regional Review Team, which includes the UST Program Manager,  staff
 representatives from UST program,  and a representative from the Office of
 Regional Counsel,  is responsible for reviewing State program approval
 applications,  working with the State to reach agreement on any outstanding
 issues,  and recommending approval  decisions to the Regional Administrator,
 through  the appropriate Regional Division Director.   Regions are not required
 to consult with OUST on recommended decisions unless the Region is planning
 not to approve a State program.

       Review and discussion of States'  laws regarding underground storage
 tanks should begin as the State is developing its application.   The Regional
 Review Team will identify deficiencies  in State laws as soon as possible so
 that  States will have adequate time to  make necessary legislative
'modifications and still receive timely  program approval.  As the first step in
 program  approval,  statutory and regulatory review assures the States of being
 able  to  develop an official program approval application with confidence.
 After review of the statutes and regulations the Region, following
 consultation with the Office of Regional Counsel, should conduct a meeting
 with  the States'  Attorney General  (or staff) to discuss any deficiencies found
 in the law.  Some Regions may wish to have the Regional Counsels take the lead
 in setting up such a meeting;  this can  be a Regional determination.   Following
 this  meeting,  the Regions should inform the State of the Agency's concerns
 regarding unresolved issues.

       As States proceed toward program  approval, the Regions must provide on-
 going assistance,  working closely  with  the States to ensure adequacy and
 completeness of the various components  of the State's draft application for
 program  approval.   A thorough review of the various components of the draft
 application should begin in the Regions as soon as each is completed by the
 State.  These pre-application reviews should be timely,  with written comments
 forwarded to the State within three weeks from date of receipt.  This process
 alerts the State very early to issues which could later cause a delay in
 review and approval of the official application.

       Before the State application process begins, OUST is responsible for
 determining national decision-making criteria for "no less stringent" and
 "adequate enforcement".   Other Headquarters offices, such as the Office of
 General  Counsel (OGC), the Office  of Enforcement and Compliance Monitoring
 (OECM),  and the Office of Waste Programs Enforcement (OWPE),  are responsible
 for assisting OUST in this task.  During the application review process,  OUST
 and OGC  will serve as resources for the Regions to assist them upon request.

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                                                        OSWER Directive 9650.9
OUST will also examine the first few State applications to determine the
effectiveness of the national decision criteria for "no less stringent" and
"adequate enforcement",  and will also observe the application review process
and suggest ways to improve it.  These suggestions are meant to help the
Regions better understand the "no less stringent" requirements so as to be
able to come up with consistent interpretations.  Headquarters offices may
make comments on applications but will not have a formal concurrence role with
respect to the Regional Review Team recommendation.

      Exhibit 1 displays the interaction between the Regional Review Team and
the other participants in the review process.  The following sections more
fully describe the roles suggested for each of the participants.
Regional Review Team Members

      Composition of the Regional Review Team will likely vary from Region to
Region.  Team members will necessarily reflect the UST staffing levels and
Regional needs and priorities.  We suggest that the team be comprised, for
example, as follows:  Regional UST Program Manager (Chairperson); Regional
person representing UST enforcement; Regional person representing LUST Trust
Fund policies; Regional person representing the UST prevention program; and a
Regional Counsel representative.  Please note that in practice, one Regional
person may be wearing several hats, e.g., UST enforcement, LUST Trust Fund,
and UST prevention program.  In many Regions, the UST staff is responsible for
UST enforcement.  Some Regions may also wish to have a technical standards
expert on the Review Team.

      The following elaboration of the roles of the Regional Review Team
members is meant to suggest one possible way in which the review process might
be handled.  The Regions should adopt specific procedures which best suit
their particular organization.

      n     The Regional UST Program Manager

                Attempts to resolve any issues before the State
            application is formally submitted.  Manages the
            initial review to determine if the State application
            is complete.  If necessary, staff works with the State
            to supply  information missing from the application.
            Notifies the State Program Contact when the
            application is declared complete.  Transmits complete
            application to Regional Review Team and tracks review
            cycle.

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                               ExfiMl
Participants in the State Program Approval Process





1
1 OGC
1
L
*
1
1
1
1

1
1
1
1
1
1
I 	 _^



• T
1
* —
r^w~
1
. J





r~
I
— -*H
1
1 	







OUST







T
1
H
1
j





RA/DRA




h 	 ,
|
1
t
Regional Review
Team























Regional
Counsel
Representative








Division
Director









\

Regional


*-



\ 	


\


UST Program Manager
(Chairman)





















Regional*
UST
Enforcement
Representative
-
	 	 .



	 	 .













State Agency
Director











State Program
Contact


'


















Regional
LUST
Trust Fund
Representative
Regional
UST Prevention
Program
Representative
* In many Regions the enforcement representative works directly for the UST Coordinator, rather than in a separate enforcement office.

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                                                        OSWER Directive 9650.9
            - - Chairs the Regional Review Team meetings.
            Responsible for negotiating and resolving remaining
            issues with the State Program Contact.   Recommends an
            approval decision (tentative and final)  to the
            Regional Division Director and the Regional
            Administrator.   Documents the final position of each
            member of the Review Team, especially any reasons to
            support a recommendation for disapproval,  if any.

            -- Manages the public comment process,  and conducts a
            public hearing if necessary.   Sends copies of all
            public comments to the Review Team and the State
            Program Contact.   Works with the State Program Contact
            to respond to any issues raised by the commenters.

            Regional Counsel Representative

            -- The Regional Counsel representative will be most
            heavily involved in reviewing the Attorney General's
            Statement to determine the adequacy of the State's
            legal authorities.  Determination of a State's
            capabilities, however,  will be left to the Regional
            UST Program Manager.   The Regional Attorney may need
            to meet with a representative from the State Attorney
            General's Office to resolve outstanding issues.

            Other Regional Team Members

            -- Are responsible for reviewing the substance of the
            State application and making approval recommendations
            to the Regional UST Program Manager.  Participate in
            all Review Team meetings and also attend the briefing
            for the Regional Administrator.   Review public
            comments and advise Regional UST Program Manager in
            responding to any issues raised by the commenters.
State Applicant

      •     State Proeram Contact
            --  Submits an official application,  preferably using the standard
            form developed by OUST.   (The standard application form is
            optional;  States may tailor the application format to suit their
            needs.)   Responds to requests from the Regional UST Program
            Manager  for missing components or additional information needed to
            complete the application.   Discusses all potential issues with the
            Regional UST Program Manager as they arise during the review of
            the application.  Attends  the briefing for the Regional
            Administrator on any outstanding issues, along with the State
            Agency Director.  Receives copies of any written public comments

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                                                        OSWER Directive 9650.9
            from the UST Program Manager and works with the Program Manager to
            respond to any issues raised by the commenters.
            State Agency Director

            -- Meets with the Regional Division Director or
            Regional Administrator/Deputy Regional Administrator
            to pursue negotiation of problems if the State Program
            Contact cannot resolve major issues with the Regional
            UST Program Manager.
Headquarters Offices

      As described earlier, Headquarters offices have a major role to play in
developing national decision criteria (i.e., the criteria Regions apply when
evaluating State applications), but only a relatively minor role in
implementation of these decision criteria during the review of individual
State program applications.

      n     Office of Underground Storage Tanks

            -- OUST will be available during the pre-application phase for
            consultation and will review State program applications when
            referred by the Regions.

            -- OUST is responsible for reviewing the first few
            State applications to validate the consistency of
            application of the national decision criteria.  OUST
            will identify six to twelve early applications for
            concurrent review.  The Regional UST Program Managers
            will send copies of those applications to OUST.  OUST
            will notify OGC that a State application is available
            for review.  In addition, OUST will observe the
            Regional Review process in order to ascertain its
            workability and to recommend improvements,  if
            necessary. This review provides Headquarters and the
            Regions an opportunity to ensure that specific
            approval issues are fully considered in light of
            potential shortcomings that may be inherent in the
            national decision criteria.   This process will not
            delay the Regional review.  Finally, OUST must be
            consulted if the Regional Administrator expects to
            make a negative determination on a State's
            application.  (This consultation procedure is required
            by the terms of the existing delegation of authority
            from the Administrator to the Regional Administrator.)

