&EPA
                      $!•<••
                   Environmental Protection
                   o<
                Soi
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_ ____ _ United States Environmental Protection Agency 1 Directive Number ""
£* [.DA " Washington, DC 20460
wcrM OSWER Directive Initiation Request 9540.00-9
2. Originator Information
Name of Contact Person Mail Code
James F. Michael WH-563B
Office • Telephone Code
OSW (202) 382-2231
3. Title
State Consolidated RCRA Authorization Manual (SCRAM)
4. Summary of Directive (include brief statement of purpose)
The SCRAM was developed to assist the States in the preparation of applications to
receive authorization for their program revisions.
5. Keywords
State Authorization; Final Authorization
6a. Does This Directive Supersede Previous Directive(s)?

b. Does It Supplement Previous Uirective(s)?
XX

7. Draft Level
A - Signed by AA/DAA B - Signed by Office Dir<

Hazardous and Solid
; Interim Authorization; Waste Amendments;
No XX Yes Wnat directive (number, title)
#9540.00-10-
Mo Yes What directive (number, title)


;ctor C - For Review & Comment D - In Development




8. Document to be distributed to States by Headquarters? xx Yes NO


This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
VW^u- £^'g&fcWv D9u)
10. Name and Title of Approving Official
Marcia Williams, Director, Office of Solid Waste
Date
02/02/88
Date
01/21/88
   EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
 OSWER      OSWER        OSWER        O
/E   DIRECTIVE      DIRECTIVE     DIRECTIVE

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                                             OSWER  DIRECTIVE #9540.00-9
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C. 20460
                                                        OFFICE OF
                                               SOLID WASTE AND EMERGENCY RESPONSE


MEMORANDUM


SUBJECT:  State Consolidated  RCRA  Authorisation  Manual (SCRAM)

FROM:     Marcia E. Williams, Director,,
          Office of Solid Waste            '  '"

TO:   .    Waste Management Division  Directors
          Regions I - X


     The attached final State Consolidated RCRA  Authorization
Manual (SCRAM) was developed  to help  States  prepare  applications
to receive authorization for  their program revisions.   The  SCRAM
updates and expands upon the  Final Authorization  Guidance Manual
and may .be used both for initial applications and  for  program
revision applications.

     The SCRAM reflects the Federal  program  as of  December  31,  1986.
It is divided into four major sections.   The  first' section  identifies
the requirements for the review and  approval  of  State  applications
for final authorization and program  revisions and  the  procedures
for the codification of State program  approvals  in 40  CFR Part  272.
The impact of HSWA on State authorization and the  State  program
revision process is also discussed in  this section.   Sections 2 and
3 provide guidance for submitting  initial applications and  program
revision applications, respectively.   The last section contains
the Appendices which include  the State regulatory  checklists,
model Federal Register notices and other  guidance.
     The SCRAM will be updated through a  system  of  State  Program
Advisories (SPAs).  SPAs will keep the Regions and  States apprised
of RCRA program changes as they occur, including  new  regulations
and self-implementing statutory provisions.   Each SPA will contain
a brief summary of the RCRA change,  will  specify  whether  it is HSWA
or non-HSWA, and provide regulation  checklists,  model Attorney
General's Statement language and other materials  as appropriate.

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                               - 2 -
     Numerous Regional and Headquarters representatives on the
RCRA' Authorization Workgroup made valuable contributions to  the
SCRAM;  including writing the first draft of some chapters    I
would like to particularly thank Rich Clarizio and Diane Sharrow
(Region V), Buddy Parr (Region VI), Susan Schmedes, Office of
General Counsel, and Jim Michael, Office of Solid  Waste.

     If you have any questions on the use of the Manual please
call Alex Wolfe, State Programs Branch  (FTS 382-2210).

Attachments

cc:  Bruce Weddle
     Joshua Sarnoff, OGC
     Elaine Stanley. OWPE
     Authorization Section Chiefs, Regions I-X
     Regional Counsels, Regions I-X

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                   OSWER Directive #9540.00-9
State  Consolidated
RCRA Authorization
Manual  (SCRAM)
State Programs Branch
Office of Solid Waste
U.S. Environmental Protection Agency

-------
                                  OSWER DIRECTIVE #95^0.00-9
                             PREFACE
     Final authorization of State hazardous waste programs is
one of EPA's highest priorities.  Our goal is to approve as many
qualified States for final authorization as possible.  The Final
Authorization Guidance Manual, issued June 10, 1983, established a
process and a schedule that was used to convey final authorization
to 39 States by January 31, 1986.  We can continue that successful
record for final authorization by maintaining the cooperative
partnership amoung the States and territories, EPA Regions, and
EPA Headquarters.

     The State Consolidated RCRA Authorization Manual (SCRAM)
replaces and expands upon the Final Authorization Guidance
Manual.  The well-established process for initial final.authori-
zation applications under the Resource Conservation and Recovery
Act ("RCRA") is retained and updated in SCRAM.  In addition,
this successful approach to authorization is applied to the
"revision process" for approving State program modifications that
are made subsequent to the receipt of final authorization.  A
streamlined revision process is critical to the success of State
implementation of  the RCRA program since there will be many
additions to State and Federal RCRA hazardous waste programs
prompted by the expanded authority and requirements of the
Hazardous and Solid Waste Amendments of 1984 ("HSWA" or "the
Amendments").

     The Manual provides for an early review of State statutes,
so that interested States can receive an initial analysis of their
program authority, with time left to make necessary program changes
Review of draft State applications by EPA is also encouraged to
assure a quality application early in the process.  The schedule
for review of State applications commits EPA to expeditious action.
In order to establish and maintain State program continuity, all
States are urged to submit their authorization and revision
applications as early as'possible.

     We look 'forward to a close working relationship between
EPA and the States in the period ahead and to the successful
implementation of  the RCRA final authorization program.  Using
the process and guidelines established in this Manual, we can
fulfill the important responsibilities placed on us by the
American public for an effective national program to manacje
hazardous wastes.

