UST SPA Process Step # Step How Who is responsible for carrying out step? Duration Description/Key Info -- Includes Purpose And Who Needs To Be Involved What is necessary for successful outcome? (Includes Tools/Template needed) STEP 1 Establish EPA review team Regional point of contact (POC) (regional UST staff) schedules meeting with appropriate regional program, legal, and management staff, facilitates and summarizes actions Regional POC Establish member and responsibilities, identify leadership and lines of communication; all appropriate EPA regional staff are involved (OUST involvement up to regional discretion) Guidance exists for which team members to include and respective roles and responsibilities STEP 2 EPA review team contacts state SPA team Conference call between regional review team and state SPA team; regional POC schedules and moderates call and communicates EPA expectations of SPA process to state Regional POC Find out what state wants (no SPA, SPA, re-SPA) and request who state team members are; regional review team and state SPA team are involved Conference line STEP 3 Provide SPA and reg guidance documents to states OUST to update/develop resources with regional, state, and ASTSWMO input; regional POC provides resources to states Regional POC and OUST 2 days call to provide to state (separate timelines for doc develop) Provide state with tools for successful completion of SPA package; OUST, regions, states, and ASTSWMO collaborate on doc development; regional POC provides (emails, etc.) docs/links to state Review and update of existing handbook and guidance; development of templates for specific docs
STEP 4 provides EPA region with information on state regulatory process and approximate timeline, as well as state SPA team members, to regional POC State emails information to the region State POC 7 days after call State gives information on schedule/timeline to the region STEP 5 Establish SPA process schedule Regional POC schedules and moderates conference call with regional review team and SPA team Regional POC 2-3 Develop timeline and major process milestones based on state regulatory process and team member schedules; all appropriate regional review and state SPA team members are involved Conference line; all appropriate parties involved must be able to discuss schedules and find consensus STEP 6 preliminary schedule Regional POC compiles discussion from conference call into written schedule and share with regional review and state SPA team members Regional POC 2 weeks Schedule of major SPA process milestones and expected timelines for hand-offs Management and team consensus (with understanding that changes may be made throughout the process) STEP 7 Inform OUST of preliminary schedule Regional POC emails OUST SPA coordinator/regional liaison with preliminary timeline for state SPA process Regional POC 2 days Keep OUST informed of states planning to come in for SPA STEP 8 submits draft regs to regional POC Iterative with step 9 *Ideally, state would submit drafts electronically to Regional POC State to regional POC As agreed in schedule Reg cross-walks, guidance, etc.
STEP 8a State submits draft SPA components (MOA, AG statement, etc.) Iterative with step 9a *Ideally, state would submit drafts electronically to regional POC State to regional POC As agreed in schedule State submits its draft components of SPA application for initial regional review SPA handbook, guidance, templates, checklists, etc. STEP 9 EPA review team reviews regs Iterative with step 8 Regional POC distributes drafts to EPA review team, EPA team reviews and provides comments to POC, POC consolidates comments and shares with state; state may make changes, step 8 Regional POC takes lead, with input from other EPA review team members including OUST As agreed in schedule To develop acceptable drafts and identify and address concerns regarding all appropriate EPA review team members (may include OUST at region’s discretion) Management QA/QC, team consensus on review, guidance documents regarding EPA review STEP 9a EPA review team reviews draft regs Iterative with step 8a Regional POC distributes drafts to EPA review team, EPA team reviews and provides comments to POC, POC consolidates comments and shares with state may make changes, step 8a Regional POC takes lead, with input from other EPA review team members As agreed in schedule To develop acceptable drafts and identify and address programmatic concerns; all appropriate EPA review team members Management QA/QC, team consensus on review, guidance documents regarding EPA review STEP 10 EPA offers “No further comment” on draft regs Regional POC emails that EPA has finished review and has no further comments Regional POC Complete review of draft state regulations STEP 10a EPA offers “No further comment” on state draft SPA components Regional POC emails state that EPA has finished review and has no further comments Regional POC Complete review of draft components of state
STEP 15 Assembly and review of draft final application Regional POC assembles draft final package, distributes to regional review team, and compiles final comments Regional POC As agreed in schedule Early review of draft application; regional team establishes consensus on draft documents and prepares recommendations to management; regional review team members are involved STEP 16 EPA regional management briefing Regional POC schedules and facilitates management briefing with regional review team and summarizes action items Regional POC Identify and provide updates, concerns, or recommendations to regional management Region-specific documents for management briefing STEP 17 Draft final application Based on outcome of management briefing, regional POC will go back to state to address any issues or offer a go ahead to submit final application Regional POC Indicate to state whether further changes are needed before application package can be considered final (even if not yet complete) STEP 18 EPA receives the official state SPA application EPA staff alert regional management to package EPA staff reserve funding for FR publication, public notices and public hearing State submits package to EPA in paper and electronically Regional POC Purpose – submit official SPA application. Who is involved – state and regional UST staff Templates in guidance (used earlier in drafts) STEP 19 Review SPA package for completeness and to ensure package is what expected (same as agreed to in drafts) Regional UST staff and regional attorney review package Regional POC and regional attorney Up to 6 weeks Purpose – ensure application is complete and as expected Who is involved – regional UST staff and regional attorney Crosswalks in guidance. Multiple prior reviews will ensure quality control.