            - - OUST will follow up on the shortcomings identified
            during this process and work with the Regions and

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                                                        OSWER Directive 9650.9
            other Headquarters offices to revise the national
            decision criteria as appropriate.

            Office of General Counsel

            -- OGC is available during the pre-application phase
            for consultation and will review State program
            applications when referred by the Regions through
            OUST.

            -- OGC may obtain a copy of the initial applications
            from OUST and review them with regard to the
            effectiveness of the national decision criteria.  OGC
            submits its comments to OUST.

            -- The Regional Counsel representative on the Regional
            Review Team may choose to consult with OGC as
            necessary on any State application.

            -- OUST will consult with OGC on an "exceptions" basis
            as specific legal issues arise that affect more than
            one State or Region.
IV.  REVIEW PROCESS

      The process we suggest for review of State applications is displayed in
Exhibit 2.  Each step on the flow chart is numbered and explained below.   As
stated earlier,  these steps can be modified to meet Regional needs.

      This process assumes substantial pre-application consultation and
cooperation with the State.  Prior to the State application being formally
submitted, the Regional UST Program Manager works and negotiates with the
State Program Contact to resolve, wherever possible, outstanding issues.
Codification of State laws should be initiated during this pre-application
phase.

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                                                                 ExhifiiT 2
                                Steps in the State  Approval Review  Process
       Receive State
        Application
       Completeness
       Determination
                                           RRT
                                          Meets -
                                        Determine if
                                      State Must Submit
                                         Additional
                                         Information
RRT Members
Request Additional
Information from
 State Program
    Contact
                                                                           8
 State Program
    Contact
Interacts with UST
Program Manager
  As Necessary
                                        RRT Meets to
                                          Discuss
                                      Recommendations
                                     for Approval Decision
                                                                                There
                                                                             Outstanding
                                                                                Issues  / No
                                                                                                                               14
                                                                                                Meeting with
                                                                                               State Director,
                                                                                               Division Director
                                                                                               and RA/DRA to
                                                                                               Resolve Issues *
                                                                                                                                 15
                                                           Brief
                                                       Division Director
                                                        and RA/DRA
                                                     on Recommendation
                                    16
                                                       17
                     RA Makes Decision
                     and Notifies State
                      Agency Director
                         Publish
                      Federal Register
                         Notice
                                                            If
                                                          Tentative
                             Public Comment
                             Period and
                             Public Hearing
                             If Necessary
                             (30-31 days)
                                                 j.
                                                 '  Final
                                                          22
                         Are There
                          Adverse
                           Public
                         Comments
                                                                                                               21
                                             PROGRAM
                                            APPROVAL
* The Region must consult with OUST prior to making a negative determination.

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                                      11                OSWER Directive 9650.9
Phase 1: Acceptance of Application

1.  The State submits an official application. (The standard form developed by
OUST is optional.)

2.  Regional UST staff review the State's standard application form or other
application materials using a checklist or similar tool to determine if the
application is complete. This review is conducted as quickly as possible after
receipt of the State's application.

3.  The UST Program Manager contacts the State Program Contact to request
missing components or additional information necessary to review the
application.

4.  Once the application is declared complete and logged-in, Regional staff
make copies of the official application and distribute it to the Regional
Review Team and OUST in the cases where OUST has requested the application for
review.  The Regional UST Program Manager notifies the State Program Contact
in writing that the application has been declared complete and that the 180-
day review process has begun.
Phase 2: Substantive Review and Tentative Determination
5.  Once the application is complete, we recommend the Review Team take about
three weeks to review the application.

6.  Around the beginning of the fourth week, the Review Team meets to discuss
any issues regarding the State's application.  The purpose of this meeting is
to decide what issues require additional information or clarification by the
State.

7.  The Regional UST Program Manager meets with the State Program Contact
during the fourth week to request any additional information and to negotiate
and resolve any outstanding issues in order to reach a tentative determination
on the application.  (Some Regions may wish to maintain a written record of
this step.)  At the same time, the Regional Counsel representative may wish to
meet with a representative from the State Attorney General's Office.

8.  The State Program Contact submits additional information and interacts
with the Regional UST Program Manager to respond to questions raised by the
Regional Review Team.

9.  The Regional UST Program Manager sends the revised State information to
the Review Team and OUST.  The final review stage begins, which we recommend
take three weeks.

10.  The Regional Review Team meets to discuss its recommendation for a
tentative determination.  The function of this meeting is similar to a
workgroup closure meeting in the regulatory development process.   Each member

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                                      12                OSWER Directive 9650.9
of the Regional Review Team is given an opportunity to discuss issues with the
team and to state his or her recommendation for the tentative decision.
Review Team members should focus their comments on issues that are "stoppers".
"Stopper" issues are legal or policy issues that the Regional Administrator
would agree require disapproval of the State's application.  The Regional UST
Program Manager is responsible for formulating an overall recommendation for
the Division Director and the Regional Administrator.  This recommendation
should be accompanied by a discussion of any issues raised by the Regional
Review Team that are unresolved at the conclusion of its review.

11.  The Regional UST Program Manager decides if there are any outstanding
issues regarding the State's application for program approval.

12.  The Regional UST Program Manager briefs the Division Director and the
Regional Administrator or Deputy Regional Administrator on the outstanding
issues.

13.  The Regional UST Program Manager notifies the State Program Contact of
the outstanding issues if upper management cannot resolve the issues.

14.   The Regional UST Program Manager, Regional Attorney, State Agency
Director, State Program Contact, Regional Administrator, and Division Director
meet to resolve any remaining issues.  Regional Review Team Members are
present at this briefing in order to provide additional explanation of the
issues,  if needed.  In the event the Regional Administrator intends to make a
negative determination following this meeting, OUST should be contacted prior
to the official notification of the State Agency Director in step 16.

15.  If there are no outstanding issues at step 11, the Regional UST Program
Manager briefs the Division Director and the Regional Administrator or Deputy
Regional Administrator on an affirmative recommendation.

16.  The Regional Administrator makes a tentative determination on the
application and notifies the Division Director, the Regional UST Program
Manager, the Regional Attorney, and the State Agency Director of his or her
decision.

17.  The Regional UST staff draft the Federal Register notice of tentative
decision.   (Model Federal Register notices are provided as examples in the
appendix to this document.)  The Regional UST Program Manager obtains the
Regional Administrator's signature on the Federal Register notice and the
Federal Register notice is published.

18.  If this is a notice of tentative decision, the process continues on to
step 19.  If this is a notice of final determination, the process skips to
step 23 and ends with program approval, as described below.

19.  The public comment period begins.  A public hearing may be held at the
conclusion of the 30-day public comment period if requested or if there are
significant unfavorable comments.  The notice of the public hearing may be
combined with notice of tentative decision.