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                                        OSWER DIRECTIVE #9540.00-9
                 STATE CONSOLIDATED RCRA AUTHORIZATION MANUAL

                             TABLE OF CONTENTS
                                                                      PAGE

     PREFACE	  v

1.0  GENERAL

1.1  Introduction

     '   RCRA Before  and After HSm	  1.1-1
        Impact  of HSV<&  on State Authorization	  1.1-1
        Final Authorization and Interim Authorization	  1.1-3
        States  Initially Applying for Final Authorization	  1.1-4
        Program Revisions for States with Final Authorization	  1.1-5
        How to  Use This Manual;	  1.1-5

1.2  Definitions	  1.2-1

1.3  State Program Requirements for Final Authorization

        Introduction	  1.3-1
        Statutory Requirements	;	  1.3-1
        Equivalent and  No Less Stringent Program	  1.3-3
        Consistent Program	  1.3-10
        More Stringent  Program	  1.3-11
        Adequate Enforcement	  1.3-12
        Notice  and Hearing  in the Permit Process	  1.3-15
        State Availability  of Information	  1.3-16
        Additional State  Program Requirements Pursuant to HSV&.	  1.3-17

1.4  Initial Application  Approval Process

        Federal Requirement	  1.4-1
        Introduction	  1.4-2
        General Schedule	  1.4-3
        Regional and Headquarters Review Teams	  1.4-4
        Application  Review  Process	  1.4-5
        Pre-Application Statutory Review	  1.4-6
        Draft Application	  1.4-6
        State Public Notice and Hearing	  1.4-7
        Official Application	  1.4-7
        Effect  of Federal Program Changes	  1.4-13
        Recordkeeping	  1.4-14

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                                             OSWER DIRECTIVE #9540.00-9
                      TABLE OF CONTENTS (continued)

                                                                       PAGE
1.5  State Program Revisions

        Federal Requirement	  1.5-1
        Introduction	  1.5-2
        Type of Program Changes	-. .^	  1.5-2
        Criteria for Approving/Disapproving Revisions	  1.5-3
        Availability of Authorization for Federal Program Changes....  1.5-5
        State Modification Deadlines 	  1.5-6
        Existing State Provisions That Are Similar to New Federal
          Requirements	  1.5-8
        Procedures for Review of State Program Revisions.-	  1.5-8

1-6  Codification of State Program Approvals in Part 272

        Sample Codification	  1.6-1
        Introduction	  1.6-1
        Purpose	  1. 6-2
        Part 272 Procedures for Official Applications	-	  1.6-3
        Part 272 Procedures for State Program Revisions	  1.6-4
        Codifying Previously Authorized States	  1.6-4
        Model Federal Register Notices...,,	'	  1.6-5
        Copy of Part 272	  1.6-7

1-7  HSWA Authorization Matrix

        Introduction	  1.7-1
        Key to the Matrix	-	  1-7-1
2.0  STATE SUBMITTAL GUIDANCE FOR INITIAL APPLICATIONS

2.1  Governor's Letter

        Federal Requirement	-	   2.1-1
        Introduction....,	   2.1-1
        Content	-	   2.1-1

2.2  Program Description

        Federal Requirement	,	   2.2-1
        Introduction	•	   2 .2-2
        Scope, Structure, Coverage and Processes of  State  Program....   2.2-2
        Lead State Agency	   2.2-3
        State Procedures	-.  .  .-	*	   2.2-3
        Compliance Tracking and Enforcement	,	    2.2-4
        Estimated Types and Number of Regulated  Activities	   2.2-4
                                      11

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                                             OSWER DIRECTIVE #9540.00-9
                      TABLE OF CONTENTS (continued)

                                                                        PAGE
2-3  Attorney General's Statement

        Federal Requirement	   2.3-1
        Introduction	   2.3-1
        Purpose of the Attorney General's Statement	-...   2.3-2
        Who Should Sign the Attorney General's Statement	   2.3~3
        The Model	-	   2. 3~3
        Incorporation,of Federal Regulations by Reference	   2.3-4
        State Jurisdiction over Indian Lands	  ....   2.3-5
        Establishing a Format to Meet Individual State Needs	   2.3-5
        EPA Review of Attorney General's Statements	•..-   2.3~5
        Model Attorney General's Statement	   2.3-7

2.4  Memorandum of Agreement

        Federal Requirement	   2.4-1
        Introduction	 	   2.4-3
        Model	'	   2.4-3
        Signatories	   2.4-4
        Model MOA		•	   2.4-5

2-5  Showing of Public Participation

        Federal Requirement	   2.5.1
        Introduction	.	   2.5-2
        Content....-.-.-	   2.5-2

2-6  State Statutes and Regulations

        Federal Requirement	   2.6-1
        Introduction	   2 .6-1
        Content..-.-	--.-	-.. ..-	•	   2.6-2

2-7  State Legislation Checklist

        Introduction...-.	,	   2-7-1

2.8  Completeness of Subraittal Checklist

        Introduction	   2.8-1
        Content	.2.3-1

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                                             OSWER DIRECTIVE #9540.00-9



                      TABLE OF CONTENTS (continued)

                                                                       PAGE
3.0  STATE SUBMITTAL GUIDANCE FOR PROGRAM REVISIONS

3.1  State Agency Letter.....,..-.-	  3-1-1

3.2  Program Description

        Introduction	-	  3 • 2-1
        Content	  3-2-1
        Scope, Structure,  Coverage and Processes of State Program....  3-2-2
        State Agency Responsibilities	  3.2-2
        Resources	 .-..  3-2-3
        State Procedures	  3.2-3
        Compliance Tracking and Enforcement	  3-2-3
        Estimated Regulated Activities	  3-2-5
        Copies of State Forms and Coordination with other Agencies...  3-2-5
        Table 4	'.	  3.2-6

3-3  Attorney General's Statement

        Federal Requirement	  3 • 3-1
        Introduction	  3-3-1
        Use of the Model Statement	  3.3-2
        Relationship of Model Statement and HSWA Statutory Checklist.  3-3-2
        Inseparable HSWA Provisions.-..		   3-3-3
        Federal Variances  and Exemptions	  3-3-4
        Citations of State Authority	  3-3-4
        Model	  3-3-5

3-4  Memorandum of Agreement

        Introduction	  3-4-1
        Model	.-	-	  3.4-2

3-5  HSWA Statutory Checklist

        Introduction	•   .  3.5-1
        Checklist		  3-5-3
        Memo on HSWA Authorization Issues	-. -.	  3-5-21


     APPENDICES

 A.  State Regulatory Program Checklist

 B.  Financial Responsibility

 C.  Model Federal Register Notices

 D-  State Availability of Information Guidance

 E-  Schedules of Compliance
                                      iv

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                                           OSWEF  DIRECTIVE  #9540.00-9


                           CHAPTER 1.1

                           INTRODUCTION

     The Resource Conservation and Recovery Act of 1976, (RCRA),
as amended by the Hazardous and Solid Waste Amendements of 1984,
(HSWA), provides for authorization of State hazardous waste pro-
grams.  This Guidance Manual has been developed to provide direc-
tion to States in developing applications for authorization and
also sets forth the internal EPA procedures which will be used
to process these applications.  Because this Manual is intended
only to provide guidance concerning the implementation and inter-
pretation of EPA's Part 271 regulations, EPA has concluded that
rulemaking procedures are not required under the Administrative
Procedure Act, 5 U.S.C. §553.

