States
Environment*! Pro<»clion
oEPA
Off .<:• of
Solid vv«»te »nd
Em«rg«ncy R««pont«
DIRECTIVE NUMBER: 9541.05-85
TITLE: Management of Wastes Newly Regulated Under HSWA
APPROVAL DATE: 05/08/85
EFFECTIVE DATE: 05/08/85
ORIGINATING OFFICE: OSuJ
Si FINAL
D DRAFT
CTATIIC ^ ' A~ PendlnS OMB approval
STATUS Pending AA-OSWER approval
C- For review &/or conment
D- In development or circulating
REFERENCE (Oth«r dOCUm«nt«): headquarters
O.QM/PP
'E DIRECTIVE
DIRECTIVE D
-------
PART 271 SUBPART A - FINAL AUTHORIZATION DOC: 9541.05(85)
Key Words: Authorized States, Joint Permitting, HSWA
Regulations: 40 CFR 271.21
Subject: Management of Wastes Newly Regulated Under HSWA
Addressee: Kenneth Feigner, Chief, Waste Management Branch, Revion X
Originator: Bruce R. Weddle, Director, Permits and State Programs Division
Source Doc: #9541.05(85)
Date: 5-8-85
Summary:
The memo addresses the question of which standards (EPA"s or an authorized
State's) apply to the management of waste which become regulated in authorized
States as a result of EPA rulemaking pursuant to HSWA.
Additions to Part 261, promulgated by EPA pursuant to HSWA, are applicable
to handlers affected by the new regulations until the State revises its program
to 40 CFR 271.21 to add the wastes to its regulated universe and receives EPA's
approval.
-------
9541.05 (85)
X
0)
«
*•
h—
3
CO
• •
MBHOIUMDOM Si
~ ~~' "" J~ ~ iJ
• •
SUBJBCTt Applicable Management Standards for Wastes Newly H
Regulated Pursuant to HSWA '
w
9k
FRONt Bruce R. Meddle. Director V
Permits and State Prograna Division (WR-563) °o
TOi Kenneth Feigner, Chief
Waste Management Branch (M/s 533)
Region X
i
Ul
This is in response to your memorandum of April 4,
addressing the question of which standards (BPA's or an
authorised State's) apply to the management of wastes which
become regulated in authorised States as a result of BPA
rulemaking pursuant to BSWA.
We agree with your conclusion that when BPA promulgates
additions to Part 261 pursuant to HSWA, it is BPA's standards
which are applicable to handlers affected by the new regu-
lations. This situation continues until the State revises
its program pursuant to 40 CFR 271.21 to add the wastes
to its regulated universe and receives BPA's approval.
You are also correct in that, while States may participate
in implementing the Federal requirements through agreements
with BPA,, BPA retains ultimate responsibility for the Federal
program. Only BPA can issue RCXA permits with respect to
the now wastes. While BPA may defer to authorised States
that are taking timely and appropriate enforcement actions
against violations with respect to the new wastes, EPA also
retain* ultfiMte) enforcement responsibility.
We- apMfroiate your raising this issue, and it will be
discussad TmHtrnm KOLA Reauthoriiatlon Statutory Interpretation
memorandum fMI) on joint permitting.
•a*. Basardotts Waste Branch Chiefs, Regions I - IX
Stats- Programs Branch
Gall cooper, OGC
------- |