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                                      16                OSWER Directive 9650.9
143                     Publish Federal Register Notice of Final Determination


                 EXTENDED INTERIM AND FINAL APPROVAL SCHEDULE

Calendar Days           Approval Activities

  1                     Log and Transmit Complete Application To Review Team

 21                     Review Team Completes Initial Review of Application

 24                     Regional Review Team Meets with UST Program Manager To
                        Ascertain Need For Any Additional Information From the
                        State

 25                     UST Program Manager Contacts State Program Contact To
                        Discuss Additional Information (If Necessary)

 39                     State Program Contact Submits Additional Information
                        (If Necessary)

 53                     Review Team Completes Final Review

 58                     Review Team Closure Meeting To Discuss Recommendations
                        on the Application

 65                     UST Program Manager Formulates An Overall
                        Recommendation and Prepares Briefing For the Regional
                        Administrator and Division Director

 67                     UST Program Manager Briefs the Regional Administrator
                        and Division Director on Approval Issues

 68                     UST Program Manager Notifies the State Program Contact
                        of Outstanding Issues

 69                     UST Program Manager Briefs the Regional Administrator
                        and the Division Director Regarding Issues on the
                        Tentative Determination; Meets with the State Agency
                        Director and the State Program Contact As Necessary

 76                     Regional Administrator Makes Tentative Determination
                        and Notifies UST Program Manager and State Agency
                        Director

 86                     Regional Staff Complete Federal Register Notice of
                        Tentative Decision, and Obtain Regional
                        Administrator's Signature

 93                     Publish Federal Register Notice and Public Comment
                        Period Begins

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                                      17                OSWER Directive 9650.9
123                     Public Comment Period Closes

124                     Public Hearing (If Necessary)

131                     UST Program Manager Distributes Public Comments To the
                        Review Team and the State Program Contact

138                     UST Program Manager Meets With State Program Contact
                        To Discuss Additional Information Needed to Respond To
                        Public Comments

145                     Review Team Meets To Discuss and Draft Agency Response
                        To Public Comments

148                     UST Program Manager Briefs Regional Administrator and
                        Division Director On Issues and Recommendations For
                        Final Determination; Meets With the State Agency
                        Director and State Program Contact As Necessary

156                     Regional Administrator Makes Final Determination and
                        Notifies Division Director, UST Program Manager, and
                        State Agency Director

162                     Regional Staff Complete Final Action Memo and Federal
                        Register Notice of Final Determination, and Obtain
                        Regional Administrator's Signature
169                     Publish Federal Register Notice of Final Determination

VI.   CODIFICATION OF APPROVED STATE PROGRAMS

      Codification is the process of placing a rule in the Code of Federal
Regulations (CFR).   EPA codifies approved State UST programs to identify the
specific elements of the State program that are RCRA Subtitle I requirements.
The codification of State programs should substantially enhance the public's
ability to discern the current status of the approved State program.  This
will be particularly true as States adopt additional Federal requirements or
revise their approved UST programs,

      Normally, the,' CFR publication requirements necessitate reprinting the
State statute and regulations that EPA has approved.  Federal law, however,
allows EPA to meet these requirements by "incorporating by reference"
materials published elsewhere.  The effect of incorporation by reference is
that the incorporated material has the same legal effect as if it were
published in full in the CF.l.  The approved State laws and regulations, in
addition to being reference'.! in the CFR,  are actually on file at the Office of
the Federal Register (OFR) and at EPA offices and are available to the public.

      The entire approved State UST program is codified.  The codified
elements are:

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                                      18                OSWER Directive 9650.9
      a     State statute;

      n     State regulations;

      n     Attorney General's Statement;

      a     Memorandum of Agreement; and

      D     Program Description.

Although all of these elements are codified, only the State statute and
regulations are incorporated by reference.  This is because EPA will only
enforce those statutes and regulations against the regulated community.
However, State enforcement authorities contained in those statutes and
regulations are codified but not incorporated by reference since EPA uses its
own authorities to enforce approved State requirements.   The model
codification notices in Appendix C provide a clear example of this
distinction.

      Codification of the State approval documents (other than statutes and
regulations) is accomplished by referencing each document's title, and date,
if it is a signed document.

      Appendix C contains two model codification notices.  Model A is
applicable to tentative and final determinations on initial State program
approval decisions.  Model B is an immediate final rulemaking notice
applicable to revisions to approved State programs.

      Headquarters has submitted a Federal Register notice to reserve Part 282
for codification of approved State UST programs.  The Appendix C also contains
a list of the sections within Part 282 that have been specifically reserved
for each of the 56 States and Territories.  The Regions should use this list
to identify the sections of Part 282 that should be included in their
codification notices.
VII.  ADMINISTRATIVE RECORDS FOR STATE PROGRAM APPROVAL DECISIONS

      Purpose of the Record.  The Regions must maintain an administrative
record for each State program approval decision.  The administrative record is
simply a compilation of materials considered or relied upon by the Agency in
making an administrative decision, for example, a tentative or final state
program approval decision.  The purpose of an administrative record is to
assist the Agency decision makers in considering the basis for proposed Agency
action, and to provide a basis upon which the Agency can defend,  and a court
can review, the final administrative decision.  The record also provides the
public with background information regarding the Agency's rulemaking.

      Content of the Record.  Internal communications, (for example, comments
received from within the Region, other Regional offices,  or Headquarters), are
generally not part of the administrative record.  However, formal guidance

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                                      19                OSWER Directive 9650.9
documents or policy directives from Headquarters or memoranda providing
factual information upon which a decision is based may be part of the record.
Note that when EPA-generated information is part of the record, it generally
must be made available to the public as part of the tentative decision in
order to avoid notice-and-comment problems.  Note that communications between
the State and EPA are not internal deliberations and should be treated as any
non-EPA comments.  Draft documents are also generally not part of the record
unless they contain information that formed a basis for the state program
approval decision and are not superceded by a final document.

      The administrative record for state program approval decisions should
contain all non-EPA comment's received during the public comment period.  In
addition, the Regions should document any significant non-EPA comments,
whether or not received during the comment period, if they provide information
upon which state program approval decisions are based.

      The following list of documents is provided as guidance in establishing
the administrative record:

      •     Pre-application materials: including correspondence
            between EPA and the State relevant to the tentative
            decision, and significant EPA comments to the State on
            pre-application materials.

      •     The State program approval application and any
            subsequent State submission for consideration in the
            approval process.

      •     The Federal Register notice setting forth the
            tentative decision and any supporting materials.

The items listed above constitute the administrative record for the tentative
decision and form the basis for public comment on -the proposed approval.   The
following documents should be added to the Docket because they are part of the
Agency's administrative record on the State program approval.

      n     Public comments on the tentative decision, both
            written and oral.  Oral communications should be
            documented for the record.

      n     EPA responses to public comments on the tentative
            decision.

      n     The Federal Register notice setting forth the final
            State program approval decision and any supporting
            materials.

The Office of Regional Counsel can answer questions concerning what materials
should be included in the record for state program approval decisions.
Additional guidance on establishing an administrative record, also known as a
docket, can be found in the UST Regulatory Docket Procedures Manual.

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APPENDICES

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Guidance on Preparing £R
         Notices

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                                        OSWER Directive 9650.9
                  APPENDIX A





GUIDANCE ON PREPARING FEDERAL REGISTER NOTICES

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                                      A-l                OSWER Directive 9650.9
                GUIDANCE ON PREPARING FEDERAL REGISTER NOTICES
      This appendix provides guidance on publishing a document in the Federal
Register.  In addition, the appendix contains model Federal Register notices
for State program approval.  These models have been prepared in Federal
Register format for your convenience.

      In preparing a document for publication in the Federal Register, the
author(s) must observe several important formatting and editing
specifications.  The following sections outline and explain the most important
of these document guidelines.
I.  Federal Register Checklist

      Each Federal Register package must include a completed Federal Register
checklist.  This two-page form consists of "yes" or "no" questions concerning
the document's compliance with the following format and content requirements:

                  Billing code information;
                  Headings (e.g., Agency name, CFR Part, subject);
                  Preamble requirements (e.g., summary of proposed action,
                  addresses for public comment, supplementary analysis);
                  Words of issuance;
                  Regulatory text;
                  Signature; and
                  Consecutive page numbers.

      All submissions to the Federal Register must also fulfill the following
lay-out specifications:

                  Bond paper of legible photocopy (8-1/2" x 11");
                  Single-sided copies;
                  One-inch margins from top,  bottom,  and right sides;  1-1/2-
                  inch margin from left side;
                  Double-spaced text;
                  Typed name and title of signing official, ink signature;
                  Deliver three originals with ink signatures; the signature
                  may not appear on a page by itself;  and
                  Page numbers must be consecutive and appear at the bottom of
                  the page.

      A sample Federal Register checklist is included in this appendix.