RCRA Before and After HSWA

     HSWA significantly altered the scope and the implementation
of the RCRA program.  Futhermore, since the interrelationship
between State and Federal programs is different for HSWA provisions
than for non-HSWA RCRA provisions, it is necessary to distinguish
between these two types of Federal requirements, particularly
for authorization purposes.  When this Manual references the
"HSWA program" or "HSWA provisions",  this is meant to refer to
those elements of the Federal RCRA program that are implemented
pursuant to HSWA-.  Conversely, reference to "non-HSWA provisions",
the "pre-HSWA program" or the "base program" encompasses the
remaining RCRA requirements - those that are imposed pursuant to
statutory authority that was in place prior to the enactment of
HSWA.  "RCRA" is used in this manual  to mean the entire Federal
hazardous waste program, including all provisions pursuant to
HSWA or other statutory amendments to RCRA.

Impact of HSWA on State Authorization

     1.  HSWA Federal Requirements Effective for Authorized States

     HSWA brought about a fundamental change in the manner in
which the Federal hazardous waste program is implemented in autho-
rized States.  Prior to the passage of the Amendments, new RCRA
regulations promulgated by EPA took effect only'in non-authorized
States.  They became effective in authorized States only through
State adoption of equivalent requirements pursuant to State law.

     In contrast, the amended RCRA §3006(g) provides that Federal
HSWA requirements or prohibitions are implemented in all States,
including authorized States.   Some of the HSWA provisions Include
immediate prohibitions, requirements  to be included in all permits,
requirements directly applicable to interim status facilities,
and other requirements.  Such provisions will be implemented and
enforced by the Federal government in every State until the
State is authorized for those provisions.


                              1.1-1

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                                           OSWER DIRECTIVE #9540.00-9
     EPA expects to implement the HSWA requirements through
amendments to the RCRA regulations.   However, it is possible
that some provisions will be implemented in the future through
self-implementing HSWA statutory provisions that place certain
requirements into effect should EPA fail to promulgate regulations
by the statutory deadlines.   For example, section 3004(g) requires
the Administrator to determine whether or not each listed hazardous
waste should be banned from land disposal; if the Agency  fails  to
make this determination within specified timeframes, certain
listed wastes will be automatically banned.  As discussed above,
once those HSWA requirements take effect, EPA will implement and
enforce the Federal requirements in authorized States until the
States receive authorization for those requirements.

     3 .  Continuity of State Authorization

     EPA encourages States to revise their programs as quickly  as
possible to pick up changes in the Federal program.  However, EPA
expects that between November 8, 1984 and May 1990, there could .be
as many as sixty HSWA requirements or prohibitions that will take
effect.  This coupled with the fact that the HSWA provisions take
effect automatically in autnorized ' States, makes it very  likely
that the responsibility for implementing the RCRA program--and
particularly for issuing permits—will bounce back and forth"
between the States and EPA.

     For example, the following scenario is possible. (1) As of
October 1984  the State was authorized to issue RCRA permits for
surface impoundments.  (2) On November 9. 1984, the State was no
longer able to issue a RCRA permit under its own authority because
it was not authorized to 'carry out the new HSWA requirements.
(3) In 1985. the State is authorized for the HSWA provisions
regarding surface impoundments and can issue RCRA permits without
EPA participation again.  (4) In 1986, EPA issues new regulations
under  HSWA affecting surface impoundments, and because the 1986
regulations take effect in authorized States, the State once
again  is not authorized to issue RCRA permits for surface
impoundments.

     Consequently  it must be recognized that even if a- State
was authorized very quickly, parts of the program will still
bounce back and forth between the State and EPA as the HSWA
provisions unfold.  It appears that, prior to 1990, it is very
unlikely that a State will be able to maintain its fully
authorized status continuously.
                              1 -1-2

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     4.  Permits

     A permit cannot be considered a RCRA permit unless it contains
all the applicable  HSWA requirements.  Therefore,  until  the State
is specifically  authorized  for  the  HSWA  permitting  requirements,
hazardous waste permits will  have to be  issued  jointly  by EPA and
the State.  During the time in which EPA must implement and enforce
those permit conditions which are directly applicable in authorized
States, EPA will  work with the  States  to employ  the  joint permit
process authorized in  section  3006(c).   Through agreements between
EPA and the States, States  will  be able to participate with EPA in
implementing the Federal requirements.  Authorized States may
participate to the same extent that non-authorized States currently
participate.  They may  take the  lead  on technical  review of permit
applications and  on  other  similar  activities.   But  the  ultimate
responsibility for issuance of the portion of the permit containing
the new requirements must remain with EPA.

Final Authorization and Interim Authorization

     RCRA provides for two types of State hazardous waste
authorization: interim and final  authorization.   A State nay receive
interim authorization  if  its  program is  substantially  equivalent
to the  Federal  program.    Interim  authorization   is  a  temporary
mechani.sm that is intended to .promote continued State participation
in hazardous waste  management while  encouraging  States  to develop
programs that are  fully equivalent to the Federal  program so that
they will qualify for  final authorization.  To achieve final author-
ization a State must demonstrate that its program meets  the statutory
tests that  are  described  in  Chapter 1.3  of this  Manual  and that
are embodied in the regulatory requirements  for final authorization
in 40  CFR  Part  271,  Subpart  A.   A State  does  not have  to obtain
interim authorization prior to receiving final authorization.

     The primary emphasis of this manual is  to provide guidance for
States seeking final  authorization.   This  is because  final author-
ization is the ultimate goal of States that  seek to implement their
hazardous waste  programs  in  lieu of  EPA.   Interim  authorization
for the non-HSWA  program  expired  on  January 31,  1986;  therefore,
only final authorization is  available  for  the base program.  Interim
authorization is an option  only  for  HSWA provisions.   Futher, HSWA
interim authorization  is  scheduled  to  expire  on  January  1,  1993
[51 FR 33712-723,  9/22/86].   This means  that  any  State  with HSWA
interim authorization must obtain  final  authorization  by this date
or the HSWA program will revert to EPA.

     For these  reasons,  States   pursuing authorization  for  HSWA
provisions are encouraged  to   seek  final authorization  instead  of
interim authorization.  This will reduce the  number  of State author-
ization applications  and  will minimize   repetitive  State  and  EPA
involvement in the approval  process.   In addition, if States proceed
directly to  final  authorization,  they  will not  have to  contend
with possible reversion at  the end  of  the  HSWA interim authorization


                              1.1-3

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period.  However,  for  a   State   that   seeks  but  falls  short  of
qualifying for final authorization for one or more HSWA provisions,
interim authorization  for  those  provisions  may  offer  a  useful
alternative.  (Note that  it  is possible for a State  to have final
authorization for  some  HSWA provisions and  interim  authorization
for other provisions.)  The  guidance in this manual  pertaining to
the process and  procedures  for  HSWA authorization apply  to States
pursuing either interim or final  authorization.

States Initially Applying for Final Authorization

     In order for  a State to obtain final authorization,  it  must
submit an  official application  to  EPA for  review.   The  State's
application must  address  all  provisions  of  the  Federal  program
that were  in  effect  one year  prior  to  application  submission.
(See RCRA §3006(b) and 40 CFR 271.3(f) [51 FR 33712-723, 9/22/86].)
Therefore, it is important for any State which is  initially applying
for final  authorization  to  adopt   any  Federal   program  changes,
including HSWA provisions, that occurred  earlier  than the date one
year before its official application is submitted.

