United States
Environmental Protection
Agency
EPA530-F-96-005
June 1996
Solid Waste and Emergency Response
Passing the Torch
Streamlined State
Authorization
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PA has proposed to
streamline the state
[authorization proce-
dures for the RCRA Subtitle
C hazardous waste program.
These procedures will con-
tinue to reinvent environ-
mental regulations by:
9 Making the authorization process quicker and
more efficient
• Reducing the administrative burden
• Encouraging partnerships and trust between
states and EPA
9 Providing states the flexibility to implement rules
that suit their unique needs
WHAT Is STATE AUTHORIZATION?
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State authorization is a rulemaking process through
which EPA delegates the primary responsibility of
implementing the RCRA hazardous waste program to
individual states in lieu of EPA. This process ensures national
consistency and minimum standards while providing flexibility
to states in implementing rules. Currently, 49 states and terri-
tories have been granted authority to implement the base, or
initial, program. Many also are authorized to implement addi-
tional parts of the RCRA program that EPA has since promul-
gated, such as Corrective Action and the Land Disposal
Restrictions. State RCRA programs must always be at least as
stringent as the federal requirements, but states can adopt
more stringent requirements as well.
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rule that outlines new procedures for determining whether
waste at cleanup sites is hazardous. For category 2 applica-
tions, states submit: .
• A certification by the state Attorney General that the laws
and regulations of the state provide the authority to
implement a program equivalent to the federal program.
• A certification by the state program director that the state
has the capability to implement an equivalent program.
• An update of the state/EPA Memorandum of Agreement
and/or state program description, if necessary.
• Copies of all applicable state laws and regulations show-
ing that such laws and regulations are fully effective.
• Any additional information that the state believes is
necessary to support the revision application.
Once EPA receives the state's application, the Agency has
30 days to determine whether it is complete. Next, EPA has 60
days to examine the application to confirm that the state
rules are equivalent to EPA's and publish a Federal Register
notice requesting public comment. If no significant adverse
comments are received, the state rule will become final 60
days from publication.
FOR MORE INFORMATION
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Category 1 procedures were described in the Phase
IV Land Disposal Restrictions (LDRs) Proposed
Rule (60 FR 43654, August 22, 1995); Category 2
procedures were described in the Requirements for
Management of Hazardous Contaminated Media (HWIR-
media) proposed rule (61 FR 18780). The public comment
period ends on July 29, 1996. After considering public com-
ments, EPA will finalize these procedures.
To obtain more information call the RCRA Hotline at
800 424-9346 (TDD 800 553-7672). In the Washington,
DC, area, call the Hotline at 703 412-9810 or TDD
703412-3323.
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SUMMARY OF THE STREAMLINING
PROPOSALS
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or future RCRA rules, EPA has proposed replacing the
current authorization process with two different pro-
cedures to authorize states for new EPA rules:
Category 1 Procedures (for Minor Changes)
EPA believes that the current state authorization procedures
are too extensive for routine and minor rule changes, particular-
ly when state authorization promotes an environmental benefit.
EPA proposed a more efficient and appropriate process for rules
or parts of rules that do not change the basic structure of the
state's program or expand the scope of the RCRA regulations.
Examples include new or revised waste treatment standards,
regulation of new wastes, regulatory improvements, and techni-
cal corrections. Category 1 procedures are proposed as follows:
• States certify that existing state statutes and regulations are
equivalent to and not less stringent than the analogous feder-
al provisions. The state certifications include citations to spe-
cific statutes, administrative regulations, and any relevant
judicial decisions. Additionally, the certification must show
that the appropriate state laws are adopted and fully effective.
• If the state certification is complete, EPA has 60 days from
submission to make a tentative decision and publish a
notice in the Federal Register to provide an opportunity for
public comment. Unless significant adverse comments are
received by EPA, the authorization will be effective 60 days
from the Federal Register notice.
Category 2 Procedures (for Significant Changes)
For rules that make significant changes to the RCRA pro-
gram, EPA proposed a slightly more extensive authorization
approach. This process would be appropriate for rules or por-
tions of rules that address areas not previously covered by an
authorized state program or that substantially change the
nature of a program. An example is the proposed HWIR-media
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WHY Is EPA PROPOSING To
STREAMLINE
THE AUTHORIZATION PROCESS?
mm m
Since EPA regularly amends the RCRA regulations to
implement statutory provisions, regulatory improve-
ments, and evolving science and technology, states must
continually revise their regulations and submit authorization
applications to EPA for review and approval. Under the existing
procedures, all applications for revisions to authorized state pro-
grams, including minor or routine changes, are subject to the
same requirements and receive the same level of EPA scrutiny. The
preparation and review of these program revisions require a sig-
nificant resource commitment for both EPA and the states.
EPA is seeking to improve the authorization process by propos-
ing new streamlined procedures for these state revisions. These
proposed procedures are designed to make the process quicker and
more efficient. They also will help reduce the amount of resources
needed for preparing and processing authorization applications
and enable states to implement additional parts of the RCRA pro-
gram more quickly.
Under the current system, delays often occur in preparing and
reviewing state applications. Because EPA continues to administer
certain rules until a state is authorized and because authorization
does lag behind state adoption of EPA rules, there are instances
when both the state and EPA are administering the RCRA program
at the same time. This situation can confuse the public and the
regulated community, and can cause regulatory duplication. Other
EPA rules do not go into effect until a state adopts and becomes
authorized for them.
EPA also recognizes that many states have sophisticated and
highly developed programs for hazardous waste management and
cleanup designed to meet their individual circumstances and prior-
ities. The proposed streamlined procedures acknowledge that state
programs do not have to be exactly the same as the federal pro-
gram to be as protective of human health and the environment.
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