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                                     A-2                OSWER Directive 9650.9
II.  Typesetting Request

      This one-page form (EPA Form 2340-15) includes the financial data and
the approximate cost of typesetting a document submitted for publication in
the Federal Register.  The Management Division Director may require certain
signatures on this form.  Data on the following items are also required:
                  Title of rule;
                  Number of manuscript pages;
                  Number of columns;
                  Estimated cost;  and
                  Financial data.

      The approximate cost is $125.00 per column and $375.00 per page in the
Federal Register.  A sample typesetting request form is included in this
appendix along with instructions  for completing the form.
III.  Expedited Printing Request

      If a document must be published promptly in order to meet statutory
deadlines, the author(s) may submit an expedited printing request.   This form
is a letter requesting publication of the document at the earliest possible
date or prior to a certain date, and must also justify the reason for the
request.  The workgroup chairman should submit the letter to the Director of
the Executive Agencies Division at the Office of the Federal Register (Attn:
Martha Girard; The Office of the Federal Register; National Archives and
Records Services, GSA; Washington, D.C.  20408; (202) 523-5240).

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Model ER Notices

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                            OSWER Directive 9650.9
      APPENDIX  B
APPROVAL DETERMINATIONS

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                                      B-l                OSWER Directive 9650.9







                      Tentative Determination To Approve




                        (Model  Federal Register  Notice)









ENVIRONMENTAL PROTECTION AGENCY




40 CFR Part 281




(Insert name of State); Final Approval of State Underground Storage Tank




Program




AGENCY:     Environmental Protection Agency




ACTION:     Notice of Tentative Determination on Application of State X for




            Final Approval, Public Hearing and Public Comment Period.









SUMMARY:  State X has applied for final approval of its underground storage




tank program under Subtitle I of the Resource Conservation and Recovery Act




(RCRA).  The Environmental Protection Agency (EPA) has reviewed State X's




application and has made the tentative decision that State X's underground




storage tank program satisfies all of the requirements necessary to qualify




for final approval.  Thus, EPA intends to grant final approval to the State to




operate its program.  State X's application for final approval is available




for public review and comment and a public hearing will be held to solicit




comments on the application, if requested.









DATES:  A public hearing is scheduled for (insert date of hearing, at least 30




calendar days after date of publication in FR).   State X will participate in




the public hearing held by EPA on this subject.   All comments on State X's

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                                      B-2                OSWER Directive 9650.9



final approval application must be received by the close of business on


(insert date at least 30 calendar days after date of publication in FR).




ADDRESSES:  Copies of State X's final approval application are available


during (insert business hours) at the following addresses for inspection and


copying:  (insert appropriate State addresses); U.S. EPA Headquarters Library,


PM 211A, 401 M Street, S.W., Washington, B.C. 20460, Phone:  202/382-5926; and


U.S. EPA Region (insert Region number),  Library, (insert the address, phone


number, and contact).  Written comments should be sent to (insert name,


address, and phone number of Regional contact).  EPA will hold the public
   •

hearing on (insert date, time, and location of hearing).




FOR FURTHER INFORMATION CONTACT: '(Insert name, address, and phone number of


the appropriate Regional contact.)




SUPPLEMENTARY INFORMATION:


A.    Background

      Section 9004 of the.Resource Conservation and Recovery Act (RCRA)


enables EPA to approve State underground storage tank programs to operate in


the State in lieu of the Federal underground storage tank (UST) program.   Two


types of approval may be granted.  The first type, known as "interim


approval", is a temporary approval which is granted if EPA determines that the


State program is "no less stringent" than the Federal program (Section


9004(b)(2), 42 U.S.C. 6991c(b)(2)) in the following elements:   corrective


action; financial responsibility; and new tank standards.  While operating

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                                      B-3                OSWER Directive  9650.9






 under interim approval,  the State may complete development of "no less




 stringent"  standards  for the following elements:   release detection;  release




•detection recordkeeping;  reporting of releases and corrective action and tank




 closure.









       The second type of approval is a "final approval"  that is  granted  by EPA




 if the Agency finds  that the State program:   (1)  is "no  less stringent"  than




 the Federal program  in all seven elements,  and includes  notification




 requirements of section 9004(a)(8) 42 U.S.C.  6991c(a)(8);  and (2) provides for




 adequate  enforcement  of compliance with UST standards  (Section 9004(a),  42




 U.S.C.  6991(b)).









 B.     State X









 (Insert paragraph briefly describing the State's  approval history prior  to




 submission  of the "official" application.)









       On  	,  State X submitted an official application for final  approval.




 Prior to  its submission,  State X provided an opportunity for public  notice and




 comment in  the development of its underground storage  tank program.   This is




 required  under §281.50(b).   EPA has reviewed State X's application,  and  has




 tentatively determined that the State's program meets  all of the requirenents




 necessary to qualify  for final approval.  Consequently,  EPA intends  to giant




 final approval to State X to operate its program.

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                                      B-4                OSWER Directive 9650.9







      In accordance with Section 9004 of RCRA 42 U.S.C. 6991c and 40 CFR




281.50(e), the Agency will hold a public hearing on its tentative decision on




(insert date of hearing, at least 30 calendar days after date of publication




in FR) at (insert time and location of hearing).  The public may also submit




written comments on EPA's tentative determination until (insert date at least




30 calendar days after date of publication in FR).   Copies of State X's




application are available for inspection and copying at the location indicated




in the "Addresses" section of this notice.









(You may wish to insert a paragraph here that directs the public's attention




to certain issues.)









      EPA will consider all public comments on its tentative determination




received at the hearing or during the public comment period.  Issues raised by




those comments ms.y be the basis for a decision to deny final approval to State




X.  EPA expects to make a final decision on whether or not to approve State




X's program by [insert date 90 calendar days after date of publication in FR]




and will give notice of it in the FEDERAL REGISTER.  The notice will include a




summary of the reasons for the final determination and a response to all major




comments.









COMPLIANCE WITH EXECUTIVE ORDER 12291:  The Office of Management and Budget




has exempted this rule from the requirements of Section 3 of Executive Order




12291.

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                                      B-5                OSWER Directive 9650.9







CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT:  Pursuant to the




provisions of 5 U.S.C. 605(b), I hereby certify that this approval will not




have a significant economic impact on a substantial number of small entities.




The approval effectively suspends the applicability of certain Federal




regulations in favor of State X's program, thereby eliminating duplicative




requirements for owners and operators of underground storage tanks in the




State.  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 281:  Administrative Practice and Procedure,




Hazardous Materials, State Program Approval, and Underground Storage Tanks.









AUTHORITY:  This notice is issued under the authority of Sections 2002(a),




7004(b), and 9004 of the Solid Waste Disposal Act as amended 42 U.S.C.




6912(a), 6926, 6974(b).
                                       Regional Administrator
Dated:

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                                      B-6                OSWER Directive 9650.9
                        Final Determination To Approve




                        (Model  Federal  Register Notice)









ENVIRONMENTAL PROTECTION AGENCY




40 CFR PART 281




(Insert name of State);  Final Approval of State Underground Storage Tank




Program




AGENCY:     Environmental Protection Agency




ACTION:     Notice of Final Determination on State X's Application for Final




            Approval.









SUMMARY:  State X has applied for final approval -of its underground storage




tank program under Subtitle I of the Resource Conservation and Recovery Act




(RCRA).  Environmental Protection Agency (EPA) has reviewed State X's




application and has reached a final determination that State X's underground




storage tank program satisfies all of the requirements necessary to qualify




for final approval.  Thus, EPA is granting final approval to State X to




operate its program.









EFFECTIVE DATE:  Final approval for State X shall be effective at 1:00 pm on




[insert date 30 days after the date of publication in the FEDERAL REGISTER].









FOR FURTHER INFORMATION CONTACT:  (Insert name, address, and phone number of




the appropriate Regional contact.)