     If the State  also  has  authority equivalent  to Federal program
elements that became effective less  than a year prior to the State's
application, then,  to the  extent  possible,  the State's application
should include demonstration of such authority so that EPA will also
be able to confer authorization for those program elements.  However,
it is  important  to note that the State is not required  to have a
counterpart to any Federal  provision that -became  effective during
that time period  in order to  receive  authorization,  although the
State will subsequently need to modify its program for such changes
as part of the program revision process discussed below.

     A State's initial application for final authorization
must contain the following:

     1.   Governor's letter requesting State program appoval.

     2.   A Program Description which explains the program the
          State proposes  to  administer,  together  with  any  forms
          used to administer the  program under State law.

     3.   A Statement from the State Attorney General (or the
          attorney for  those State  agencies  which have independent
          legal counsel)  that  the   laws  of   the  State  do  provide
          adequate authority to  carry  out the  program  the  State
          proposes to administer.

     4.   A Memorandum of Agreement  that provides for coordina-
          tion and  cooperation  between  the  State  Director  and
          the U.S. EPA Regional Administrator regarding the
          administration and enforcement   of  the  authorized  State
          regulatory program. •                                        M



                              1.1-4

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     5.   Copies of all applicable State statutes and regulations,
          including those governing State administrative
          procedures.

     6.   Documentation of public participation activities (i.e.,
          notice and opportunities for comment on the State program
          prior to submission of the application to EPA).

     The Federal requirements governing the content of State final
authorization applications are in 40 CFR 271, Subpart A.  The
chapters in the second section of this Manual provide guidance,
example documents, and models for these initial authorization
application elements.

Program Revisions For States With Final Authorization

     The revision process is separate from the initial final
authorization approval process; it applies to States that have
obtained or are in the process of obtaining final authorization.
(See §271.21(e).}  States must modify their programs to pick up
Federal program changes by certain deadlines.  Once the State has
modified its program, the State must notify EPA within 30 days of
the program change and provide a proposed schedule for submission
of its authorization documents.  The revision application must be
submitted no later than 60 days after the cluster deadline
(September 1).  In this application the State will need to submit
documentation similar to some of the six types of documents for
initial authorization "applications, discussed above.  However, the
actual documentation needed will vary, depending on the scope of the
State modifications and previously submitted application materials.

     It is likely that in many instances the State revision
application will simply be a limited, brief update to its earlier
authorization materials.   For all revision applications a certi-
fication from the Attorney General and a copy of the State's
pertinent legal authorities will be required.  (Where statutes
and regulations have not changed, and where they were previously
submitted with an earlier authorization application, resubmission
will not be necessary.)  Guidance concerning the need for submission
of other elements (e.g.,  revised Program Description or Memorandum
of Agreement) is provided in subsequent chapters of this Manual.

How To Use This Manual

     This Manual is divided into three major sections.  The first,
"General", gives an overview of the RCRA hazardous waste program,
State program requirements for final authorization and information
on EPA's procedures for review of initial and revision applications
for final authorization.   The second is the "State Submittal Guidance
for Initial Applications" which provides specific instructions for
the State in developing its application for final authorization. The
third section, "State Submittal Guidance for Program Revisions", con-
tains details regarding State submissions for approval of their
program modifications.  The Appendices -contain guidance documents
State authorization applications.

                              1.1.5

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     The chapters of this manual that will be useful to a
particular State applying for authorization will be primarily
determined by the State's authorization status.  If the State is
unauthorized, then it would consult most of the chapters in the
first two sections of the Manual (the 1.0 and 2.0 chapter series)
to assist it in developing an initial application for final
authorization.  However, depending on the date the State plans to
submit its initial application,  it may also need to use selected
chapters in the third part of this Manual (the 3.0 chapters).
This is because the 2.0 chapters were developed to address the
base program requirements that were promulgated on or before
July 26, 1982.  This is the date when the availability of final
authorization was first announced.  Subsequent amendments to
the RCRA program, both HSWA and non-HSWA, are addressed in the
3.0 chapters.  Therefore, if a State's application for
authorization is required to address amendments to the RCRA
regulations it would find helpful guidance in the 3.0 chapters.
(See the "States Initially Applying for Final Authorization"
section above.)   In particular, the model AG's Statement in Chapter
3.3 should provide useful language regarding the amended Federal
program, and the Model MOA contains needed language regarding
the HSWA program.

     A State that has already received final authorization and is
applying for approval of its program modifications would need to
use -different parts of this manual to help it through the revision
process.  Chapters 1.3 and 1.5 and the Chapter 3.0 series would
be the most useful to such a State.  In addition, it may also be
beneficial for the State to selectively review a few othar manual
chapters in the 1.0 series regarding the basic program requirements.

     Table 1 has been prepared to help States and Regions to
quickly identify the pertinent chapters of this manual for a
State's particular situation.  A brief description of each chapter
is provided,' and applicable chapters are indicated for two types
of initial applications and also for program revision applications.
The January 28, 1984 date that delineates the two types of initial
authorization applications derive from the first change to the
Federal base program that must be picked up by State programs
(the biennial report rule, promulgated 1/28/83).  Therefore, as
discussed elsewhere in this manual, any State initially applying
for authorization one year after the change (i.e., 1/28/84) must
address not only the base program requirements, but also the
biennial report requirement (and possibly additional Federal
program changes, depending on the date of the State's application).
Since Federal program changes are discussed in different sections
of this Manual than are the base program requirements, a State
applying after January 28, 1984 will have additional chapters to
consult.
                              1.1-6

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                                      TABLE 1

                               Use of Manual Chapters

                                                            Applicable Chapterst
Ch.  Title	Description	  State A State B State C

PREFACE          •             Describes goals for            *       *       *
                              authorization
GENERAL '

1.1  Introduction             Provides a framework for use   *       *       *
                              of the manual

1.2  Definitions              Defines RCRA terms used in     *       *       *
                              the Manual

1.3  State Program            Discusses statutory and        *       *       *
     Requirements for Final   regulatory requirements
     Authorization            for final authorization

1.4  Application Approval     Describes process and          *       *      .
     Process                  schedule for initial
                              authorization applications

1.5  State Program Revisions  Discusses program revision     *       *       *
                              requirements, deadlines,
                              and approval procedures

1.6  Codification of State    Details the purpose and                *       *
     Program Approvals in     procedures for codifying
     Part 272                 authorizations

1.7  HSV& Authorization
     Matrix                                                          *       *

STATE SUBMITTAL GUIDANCE FOR INITIAL APPLICATIONS

2.1  Governor's Letter        Provides guidance on the       *       *
                              content of the Governor's
                              letter

2.2  Program Description      Delineates the information     *       *
                              necessary to describe the
                              State program


