Underground Storage Tanks

SUGGESTED PROCEDURES FOR REVIEW
OF STATE UST APPLICATIONS

U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF UNDERGROUND STORAGE TANKS
May 1992

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OSWER DIRECTIVE 9650.12

ACKNOWLEDGEMENT

OUST would like to thank those individuals who helped make these revisions to the original, March 1989 version of Suggested Procedures for Review of State UST Applications. Since the initial publication of this manual, a number of Regional offices have reviewed State Program Approval applications submitted by their States. Their successes, but perhaps more importantly, the difficulties they encountered, have taught us much about the State Program Approval process. With the help of Regional and State UST program staff, as well as representatives of the Office of General Counsel, Offices of Regional Counsel, and the Office of Enforcement, we have been able to produce what we feel is a useful, accurate, and up-to-date document which draws on more than two years of Regional experience in proceeding with State Program Approval. OUST feels that the lessons that have been learned over the past two years are reflected in the current document and should lead to a greater number of States seeking and achieving program approval in the near future.

The policies and procedures set out in this document are intended solely for the guidance of Government personnel. They are not intended, nor can they be relied upon, to create any rights, substantive or procedural, enforceable by any party in litigation with the United States. The Agency reserves the right to act at variance with these policies and procedures and to change them at any time without public notice.

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NOTE: The document you are viewing is an HTML facsimile of OSWER Directive 9650.12 that has been reformatted for the Internet. This version maintains as much as possible of the original document integrity. Only a couple of non-essential elements are missing, namely facsimiles of the OSWER Directive cover page, and EPA Form 1315-17 (the Directive Initiation Request). Also, the original typed document had the directive number as a header on each page--in this version the directive number appears at the beginning of each new section.

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OSWER DIRECTIVE 9650.12

Table of Contents

1. INTRODUCTION
2. OVERVIEW AND APPROACH

   List of Minimum Steps Required to Complete State Program Approval Process

   Pre-Application Phase

   Exhibit 1. Diagnostic Checklist for State Program Approval

   Exhibit 2. State Program Approval Pre-Application Checklist

3. ROLES AND RESPONSIBILITIES

   Regional Review Team Members

   State Applicant

   Headquarters Offices

4. REVIEW PROCESS

   Phase 1: Acceptance of Application

   Phase 2: Substantive Review and Tentative Determination

   Phase 3: Review of Public Comments and Final Determination

5. SCHEDULE FOR APPLICATION REVIEW PROCESS

   Streamlined Program Approval Schedule

   Extended Program Approval Schedule

6. CODIFICATION OF APPROVED STATE PROGRAMS
7. ADMINISTRATIVE RECORDS FOR STATE PROGRAM APPROVAL DECISIONS

   Purpose of the Record

   Content of the Record

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OSWER DIRECTIVE 9650.12

APPENDICES

APPENDIX A STATUTORY CHECKLIST

APPENDIX B GUIDANCE ON PREPARING FEDERAL REGISTER NOTICES

APPENDIX C APPROVAL DETERMINATIONS

APPENDIX D CODIFICATION OF APPROVED STATE PROGRAMS

APPENDIX E CHECKLIST FOR COMPLETE STATE APPLICATIONS

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