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                                      B-7                OSWER Directive 9650.9






SUPPLEMENTARY INFORMATION:




A.    Background




      Section 9004 of the Resource Conservation and Recovery Act (RCRA)




enables the Environmental Protection Agency (EPA) to approve State underground




storage tank programs to operate in the State in lieu of the Federal




underground storage tank program.  To qualify for final authorization, a




State's program must:  (1) be "no less stringent" than the Federal program;




and (2) provide for adequate enforcement (Sections 9004(a) and 9004(b) of




RCRA,  42 U.S.C. 6991c(b)).









      On (insert date), State X submitted an official application to obtain




final approval to administer the underground storage tank program.   On (insert




date),  EPA published a tentative decision announcing its intent to grant State




X final approval.  Further background on the tentative decision to grant




approval appears at 	 FR 	,  (insert date).









      Along with the tentative determination EPA announced the availability of




the application for public comment and the date of a public hearing on the




application.  The public hearing was held on (insert date of public hearing).









(Insert discussion on public comments received and the response to those




comments.  Additionally, in the case of a tentative decision requiring a State




to make changes in order to be approved, insert discussion of the needed




changes for approval and what the State agreed to do to be approved.)

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                                      B-8               OSWER Directive' 9650.9







(Insert discussion of any different or additional procedural steps during the




approval process.  For example, the State may have held an additional public




hearing on a portion of its program which was substantially modified




subsequent to the initial State public hearing.)









(Insert discussion which describes any major portions of the State's program




which are not part of the underground storage tank program; e.g., any major




State requirements that are broader in scope than Federal requirements.)









(Insert a discussion of any portion of the UST program that will continue to




be regulated by EPA as a result of partial program approval or unregulated




segments of the tank universe.)









(Insert a statement as to whether or not the State is being approved to




operate the underground storage tank program on Indian lands.)









B.    Decision




      After reviewing the public comments and the changes the State has made




to its application and program since the tentative decision, I conclude that




State; X's application for final approval meets all of the statutory and




regulatory requirements established by Subtitle I of RCRA.  Accordingly, State




X is granted final approval to operate its underground storage tank program.




State X now his the responsibility for managing underground storage tank




facilities within its borders and carrying out all aspects of the UST program




except [note any areas where EPA will have continued regulatory authority].

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                                     B-9                OSWER Directive 9650.9







State X also has primary enforcement responsibility,  although EPA retains the




right to conduct inspections under Section 9005 of RCRA 42 U.S.C. 6991d and to




take enforcement actions under Section 9006 of RCRA 42 U.S.C. 6991e.









COMPLIANCE WITH EXECUTIVE ORDER 12291:   The Office of Management and Budget




has exempted this rule from the requirements of Section 3 of 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 approval will not




have a significant economic impact on a substantial number of small entities.




This approval effectively suspends the applicability of certain Federal




regulations in favor of State X's program, thereby eliminating duplicative




requirements for owners and operators of underground storage tanks in the




State.  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 281:  Administrative Practice and Procedure,




Hazardous Materials, State Program Approval and Underground Storage Tanks.

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                                     B-10               OSWER Directive 9650.9






AUTHORITY:  This notice is issued under the authority of Section 2002(a),




7004(b), and 9004 of the Solid Waste Disposal Act as amended 42 U.S.C.




6912(a), 6974(b), and 6991(c).
                                          Regional Administrator




Dated:

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Model Codification Notices

-------
                                    OSWER Directive 9650.9
              APPENDIX  C




CODIFICATION OF APPROVED STATE PROGRAMS

-------
                                     C-l                OSWER Directive 9650.9
                      Proposed/Final Codification Notice

                     Codifying  Initial Program Approvals

                        (Model Federal Register Notice)
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

UNDERGROUND STORAGE TANK PROGRAM:   CODIFICATION OF APPROVED STATE UNDERGROUND
STORAGE TANK PROGRAM FOR [insert name of State]

AGENCY:  Environmental Protection Agency

ACTION:  Proposed/Final Rule
SUMMARY:  The Resource Conservation and Recovery Act of 1976 as amended (RCRA)

authorizes the U.S.  Environmental Protection Agency (EPA) "to grant approval to

States to operate their underground storage tank programs in lieu of the

Federal program.   40 CFR Part 282 codifies EPA's approval of State programs

and incorporates  by reference those provisions of the State statutes and

regulations that  EPA will enforce under Sections 7003,  9005, and 9006 of RCRA

42 U.S.C. 6973, 6991d, and 6991e.  This [[proposal is to codify] or [rule

codifies]] the approved underground storage tank program of [insert name of

State] in Part 282.



DATES:   [For proposed rule:   Comments on the proposed codification of [insert

State name] approved program must be received by the close of business [insert

date 30 days after publication]].  [For final rule:  The codification is

effective  [insert date 30 days after publication].  The incorporation by

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                                      C-2                OSWER Directive 9650.9







reference of certain statutes and regulations was approved by the Director of




the Federal Register in accordance with 5 U.S.C. 552(a).









[ADDRESSES:  For proposed rule:  Written comments should be sent to [insert




name, address, and telephone number of the appropriate Regional contact]].









FOR FURTHER INFORMATION CONTACT:  [Insert name, address, and telephone number




of the appropriate Regional contact].









SUPPLEMENTARY INFORMATION:




Background




      Section 9004 of the Resource Conservation and Recovery Act of 1976, as




amended, (RCRA),  42 U.S.C. 6991, allows the 'U.S. Environmental Protection.




Agency (EPA) to approve State underground storage tank programs to operate in




the State in lieu of the Federal underground storage tank program.  On [insert




date of final determination], EPA published a Federal Register notice




announcing its decision to grant approval to [insert State name].  (See 	




FR 	) .









      EPA codifies its approval of State programs in Part 282 of Title 40,




Code of Federal Regulations (CFR) and incorporates by reference therein the




State statutes and regulations that EPA will enforce under Sections 7003,




9005, and 9006 of RCRA 42 U.S.C. 6973, 6991d, and 6991e.  Today's [proposed]




codification reflects the State program in effect at the time EPA grants

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                                      C-3                OSWER Directive 9650.9


[insert State name] approval under Section 9004(a) 42 U.S.C. 6991c(a) for its

underground storage tank program.



      This effort provides clear notice to the public of the scope of the
      »
approved program in each State.  Revisions to State underground storage tank

programs are necessary when Federal statutory or regulatory authority is

modified.  By codifying the approved  [insert State name] program and by

amending the Code of Federal Regulations whenever a new or different set of

requirements is approved in [insert State name], the status of Federally

approved requirements of the [insert State name] program will be readily

discernible.



      The Agency will only codify for enforcement purposes those provisions, of

the [insert State name] underground storage tank program for which approval

has been granted by EPA.



      To codify the [insert State name] approved underground storage tank

program, EPA [[proposes to add] or [has added]] Subpart [  ] to Part 282 of

Title 40 of the CFR.  Subpart  [ ] has previously been reserved for [insert

State name].   [[As proposed, section, or [Section]] 282.	 [[will codify for

enforcement purposes or [codifies for enforcement purposes]] the State

statutes and regulations.   As proposed, Section, or [Section]]  282.	 [[will

codify or [codifies]]  the Memorandum of Agreement, the Attorney General's

Statement and the Program Description which are approved as part of the

underground storage tank program under Subtitle I of RCRA.]

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                                      C-4                OSWER Directive 9650.9






      The Agency retains the authority under Sections 7003, 9005, and 9006 of




RCRA 42 U.S.C. 6973, 6991d, and 6991e, to undertake enforcement actions in




approved States.  With respect to such an enforcement action, the Agency will




rely on Federal sanctions, Federal inspection authorities and the Federal




Administrative Procedure Act rather than the State approved analogs to these




requirements.  Therefore, the Agency does not intend to codify for purposes of




enforcement such particular, approved [insert State name] enforcement




authorities.  [Proposed] [S]ection 282	 lists those approved [insert State




name] authorities that would fall into this category.