2.3  Attorney General's       Provides a model Statement     *       *
     Statement                and description of contents

2.4  Memorandum of  Agreeement Provides a model agreement     *       *
                              and discussion regarding
                              signatories
tKey:  State A - State initial application submitted prior to 1/28/84
       State B - State initial application submitted after 1/28/84
       State C - State program revision application

                                       1.1-7

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                               TABLE 1    (oont'd)

                               Use of Manual  Chapters

                                                           Applicable Chapterst
Ch.  Title	  Description	  State A State B State C

2.5  Showing of Public        Describes  content of State     *       *
     Participation            demonstration

2.6  State Statutes and       Specifies  which State          *       *
     Regulations              authorities should be
                              in the  application

2.7  State Legislation        Delineates the  pre-HSMPi        *       *
     Checklist                RCRA authorities for
                              which States should have
                              counterparts

2.8  Completeness of          Details the elements of a      *       *
     Submission Checklist     complete State  application

SIATE SUBMITIAL GUIDANCE FOR PROGRAM  REVISIONS

3.1  State Agency Letter      Provides guidance on the                       *
                              content of tramsmittal
                              letter

3.2  Progran Description      Delineates information                         *
                              necessary  to supplement
                              initial program description

3.3  Attorney General's       Provides model  for amending            *       *
     Statement                or  supplementing ?M3 Statement

3.4  Memorandum of Agreement  Provides a model agreement    '         *       *
                              that reflects HSVA changes

3.5  Statutory Authority                                            *       *
     Checklist for the
     Hazardous and Solid
     Waste Act Amendments
     of 1984

APPENDICES

A    State Regulatory         Provides detailed checklists   *       *       *
     Checklists               for comparing State and
                              Federal regulatory authority

B    Financial Responsibility Provides guidance on  the       *       *
                              equivalance of  State  financial
                              responsibility  mechanisms
                                      1.1-8

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ft
                                        TABLE     (oont'd)

                                      Use of Manual Chapters

                                                               .   Applicable Chapters*t
        Ch.   Title	Description	  State A State B State C

        C    Federal Register Models  Model language for State                       *
                                     authorization decisions

        D    State Availability of    Provides guidance and checklists       *       *
             Information Guidance     on the equivalence of State
             (§  3006(f))              availability of information

        E    Schedules of Compliance  Provides guidance on the develop-
                                     ment of schedules of compliance                *
                                                 1.1-9

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                                                  OSWER  DIRECTIVE  #9540.00-9


                                   CHAPTER 1.2

                                   DEFINITIONS


            Terms frequently used in this manual are defined below.
       Other items are. defined in 40 CFR Parts 260 and  270.

            Action Memorandum is a transmittal memorandum prepared by the
       EPA Regional Office for the purposes of obtaining signatures from
       the appropriate concurring EPA Headquarters offices.

            Annual State Grant Work Program is an agreement negotiated
       annually between the State and EPA Regional Office delineating the
       work activities to be completed by the State as  a condition of the
       RCRA grant for that year.

            Application Approval Process is the procedure by which
       applications for final authorization will be reviewed and
       determinations made within each Regional Office  and Headquarters.

            Complete Application is the State's official application that
       has been determined by EPA to be complete.

            Draft Application is a preliminary verision of the.official
       application.

            Headquarters Review Team is an established  group of EPA staff
       representing the concurring Headquarters offices (i.e., Office of
       Solid Waste, Office of General Counsel, and Office of Waste Programs
       Enforcement) responsible for reviewing the draft applications and
       complete applications.

            Headquarters Review Team Leader is responsible for coordinating
       the efforts of the Headquarters Review Team and  coordinates the
       transmittal of a single set of written review comments  to the State
       Coordi nator.

            HSWA Provisions are elements of the Federal RCRA program that
       are implemented pursuant to the Hazardous and Solid Waste Amendments
       of 1984.

            Modification refers to the State process to complete changes
       to its program.  The term "modification" also means the actual
       change itself.

            Official Application is the formal State application for final
       authorization submitted to EPA by the Governor.
ft
                                      1.2-1

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     Pre-Application Statutory Review is the optional EPA review
of State statutes prior to the State's submission of a draft or
official application.

     Pre-HSWA or Base Program provisions are those requirements
imposed pursuant to statutory authority that was in place prior
to the enactment of HSWA.

     Regional Liaison is the Headquarters Review Team member that
is designated to review and coordinate comments for all State
applications from a particular Region.  The Regional Liaison
should maintain day-to-day contact with the State Coordinator.

     Regional Workshop is an established team of EPA Regional. Office
staff responsible for reviewing the draft application and complete
application.  The Workgroup must represent all of the concurring
Divisions and Offices (i.e., Office of Regional Counsel, and Waste
Management Division) within the Regional Office.

     RCRA Program includes all provisions pursuant to HSWA or other
statutory amendments to RCRA and encompasses the entire Federal
hazardous waste program.

     State Coordinator is the EPA Regional Office contact responsible
for coordinating and consolidating the review, comments generated by
the Regional Workgroup and the headquarters' Review Team on the
Stat submittal.  The State Coordinator should maintain day-to-day
contact with the Regional Liaison.

     State Program Revision refers to the process which incompasses
the time and actions necessary for the State to subsequently submit
documentation regarding its modification to EPA and for EPA to
review and approve the State program modification.
                               1.2-2

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                                          OSWER DIRECTIVE  #9540.00-9


                           CHAPTER 1.3


        STATE PROGRAM REQUIREMENTS FOR FINAL AUTHORIZATION
Introduction

     RCRA establishes the basic standards that State hazardous
waste programs must meet in order to qualify for final authorization.
EPA further interpreted these statutory requirements by promulgating
regulations at 40 CFR Part 271.  The regulations provide detailed
requirements that State programs must meet and set forth the form
and content of the State's application for final authorization.
In reviewing State applications, EPA is required to determine
that States satisfy these statutory and regulatory standards.

     The purpose of this chapter is to provide more specific
guidance concerning how State programs can satisfy the final
authorization requirements.  Appropriate portions of the final
authorization regulations are reproduced here to present the
State program requirements.  In many cases, the regulatory
requirements are explicit and need no further explanation.  For
other regulatory provisions, additional discussion is provide'd in
the text of this chapter to more clearly define those State
program features that will be -acceptable or necessary for final
authorization.

     The statutory and regulatory requirements presented in this
chapter apply to both the base program and the HSWA program,
except where specifically indicated otherwise.  The changes to
the State program requirements that were brought about by HSWA
are clearly noted.  (For HSWA changes see pages 2 and 17-19 of
this chapter.)  The schedules for States to pick up the Federal
program changes are discussed in Chapter 1.5.