STEP 20 If issues with application, contact state to resolve any issues, questions Regional UST staff contacts state Regional POC 2-3 days Purpose – ensure application complete and all issues resolved before log it in STEP 21 Log in SPA application Regional UST date stamps official SPA application and emails the state that application complete and logged in Regional POC 1 day Purpose – officially start the 180-day clock for EPA’s review of SPA application Multiple prior reviews to ensure QC/QA Legally, EPA must review application in 180 days STEP 22 Brief regional management (via email or in meeting) Recommend management concurs Regional UST staff prepares briefing and briefs management (via email or in meeting) Regional POC 1 week Purpose – brief regional management to resolve any questions, concerns because RA must approve application STEP 23 If regional management has questions or concerns, regional staff will answer or contact staff to resolve issues Regional UST staff answers question or contacts state to answer question Regional POC 1 week Purpose – answer regional management questions Who is involved – UST regional staff and state STEP 24 Prepare FR notice (including cost estimate, typesetting form) for publication in FR Regional UST staff prepares FR notice Regional POC 2 weeks Purpose – legal requirement to publish in FR so must prepare FR notice Who is involved – UST regional staff FR notice templates STEP 25 Prepare briefing documents for Regional Administrator Regional UST staff prepares briefing for RA Regional POC 1 week Purpose – brief RA who must sign off on state SPA application
STEP 26 Regional Administrator approves state SPA application RA approves state SPA application Regional POC and RA Purpose - it is a legal requirement Step 27 Notify state that package is approved by the RA Notify OUST that RA approved SPA application. EPA UST regional program will state and OUST that RA approved SPA application Regional POC Purpose – to let HQ and state know that RA approved SPA application. Step 28 Send FR package to EPA HQ FR office (in OP) with cost estimate Either final determination or tentative approval (non-SPA state) Make application available to public EPA UST regional program staff will send the FR package to EPA HQ FR office Regional POC and EPA HQ FR office (EPA Office of Policy) Purpose – it is an EPA requirement FR template Step 29 Prepare docket Everything must be in the docket by the day of publication EPA UST regional program will prepare the docket Regional POC Purpose – it is a legal requirement to document everything in the docket OUST draft guidance on doing dockets (i.e. who to call) Step 30 Submit to Office of Federal Register EPA FR will submit to the FR Quality will be assured through multiple prior reviews. EPA HQ FR Office 1 week Purpose – it is a legal requirement, we need to publish it Guidance on what to submit with FR notice Step 31 Publish in Federal Register Office of Federal Register will publish in the federal register Office of Federal Register 1 week Purpose – to get SPA or re-SPA application published in the federal register Funding for publication
Step 32 Inform the state regarding publication in the Federal Register EPA regional UST program will email their state contacts Regional POC 1 day EPA regional UST program staff, state contacts Step 33 30-day comment period 30 days Step 34 Address any public comments and brief management Regional POC To address public’s concerns and alert regional management to comments Step 35 If it’s a new SPA application, prepare FR notice for final determination (with cost estimate) EPA regional UST staff will prepare FR notice for final determination and develop cost estimate Regional POC To prepare for publication in FR Template for FR notice (most recent one accepted) Step 36 RA determination (briefing package for this) RA Regional POC To make a final determination on SPA application This is when the 180 day period ends Step 37 If it’s a new SPA application, submit the FR notice to EPA FR office Regional POC and EPA FR office Document approval of SPA application into the Federal Register (rather than a re-SPA application) 2 weeks
Step 38 Submit to OFR EPA OFR will submit to the OFR Quality will be assured through multiple prior reviews EPA HQ FR office 1 week Purpose – it is a requirement, we need to publish it in the FR Guidance on what to submit with FR notice Step 39 Publish final determination in Federal Register OFR will publish final determination in Federal Register Office of Federal Register 1 week To document final determination in FR Step 40 Prepare FR Notice for Codification with cost estimate. Incorporate broader in scope considerations in the FR notice EPA UST regional program staff will prepare FR notice for codification Regional POC Document codification in the FR Template for FR notice codification Step 41 Submit to OFR EPA OFR will submit to the OFR Quality will be assured through multiple prior reviews EPA HQ FR office 1 week Document codification in the FR Step 42 Publish codification in FR OFR will publish codification in FR Office of Federal Register Document codification in the FR Step 43 Notify state of codification EPA UST regional program staff will notify state of codification Regional POC 1 day To inform states of completion of the process