      The public also needs to be aware that some provisions of the State's




underground storage tank program are not part of the Federally approved State




program.  These non-approved provisions are not part of the RCRA Subtitle I




program because they are "broader in scope" than Subtitle I of RCRA.  See 40




CFR §281.12(a)(3)(ii).   As a result, State provisions which are "broader in




scope" than the Federal program are not codified for purposes of enforcement




in Part 282.  Section 282.	 of the [proposed] codification simply lists for




reference and clarity the  [insert State name] statutory and regulatory




provisions which are "broader in scope" than the Federal program and which are




not, therefore,  part of the approved program [[proposed for codification] or




[being codified today]].   "Broader in scope" provisions will not be enforced




by EPA; the State, however, will continue to enforce such provisions.









       [If the State is approved for a partial program, or does not have




authority to implement requirements for certain segments of the tank universe

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                                      C-5                OSWER Directive 9650.9







(as discussed in the MOA),  please add language here to indicate that fact and




state that EPA is responsible for those portions of the program that have not




been approved.]









      The codification of approved State programs in the CFR should




substantially enhance the public's ability to discern the current status of




the approved State program and clarify the extent of Federal enforcement




authority.  This will be particularly true as States revise their approved




programs or additional Federal requirements.









Certification Under the Regulatory Flexibility Act




      Pursuant to the provisions of 5 U.S.C.  605(b), I hereby certify that




this action will not -have a significant economic impact on a substantial




number of small entities.  It [[proposes to codify] or [codifies]] the




decision already made to approve the  [insert State name] underground storage




program and has no separate effect on owners and operators of underground




storage tanks or upon small entities.  This rule, therefore, does not require




a regulatory flexibility analysis.









Compliance With Executive Order 12291




      The Office of Management and Budget has exempted this rule from the




requirements of Section 3 of Executive Order 12291.

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                                      C-6                OSWER Directive 9650.9







Paperwork Reduction Act




      Under the Paperwork Reduction Act, 44 U.S.C.  3501 et.  seq..  Federal




agencies must consider the paperwork burden imposed by any information request




contained in a proposed or final rule.  This rule will not impose any




information requirements upon the regulated community.









List of Subjects In 40 CFR Part 282




      Administrative practice and procedure, Hazardous materials,  Petroleum,




State program approval, and Underground storage tanks.
Dated:
Regional Administrator

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                                      C-7                OSWER Directive 9650.9




For the reasons set forth in the preamble, 40 CFR Part 282 is [proposed to be]


revised as follows:


PART 282 - APPROVED UNDERGROUND STORAGE TANK PROGRAMS






1.  The authority for Part 282 continues to read as follows:


      Authority:  Sections 2002, 9004, 9005, and 9006 of the Solid Waste


Disposal Act, as amended by the Resource Conservation and Recovery Act of


1976, as amended, 42 U.S.C. 6912, 6991(c), (d),  and (e)).






2.  The table of contents for Part 282 is revised to read as follows:


      SUBPART [insert appropriate letter(s) and appropriate numbers] - State


name






      282.	  State Approval


      282.	  State-Administered Program


      282.	 - 282.	   [Reserved]






3.  40 CFR Part 282, Subpart [insert appropriate letter and appropriate


numbers] is amended to read as follows:
                                                                          t

      282.	  State Approval


      (a)   The State of [insert State name] is approved to


            administer and enforce an underground storage tank


            program in lieu of the Federal program under Subtitle


            I of the Resource Conservation and Recovery Act of


            1976 (RCRA) , 42 U.S.C. 6991 et. sea.., subject to the

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                               C-8                OSWER Directive  9650.9







      Hazardous  and Solid Waste Amendments  of 1984 (HSWA),




      (P.L.  98-616,  November 8,  1984),  42 U.S.C.  6991  (c),




      (d),  and (e)).   The Federal program for which a  State




      may  receive approval is defined in 40 CFR Part 281.




      The  State's program,  as administered  by the [insert




      State lead agency]  was approved by EPA pursuant  to 42




      U.S.C.  6991 (c)  and Part 281 of this  Chapter.  EPA's




      approval was effective on [insert appropriate Federal




      Register reference].









(b)    [Insert State name]  has primary responsibility for




      enforcing  its underground storage tank program.




      However, EPA retains the•authority to exercise its




      enforcement authorities under Sections 9005 and  9006




      of RCRA, 42 U.S.C.  6991c and 6991d, as well as under




      other Federal laws  and regulations.









(c)    [Insert State name]  must revise its approved program




      to adopt new changes to the Federal Subtitle I program




      in accordance with  Section 9004 of RCRA 42 U.S.C.




      6991c,  and 40 CFR Part 281, Subpart E.  If [insert




      State name] obtains approval for the  revised




      requirements pursuant to Section 9004 42 U.S.C.  6991c,




      the  newly  approved  provisions will be listed in




      §281.	 of this  Subpart.

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                                     C-9                OSWER Directive 9650.9






      282.	  State-Administered Program:  Final Approval Pursuant to




Section 9004 of RCRA,  42 U.S.C.  6991c:









      [Insert State name] has final approval for the following elements




submitted to EPA in [insert State name]  program application for final approval




and approved by EPA on [insert Federal  Register date of final approval.]









      (a)   State Statute and Regulations.   (1)  The requirements




            in the [insert State name]  statutes and regulations




            cited in this paragraph are incorporated by reference




            and codified as part of the underground storage tank




            program under Subtitle I of RCRA,  42 U.S.C.  6991 et.




            seq.  This incorporation by reference was approved by




            the Director of the  Federal Register in accordance




            with 5 U.S.C. 552 (a).









            (i)   [Insert reference for statutory




                  authorities that are  part of the approved




                  program under  Subtitle I  of RCRA.]




            (ii)  [Insert reference for underground storage




                  tank rules that are part  of the approved




                  program under  Subtitle I  of RCRA.]

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                               C-10               OSWER Directive 9650.9







(2)    The following statutes and regulations,  although not




      codified herein for enforcement purposes,  are part of




      the approved State program.




      (i)   [Insert reference for statutory




            authorities that are not to be




            incorporated by reference but are  part of




            the approved program.]




      (ii)   [Insert reference for regulations  that are




            not to be incorporated by reference  but




            are part of the approved program under




            Subtitle I of RCRA.]









(3)    The following statutory and regulatory provisions -are




      broader in scope than the Federal program,  are not




      part of the approved program, and are not  codified




      herein for enforcement purposes.









      (i)   [Insert statutory provisions,  if any,  that




            are broader in scope.]




      (ii)   [Insert regulatory provisions, if  any,




            that are broader in scope.]









(b)    Memorandum of Agreement.  The Memorandum of Agreement




      between EPA Region 	 and the [insert  State lead




      agency],  signed by the EPA Regional Administrator on

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                                     C-ll               OSWER Directive 9650.9



            [insert appropriate date]  is  codified as  part of the


            approved underground storage  tank program under


            Subtitle I of RCRA, 42  U.S.C.  6991 et.  seq.   [Insert


            language describing any portions  of the program which
                        •

            EPA will retain authority,  e.g.,  partial  program or


            uncovered segment of the tank universe.]




      (c)    Statement of Legal Authority.   (1) "Attorney General's


            Statement for Final Approval",  signed by  the Attorney


            General of [insert State name]  on [insert appropriate


            date]  is codified as part of  the  approved underground


            storage tank program under Subtitle I of  RCRA,  42


            U.S.C.  6991 et.  sea.




      (2)    Letter  from the Attorney General  of [insert  State


            name]  to EPA, [insert appropriate date] is codified as


            part of the approved underground  storage  tank program


            under Subtitle I of RCRA,  42  U.S.C.  6991  et.  seq.




      (d)    Program Description. The program description and any


            other material submitted as part  of the original


            application or as supplements thereto are codified as


            part of the approved underground  storage  tank program


            under Subtitle I of RCRA,  42  U.S.C.  6991  et.  seq.