Statutory Requirements for Final Authorization

     RCRA establishes a different and more difficult test for
States applying for final authorization than for interim
authorization.  States applying for interim authorization must
have programs "substantially equivalent" to the Federal program.
State programs applying for final authorization are subject to
the following statutory standards:

     (1)  They must be "equivalent" to the Federal program  (RCRA
          Section 3006);

     (2)  They may not impose any requirements "less stringent"
          than the Federal requirements (RCRA Section 3009);

     (3)  They must be "consistent" with the Federal program and
          other State programs (RCRA Section 3006);

                               1.3-1

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     (4)   They may,  however,  impose requirements which are "more
          stringent" than those imposed by Federal regulations (RCRA
          Section 3009);

     (5)   They must  follow specific procedures for public "notice
          and hearing"  in the permitting process (RCRA Section
          7004);  and

     (6)   They must  "provide adequate enforcement" (RCRA Section
          3006).

In 1984,  HSWA added  a seventh statutory test:

     (7)   They must  provide for the public availability of
          information "in substantially the same manner, and
          to the  same degree" as the Federal program.

     In reviewing State final authorization applications, EPA
is required to determine that States satisfy these statutory
standards.  A summary of the RCRA standards that State programs
must'meet for final  authorization is presented in Table 2.
                             Table 2

               Requirements for Final Authorization
RCRA Standard
1. Equivalent Program
§3006(b)
2. No Less Stringent
Program - §3009
3. Consistent Program -
§3006(b)
4- More Stringent
Program - §3009
5. Adequate Enforcement -
§3006(b); §7004(b)(l)
6. Notice and Hearing in
the Permit Process -
§§7004(b)(l) & (2)
7. Availability of
Information - §3006(f)
EPA
Regulations
(40 CFR)
271.9-13
271.9-14
271.4
Not
Applicable
271.15-16
271.14
271.17
State Application
Program Description,
£\\j oco-uement. o.nu.
MOA
Program Description
and AG Statement
Program Description
Program Description
AG Statement and MOA
Program Description,
AG Statement and MOA
Program Description,
AG Statement and MOA
     Note: The seventh standard was added by HSWA.
                                 1.3-2

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Key EPA regulations generally corresponding  to  these statutory
standards are  identified in the table.  The  table  also indicates
the appropriate  section(s) of the State's application where
the State should demonstrate that it satisfies  the RCRA require-
ments.  Chapters 2.2-2.4 in the second section  of  this manual
describe how the State's initial application should address
these standards  and Chapters 3.2-3.4 describe how  a State
revision application should make this demonstration.

RCRA Standard  #1 and RCRA Standard #2 - Equivalent and
No Less Stringent Program

     RCRA §3006(b)  requires that State final authorization programs
be "equivalent"  to the Federal Program.  RCRA §3009--prohibits States
from imposing  requirements which are "less stringent that those
authorized under this subtitle."

     Taken together,  these two sections mean that  all States
applying for final  authorization must demonstrate  that their
requirements are equivalent to and at least  as  stringent as
the Federal requirements.   This does not mean that States have
to implement their  programs in exactly the same way that EPA
does.  State provisions can differ as long as they address all
of the Federal program requirements and include requirements
which are equivalent to and at least as stringent  as the com-
parable Federal  program requirements.  The following six sections
provide guidance on necessary State authority to meet these
two tests.

     1.  Requirements for Identification and Listing - §271.9

                       } 271.9 Requirements for Identification
                       and Hating of hazardous waste*.
                         (a) The State program miut control all
                       the hazardous wastes controlled under
                       40 CFR Part 261 and must adopt a list of
                       hazardous wastes and set of
                       characteristics for identifying hazardous
                       wastes equivalent to those under 40 CFR
                       Part 281.


     The universe of wastes which the State  controls must include
all the hazardous wastes controlled by the Federal program.  The
State must adopt a  list of hazardous wastes  and a  set of
characteristics  for identifying hazardous wastes.   The State's
list and characteristics need not be identical  to  EPA's as long
as the State can demonstrate that it regulates  all of the wastes
controlled by EPA.   To the extent that the State's method for
identifying and  listing wastes differs from  the Federal approach,
the State's demonstration of equivalent coverage becomes more
difficult, particulary where the State's set  of characteristics
is different.  A State is free to control additional wastes if it
desires.  (For a discussion of State "delisting" programs,  see page
1.3-13.)