282.       -  282.        Reserved

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                                     C-12               OSWER Directive 9650.9


           Immediate Final Codification Notice for Program Revisions

                          Codifying Program Revisions

                        (Model Federal  Register Notice)



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

UNDERGROUND STORAGE TANK PROGRAM:  CODIFICATION OF APPROVED STATE UNDERGROUND
STORAGE TANK PROGRAM FOR  [insert name of State]

AGENCY:  Environmental Protection Agency

ACTION:  Immediate Final Rule



SUMMARY:  The Resource Conservation and Recovery Act of 1976 as amended (RCRA)

authorizes the U.S. Environmental Protection Agency (EPA) to grant approval to

States to operate their underground storage tank programs in lieu of the

Federal program.  40 CFR Part 282 codifies EPA's prior approval of State

programs and incorporates by reference those provisions of the State statutes

and regulations that EPA will enforce under Sections 9005 and 9006 of RCRA 42

U.S.C. 6991d and 6991e.  Thus, EPA intends to codify the approved underground

storage tank program of [insert name of State] in Part 282.



DATES:  The codification of [insert State name] approved underground storage

tank program shall be effective  [insert date 60 days after publication] unless

EPA publishes a prior Federal Register action withdrawing this immediate final

rule.  All comments on the codification of approved program of [insert State

name] must be received by the close of business [insert date 30 days after

publication].   The incorporation by reference of certain statutes and

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                                     C-13               OSWER Directive 9650.9






regulations was approved by the Director of the Federal Reeister in accordance




with 5 U.S.C. 552(a).









ADDRESSES:  Written comments should be sent to  [insert name, address, and




telephone  number of the appropriate Regional contact].









FOR FURTHER INFORMATION CONTACT:   [Insert name, address, and telephone number




of the appropriate Regional contact].









SUPPLEMENTARY INFORMATION:




Background




      Section 9004 of the Resource Conservation and Recovery Act of 1976, as




amended,  (RCRA),  42 U.S.C. 6991, allows the U.S. Environmental Protection




Agency (EPA) to approve State underground storage tank programs to operate in




the State in lieu of the Federal underground storage tank program.  On [insert




date of final determination],  EPA published a Federal Register notice




announcing its decision to grant approval to [insert State name].  (See 	




FR 	) .









      EPA codifies its approval of State programs in Part 282 of Title 40,




Code of Federal Regulations (CFR) and incorporates by reference therein the




State statutes and regulations that EPA will enforce under Sections 7003,




9005, and 9006 of RCRA 42 U.S.C. 6973, 6991d, and 6991e.  The intended




codification reflects the State program in effect at the time EPA grants

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                                     C-14               OSWER Directive 9650.9







[insert State name] approval under Section 9004(a) 42 U.S.C. 6991c(a) for its




underground storage tank programs.









      This effort provides clear notice to the public of the scope of the




approved program in each State.   Revisions to State underground storage tank




programs are necessary when Federal statutory or regulatory authority is




modified.  By codifying the approved [insert State name] program and by




amending the Code of Federal Regulations whenever a new or different set of




requirements is approved in [insert State name],  the status of Federally




approved requirements of the [insert State name]  program will be readily




discernible.









      The Agency will only codify for enforcement purposes those provisions of




the [insert State name] underground storage tank program for which approval




has been granted by EPA.









      To codify the [insert State name] approved underground storage tank




program, EPA intends to add Subpart [ ] to Part 282 of Title 40 of the CFR.




Subpart  [ ] has previously been reserved for [insert State name].   Section




282.	 intends to codify for enforcement purposes the State statutes 'and




regulations.   Section 282.	 codifies the Memorandum of Agreement, the




Attorney General's Statement and the Program Description which are part of the




approved underground storage tank program under Subtitle I of RCRA.

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                                     C-15               OSWER Directive 9650.9







      The Agency retains the authority under Sections 7003, 9005, and 9006 pf




RCRA 42 U.S.C. 6973, 6991d, and 6991e to undertake enforcement actions in




approved States.  With respect to such an enforcement action, the Agency will




rely on Federal sanctions, Federal inspection authorities and the Federal




Administrative Procedure Act rather than the State authorized analogs to these




requirements.  Therefore, the Agency does not intend to codify for purposes of




enforcement such particular, approved [insert State name] enforcement




authorities.  [Proposed] [S]ection 282	 lists those approved  [insert State




name] authorities that would fall into this category.









      The public also needs to be aware that some provisions of the State's




underground storage tank program are not part of the Federally approved State




program.  These non-approved provisions are not part of the RCRA Subtitle I




program because they are "broader in scope" than Subtitle I of RCRA.  See 40




CFR §281.12(a)(3)(ii).   As a result, State provisions which are "broader in




scope" than the Federal program are not codified for purposes of enforcement




in Part 282.  Section 282.	 of the intended codification simply lists for




reference and clarity the [insert State name] statutory and regulatory




provisions which are "broader in scope" than the Federal program and which are




not, therefore, part of the approved program being codified.  "Broader in




scope" provisions will not be enforced by EPA; the State, however, will




continue to enforce such provisions.









      The codification of approved State programs in the CFR should




substantially enhance the public's ability to discern the current status of

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                                     C-16               OSWER Directive 9650.9






the approved State program and clarify the extent of Federal enforcement




authority.  This will be particularly true as States revise their approved




programs or adopt additional Federal requirements.

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                                     C-17               OSWER Directive 9650.9







Certification Under the Regulatory Flexibility Act




      Pursuant to the provisions of 5 U.S.C.  605(b),  I hereby certify that




this action will not have a significant economic impact on a substantial




number of small entities.  It intends to codify the decision already made to




authorize the [insert State name] program and has no separate effect on owners




and operators of underground storage tanks or upon small entities.   This rule,




therefore, does not require a regulatory flexibility analysis.









Compliance With Executive Order 12291




      The Office of Management and Budget has exempted this rule from the




requirements of Section 3 of Executive Order  12291.









Paperwork Reduction Act




      Under the Paperwork Reduction Act., 44  U.S.C. 3501 et.  seq..  Federal




agencies must consider the paperwork burden imposed by any information request




contained in a proposed or final rule.  This  rule will not impose  any




information requirements upon the regulated community.









List of Subjects In 40 CFR Part 282




      Administrative practice and procedure,  Hazardous materials,  Petroleum,




State program approval, and Underground storage tanks.






Dated:
Regional Administrator

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                                     C-18               OSWER Directive 9650.9






For the reasons set forth in the preamble, 40 CFR Part 282 is [proposed to be]




revised as follows:




PART 282 - APPROVED UNDERGROUND STORAGE TANK PROGRAMS









1.  The authority for Part 282 continues to read as follows:




      Authority:  Sections 2002, 9004, 9005, and 9006 of the Solid Waste




Disposal Act, as amended by the Resource Conservation and Recovery Act of




1976,  as amended, 42 U.S.C. 6912, 6991(c), (d),  and (e)).









2.  The table of contents for Part 282 is revised to read as follows:




      SUBPART [insert appropriate letter(s) and appropriate numbers] - State




name









      282.	  State Approval




      282.	  State-Administered Program




      282.	 - 282.	   [Reserved]









3.  40 CFR Part 282, Subpart [insert appropriate letter and appropriate




numbers] is amended to read as follows:




      282.	  State Approval




      (a)   The State of [insert State name] is  approved to




            administer and enforce an underground storage tank




            program in lieu of the Federal program under Subtitle




            I of the Resource Conservation and Recovery Act of




            1976 (RCRA), 42 U.S.C. 6991 et. seq..  subject to the

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                               C-19               OSWER Directive 9650:9






      Hazardous and Solid Waste Amendments of 1984 (HSWA),




      (P.L.  98-616,  November 8,  1984),  42 U.S.C.  6991 (c),




      (d),  and (e)).   The Federal program for which a State




      may  receive approval is defined in 40 CFR Part 281.




      The  State's program,  as administered by the [insert




      State lead agency]  was approved by EPA pursuant to 42




      U.S.C.  6991 (c)  and Part 281 of this Chapter.   EPA's




      approval was effective on [insert appropriate Federal




      Register reference].