                               1.3-3

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             2.    Requirements  for  Generators -  §271.10
1271.10  Requirement* for  genenton of
   hazardous'
  (a) The State program must cover
all generators covered by 40 CFR Part
262. States must require new genera-
ton to contact the State and obtain an
EPA   identlcfiatlon  number before
they perform  any activity subject to
regulation under the approved State
hazardous waste program.
  (b) The State shall have authority to
require and shall require  all genera-
tors to comply with reporting and rec-
ordkeeping requirements equivalent to
those under 40 CFR 2i52.40 and 262.41.
States must require  that  generators
keep these records at least 3 years.
  (c) The State program must require
that generators who accumulate haz-
ardous wastes for short periods of time
comply with  requirements  that are
equivalent to the requirements for ac-
cumulating hazardous wastes for short
periods of time under 40 CFR 262.34.
  (d) The State program must require
that generators comply with require-
ments that  are  equivalent to the re-
quirements  for  the packaging, label-
ing, m^rmng.  and placarding of haz- .
ardous waste under 40 CFR  262.30 to
262.33, and  are consistent with rele-
vant DOT regulations under 49 CFR
Parts 172.173.178 and 170.
  (e) The State program shall provide
requirements respecting  International
shipments  which are .equivalent to
those  at 40 CFR 262.50. except that
advance  notification of  international
shipments,  as  required  by  40  CFR
262.5(KbXl). shall be filed with the Ad-
ministrator. The State  may require
that a copy of such advance notice be
filed with the State Director, or may
require  equivalent reporting  proce-
dures.
  NOTE Such notlcem shall be mailed to Haz-
ardous Waste Export. Office of Internation-
al Activities  (A-106). U.S.  Environmental
Protection Agency. Washington D.C. 20460.
  (f) The State must require that all
generators of  hazardous  waste who
transport (or offer for transport) such
hazardous waste off-site:
  (1)  Use a  manifest  system that  en-
sures  that  Interstate  and  Intrastate
shipments of hazardous waste are des-
ignated for  delivery, and. in the case
of intrastate shipments, are  delivered
to facilities that are authorized to op-
erate  under an  approved  State  pro-
gram  or  the  federal program. The
manifest system must include the use
of  manifest  form  as  required  by
g262.20(a>  and  1262.21.  No other
manifest form, shipping document, or
information, other than that required
by federal law, may be required by the
State to travel with the shipment.
  (2) Initiate the manifest and  desig-
 nate on  the  manifest  the storage,
 treatment, or disposal facility to which
 the waste is to be shipped;
   (3) Ensure that all wastes offered for
 transportation are accompanied by the
 manifest,  except in the case of ship-
 ments by  rail or water specified in 40
 CFR 262.23 (c) and (d) and I 262.20 (e)
 and (f). The State program shall pro-
 vide requirements for shipments by
 rail or water equivalent to. those under
 40 CFR 262.23 (cl and (d) and | 263.20
 (e) and (f).
.   (4)   Investigate   instances   where
 manifests have not been returned by
 the owner or operator of the designat-
 ed facility and report such instances to
 the State  in which the shipment origi-
 nated.
   (g)  In the case  of Interstate ship-
 ments for which the manifest has not
 been  returned, the  State program
 must provide  for  notification  to the
 State in which the facility designated
 on the manifest is located and to the
 State in which the shipment may have
 been delivered (or  to EPA in the case
 of unauthorized States).
   (h) The State must follow the Feder-
 al manifest format  (40 CFR 262.21)
 and may supplement the  format to a
 limited extent subject to  the  consist-
 ency  requirements of  the Hazardous
 Materials  Transportation  Act (49
 U.S.C. 1801 et seq.).
   (1) A State that supplies the mani-
 fest form required by I 262.20(a) may
 preprint Information on the form only
 as follows:
   (1) In items  A .and L. a  State mani-
 fest document number (EPA  Form
 8700-22. items A: EPA Form 8700-22A.
 itemL):
   (11) In Items 11 and 28. a hazardous
 materials (BM) column for use in dis-
 tinguishing between  federally regulat-
 ed wastes and other materials accord-
 Ing to 49 CFR 172.201( a)( 1):
   (ill) Anywhere on the form, light or-
 ganizational marks to indicate  proper
 placement of  characters or to facili-
 tate data entry.
   (lv) Anywhere In the margin of the
 form or on the back of the form, any
 Information or Instructions that do
 not require generators,  transporters,
 or owners or  operators of hazardous
 waste management facilities to supply
 additional Information:
   (v)  In Item  16.  reference  to State
 laws or regulations following the fed-
 eral certification: and
   (vl)  Abbreviations for  headings  in
 State   optional  information  spaces
 (EPA Form 8700-22. items A-H: and
 EPA Form 8700-22A. items L-Q).
  (2) In addition to  the federally re-
quired information, both the State in
which the generator is located and the
State in which the designated facility
Is located may require  completion of
the following items:
  (1) State manifest document number
(EPA  Form  8700-22.  item  A:  EPA
Form 8700-22A item L):
  (11) For generators. State  generator
identification  numbers  (EPA Form
8700-22. Item B; EPA Form  8700-22A.
ItemM):
  (111)  For   transporters,   telephone
numbers and State transporter identi-
fication numbers (EPA  Form 8700-22.
items C. D. E and P. EPA Form 8700-
22A. items N. O. P and Q);
  (iv) For owners and operators of haz-
ardous  waste management  facilities,
facility telephone number,  and State
facility identification numbers (EPA
Form 8700-22, items G and H);
  (v) Codes associated with  particular
wastes (EPA  Form  8700-22.  item I;
EPA Form 8700-22A. item R);
  (vl) Codes associated with  particular
waste  treatment, storage, or disposal
methods (EPA Form 8700-22, item K;
EPA Form 8700-22A. item T): and
  (vll) Additional waste  description as-
sociated  with particular  hazardous
wastes listed on the Manifest. This in-
formation is  limited to  information
such as  chemical names, constituent
percentages,  and physical state (EPA
Form 8700-22. item J; EPA Form 8700-
22A. item S).
  (3) No State, however,  may Impose
enforcement sanctions on a  transport-
er during transportation  of the ship-
ment for failure of the form to Include
preprinted  information  or optional
State Information items.

    (i) Unless otherwise provided in Part
  271, the State program shall have
  standards for generators which are at
  least as stringent as any amendment to
  40 CFR Part 262 which is promulgated
  after July 1.1984.
                                                   1.3-4

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      The  State must  control all the  generators  that would be
controlled by the Federal  program.    The  State  must have  a manifest
system that meets the  requirements of §271.10(f)  -  (i),  including
the requirement  that generators be held  responsible for  exception
reporting.  However, this  does not preclude the State agency from
tracking  manifests  as  it deems necessary as part  of its  enforcement
program.

       3.   Requirements  for  Transporters  - §271.11



                               1 271.11  Requirements for tmuportcn of
                                (a) The State program must cover
                               all transporters covered by 40  CFR
                               Part 263. New transporters must be re-
                               quired to contact the State and obtain
                               an EPA Identification  number  from
                               the State before they accept hazard-
                               ous waste for transport.
                                (b) The State shall have the author-
                               ity  to require and shall  require all
                               transporters to comply with record-
                               keeping  requirements  equivalent  to
                               those found at 40 .CFR 263.22. States
                               must require that  records be kept at
                               least 3 years.
                                (c) The State must require the trans-
                               porter to carry the manifest during
                               transport, except in the case of ship-
                               ments by rail or water specified in 40
                               CFR 263.20 (e) and (f )  and to deliver
                               waste only to the facility designated
                               on the manifest. The State program
                               shall provide requirement for  ship-
                               ments by rail or water equivalent to
                               those under 40 CFR 263.20 (e) and (f ).
                                 For hazardous wastes that are
                               discharged In transit,  the State pro-
                               gram must require that transporters
                               notify appropriate  State, local,  and
                               Federal agencies of such discharges.
                               and clean up  such wastes, or take
                               action so that  such wastes do not
                               present a hazard to human health or
                               the environment. These requirements
                               shall be equivalent to those found at
                               40 CFR 263.30 and 263.31.

                                 (e) Unless otherwise provided in Part
                                271, the State program shall have
                                standards for transporters which are at
                                least as stringent as any amendment to
                                40 CFR Part 263 which is promulgated
                                after July 1. 1984.
                                          1.3-5

-------
      The  State  must control  all transporters  that are covered in
the Federal  program.

      4.   Requirements  for Facilities  -  §271.12
    9271.12 Requirement*   for  hazardous
       waste management facilities.
     The State shall have standards for
    hazardous waste  management facili-
    ties which are equivalent to 40 CFR
    Parts 264 and 266. These standards
    shall include:
     (a) Technical standards for tanks.
    containers, waste piles, incineration.
    chemical, physical and biological treat-
    ment facilities, surface impoundments.
    landfills, and land treatment facilities:
     (b)  Financial responsibility  during
    facility operation;
     (c) Preparedness for and prevention
    of discharges or releases of hazardous
    waste; contingency plans and emergen-
    cy  procedures to be  followed  in the
    event of a discharge or release of haz-
    ardous waste;
     (d) Closure and post-closure require-
    ments  including  financial require-
    ments to ensure  that money will be
    available for closure  and post-closure
    monitoring and maintenance;
     (e) Groundwater monitoring;
  (f) Security to prevent unauthorized
access to the facility;
  (g) Facility personnel training;
  (h) Inspections, monitoring,  record-
keeping, and reporting;
  (1)  Compliance with  the manifest
system, including the requirements
that  facility  owners  or operators
return a signed copy of the manifest
to the generator to certify delivery of
the hazardous waste shipment;
  (J) Other requirements to the extent
that  they are  included  in 40 CFR
Parts 264 and 266.
       The State  must have technical permitting standards that  are
equivalent  to and  no  less  stringent  than the  Federal- standards  at
Part  264.   For  each requirement  in Part 264,  the State  needs  to
demonstrate that  it has  a  regulatory counterpart that  is  at  least
as stringent as the Federal provision.   Due to  the  nature of  the
financial responsibility requirements  of Subpart H,  separate
guidance has been  provided in  Appendix B which  presents acceptable
financial mechanisms  for final authorization.