(b)    [Insert State  name]  has primary responsibility for




      enforcing its  underground storage tank program.




      However, EPA retains the authority to exercise its




      enforcement authorities under Sections 9005 and 9006




      of RCRA, 42 U.S.C.  6991d and 6991e,  as well as under




      other Federal  laws  and regulations.









(c)    [Insert State  name]  must revise its approved program




      to adopt new changes to the Federal Subtitle I program




      in accordance  with  Section 9004 of RCRA 42  U.S.C.




      6991c and 40 CFR Part 281,  Subpart E.   If [insert




      State name] obtains approval for the revised




      requirenents pursuant to Section 9004 42 U.S.C.  6991c,




      the  newly approved  provisions will be listed in




      §281.	 of this  Subpart.

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                                     C-20               OSWER Directive 9650.9



      282.	  State-Administered Program: Final Approval Pursuant to

Section 9004 of RCRA, 42 U.S.C. 6991c.

      [Insert State name] has final approval for the following elements

submitted to EPA in [insert State name] program application for final approval
                                                                       »
and approved by EPA on [insert Federal Register date of final approval.]




      (a)   State Statute and Regulations.  (1)  The requirements

            in the [insert State name] statutes and regulations

            cited in this paragraph are incorporated by reference

            and codified as part of the underground storage tank

            program under Subtitle I of RCRA, 42 U.S.C. 6991 et.

            seq.   This incorporation by reference was approved by

            the Director of the Federal Register in accordance

            with 5 U.S.C. 552 (a).




            (i)   [Insert reference for statutory

                  authorities that are part of the approved

                  program under Subtitle I of RCRA.]

            (ii)   [Insert reference for underground storage

                  tank rules that are part of the approved

                  program under Subtitle I of RCRA.]




      (2)   The following statutes and regulations, although not

            codified herein for enforcement purposes, are part of

            the approved State program.

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                               C-21               OSWER Directive 9650.9






      (i)    [Insert reference for statutory




            authorities that are not to be




            incorporated by reference but are part of




            the approved program.]




      (ii)   [Insert reference for regulations that are




            not to be incorporated by reference but




            are part of the approved program under




            Subtitle I of RCRA.]









(3)    The  following statutory and regulatory provisions are




      broader in scope than the  Federal program,  are not




      part of the approved program,  arvd are not codified




      herein for enforcement purposes.




      (i)    [Insert statutory provisions,  if any,  that




            are broader in scope.]




      (ii)   [Insert regulatory provisions,  if any,




            that are broader in  scope.. ]









(b)    Memorandum of Agreement.   The Memorandum of Agreement




      between EPA Region 	 and the [insert State lead




      agency],  signed by the EPA Regional Administrator on




      [insert appropriate date]  is  codified as part of the




      approved underground storage  tank program under




      Subtitle I of RCRA, 42 U.S.C.  6991 et.  seq.

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                                     C-22               OSWER Directive 9650.9



      (c)   Statement of Legal Authority.  (1)  "Attorney General's


            Statement for Final Approval",  signed by the Attorney


            General of [insert State name]  on [insert appropriate


            date]  is codified as part of the approved underground


            storage tank program under Subtitle I of RCRA,  42


            U.S.C.  6991 et.  seq.




      (2)   Letter from the  Attorney General of [insert State


            name]  to EPA,  [insert appropriate date]  is codified as


            part of the approved underground storage tank program
                                                        *

            under Subtitle I of RCRA,  42 U.S.C.  6991 et. seq.




      (d)   Program Description.  The program description and any


            other material submitted as part of the  original


            application or as supplements thereto are codified as


            part of the approved underground storage tank program


            under Subtitle I of RCRA,  42 U.S.C.  6991 et. seq.


282.       - 282.        Reserved

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                                     C-23               OSWER Directive 9650.9






             CFR REFERENCE FOR CODIFICATION OF STATE UST PROGRAMS




PART 282




Subpart B - Alabama




282.59-282.99




Subpart C - Alaska




282.100-282-149




Subpart D - Arizona




282.150-282.199




Subpart E - Arkansas




282.200-282.249




Subpart F - California




282.250-282.299




Subpart G - Colorado




282.300-282.349




Subpart H - Connecticut




282.350-282.399




Subpart I - Delaware




282.400-282.449




Subpart J - District of Columbia




282.450-499




Subpart K - Florida




282.500-282.549




Subpart L - Georgia




282.550-599

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                                     C-24               OSWER Directive 9650.9
Subpart M - Hawaii




282.600-282.649




Subpart N - Idaho




282.650-282.699




Subpart 0 - Illinois




282.700-282.749




Subpart P - Indiana




282.750-282.799




Subpart Q - Iowa




282.800-282.849




Subpart R - Kansas




282.850-282.899




Subpart S - Kentucky




282.900-282.949




Subpart T - Louisiana




282.950-282.999




Subpart U - Maine




282.1000-282.1049




Subpart V - Maryland




282.1050-282.1099




Subpart W - Massachusetts




282.1100-282.1149




Subpart X - Michigan




282.1150-282.1199

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                                     C-25               OSWER Directive  9650.9
Subpart Y - Minnesota

282.1200-282.1249

Subpart Z - Mississippi

282.1250-282.1299
            »
Subpart AA - Missouri

282.1300-1349

Subpart BB - Montana

282.1350-282.1399

Subpart CC - Nebraska

282.1400-282.1449

Subpart DD - Nevada

282.1450-282.1499

Subpart EE - New Hampshire

282.1500-282.1549

Subpart FF - New Jersey

282.1550-282.1599

Subpart GG - New Mexico

282.1600-282.1649

Subpart HH - New York

282.1650-282.1699

Subpart II - North Carolina

282.7000-282.1749

Subpart JJ - North Dakota

282.1750-282.1799

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                                     C-26               OSWER Directive 9650.9
Subpart KK - Ohio




282.1800-282.1849




Subpart LL - Oklahoma




282.1850-282.1899




Subpart MM - Oregon




282.1900-282.1949




Subpart NN - Pennsylvania




282.1950-282.1999




Subpart 00 - Rhode Island




282.2000-282.2049




Subpart PP - South Carolina




282.2050-282.2099




Subpart QQ - South Dakota




282.2100-282.2149




Subpart RR - Tennessee




282.2150-282.2199




Subpart SS - Texas




282.2200-282.2249




Subpart TT - Utah




282.2250-282.2299




Subpart UU - Vermont




282.2300-282.2349




Subpart VV - Virginia




282.2350-282.2399

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                                     C-27               OSWER Directive 9650.9
Subpart WW - Washington




282-2400-282.2449




Subpart XX - West Virginia




282.2450-282.2499




Subpart YY - Wisconsin




282.2500-282.2549




Subpart ZZ - Wyoming




282.2550-282.2599




Subpart AAA - Guam




282.2600-282.2649




Subpart BBB - Puerto Rico




282.2650-282.2699




Subpart CCC - Virgin Islands




282.2700-282.2749




Subpart DDD - American Samoa




282.2750-282.2799




Subpart EEE - Commonwealth of the Northern Mariana Islands




282.2800-282.2849 .

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Checklist for Complete State
       Applications

-------
                                     OSWER Directive 9650.9
               APPENDIX D
CHECKLIST FOR COMPLETE STATE APPLICATIONS

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                               D-l
              COMPLETE APPLICATION  CHECKLIST

    :f^^CXv7JMv^''V^ *r*v\^PSS
   C4v^<3&0&&^
1.  Governor's  Letter
2. Attorney's General Certification
3.  Attorney's General Statement 	
   (Demonstration of No Less Stringent Objectives and
   Adequate Enforcement Authorities)

4.  Demonstration of Adequate Enforcement Procedures  ....  II



5.  Program Description  	
6. Memorandum of Agreement
7. State Statutes
8. State Regulations
9. Schedule for Interim Approval  .  .
   (If Applying for Interim Approval)

-------