       5.   Requirements for  Permitting - §§271.13  and .14

                             5 271.13  Requirements with respect to
                             permits and permit applications.
                              (a) State law must require permits for
                             owners and operators of all hazardous
                             waste management facilities required to
                             obtain a permit under 40 CFR Part 270
                             and prohibit the operation of any
                             hazardous waste management facility
                             without such a permit, except that
                             States may, if adequate legal authority
                             exists, authorize owners and operators
                             of any facility which would qualify for
                             interim status under the Federal
                             program to remain in operation until a
                             final decision is made on the permit
                             application, or until interim status
                             terminates pursuant to 40 CFR 270.73(b)
                             through (f). When State law authorizes
                             such continued operation  it shall require
                             compliance by owners and operators of
                             such facilities with standards at least as
                             stringent as EPA's interim status
                             standards at 40 CFR Part 265.
                                        1.3-6

-------
  (b) The State must require all new
HWM  facilities to  contact  the State
and  obtain  an  EPA  identification
number  before  commencing  treat-
ment, storage, or disposal of hazardous
waste.
  (c) All permits issued by the State
shall  require  compliance  with  the
standards adopted by the State under
I 271.12.
  (d) All permits issued  under State
law prior to the date of approval of
final authorization shall  be reviewed
by the State Director and modified or
revoked and reissued to require com-
pliance with the requirements of this
part.

B 271.14  Requirement! for permitting.
  All State  programs under this sub-
part must have legal authority to im-
plement each of the following provi-
sions and must be administered in con-
formance  with  each;   except that
States are  not precluded from omit-
ting or  modifying any  provisions to
impose more stringent requirements:
  (a) Section 270.1(0(1 >—(Specific in-
clusions);
  (b) Section 270.4—(Effect of permit);
  (c)  Section  270.5—(Noncompliance
reporting);
  (d)  Section 270.10—(Application  for
a permit);
  (e) Section 270.11—(Signatories);
  (f) Section 270.12—(Confidential in-
formation);
  (g) Section 270.13—(Contents of Pan
A):
  (h) Sections 270.14 through  270.29-
(Contents of Pan B);
  INorr: States need not use a  two pan
permit application process. The State appli-
cation process must, however, require infor-
mation in sufficient detail to satisfy the re-
quirements of il 270.13 through 270.29.)
  (i)    Section    270.30—(Applicable
permit conditions);
  (j)  Section  270.31—(Monitoring re-
quirements);
  (k)   Section  270.32—(Establishing
permit conditions);
  (1) Section 270.33—(Schedule of com-
pliance);
  (m)  Section 270.40—(Permit trans-
fer);
  (n) Section  270.41—(Permit modifi-
cation);
  (o) Section 270.43—(Permit termina-
tion);
  (p) Section 270.50—(Duration);
  (q) Section 270.60—(Permit by rule);
  (r)  Section 270.61—(Emergency per-
mits):
  (s) Section 270.64—(Interim permits
for UIC wells);
  (t) Section 124.3(a>—(Application for
a permit);
  (u) Section 124.5 (a), (c),  (d)—(Modi-
fication of permits);
  (v) Section 124.6  (a),  (d). and -
(Draft permit);
  (w) Section 124.8—(Fact sheets);
  (x)    Section   124.10 . (aXIXii).
(aXIXiii).  (aXIXv), (b),  (c), (d). and
(e)—(Public notice);
  (y)  Section  124.11—(Public com-
ments and requests for hearings);
  (z) Section  124.12(a)—(Public hear-
ings); and

              1.3-7

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     All facilities that would be required to receive RCRA permits
under the Federal program must be required to receive permits from
the State.  Also, those facilities without RCRA permits but that
qualify for Federal "interim status" must be required to comply
with State permit conditions or the State's analogue to Federal
"interim status" standards which are at least as stringent as the
EPA regulations at Part 265.  (See also amendment to §271.13(a)
discussed on page 1.3-18.)

     The procedures that State programs need to provide for when
issuing permits are identified in §271.14.  This regulation refers
to aspects of the Federal permitting program (Parts 270 and 124)
which the State must have equal authority to address.  States need
not implement provisions identical to all the requirements identified
in §271.14; however, alternate provisions must establish requirements
that are at least as stringent as those in Checklist V (see Appendix
A).

     Some of the requirements in parts 270 and 124 are primarily
procedural in nature; that is, they bind the permitting authority
(State or Federal) to act in a certain manner but generally do not
impose requirements on the permittee or permit applicant.  These
requirements are noted in Checklist V.  Three examples of these
procedural requirements are:

     0  The requirement for a 45-day public comment period on draft
        permits (§124.10).

     0  The requirement to give public notice of the issuance of
        emergency permits (§270.61).

     0  The requirement to broadcast notice of permit actions over
        local radio stations.

     It is preferable for the State to have these procedures in
regulations (in the same manner as the Federal program at Parts 270
and 124).However, lacking adequate regulatory provisions, the
State may be able to agree in its MOA to carry out the permitting
procedure in accordance with the requirements for final authorization.
In order for this approach to be acceptable, the State Attorney
General must review the terms and conditions of the MOA and certify
that (1) the State has the authority to enter into the agreement,
(2) the State has the authority to carry out the agreement, and  (3)
no applicable State statute (including the State administrative
procedure act) requires that the procedure be promulgated as a rule
in order to be binding.  The MOA must then contain an unequivocal
State commitment to apply the procedures to each permit.  Further,
when a State will be processing a permit application (or terminating
or modifying a permit) using procedures that are not specified in
its regulations, notice of each draft permit must inform the public
that the procedures to be followed in processing the permit are
derived from the MOA as well as directly from State laws and
regulations.  The State must agree in the MOA to include this
information in each notice.


                               1.3-8

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     The degree to which this approach may be legally acceptable
will vary by State, depending on the State's legal authorities in
the areas of hazardous waste regulation and administrative pro-
cedures.  The State may not use the MOA to adopt procedures which
directly conflict with State laws or regulations (e.g.,  the State
agrees to provide for a 45-day public comment period even though
the State's regulation sets a maximum 30-day comment period).

     6.  Variance, Waiver and Compliance Schedule Provisions

     Many States have statutory or regulatory waiver, variance,
or compliance schedule provisions that allow the State to grant
regulatory relief to members of the regulated community on a
case-by-case basis.  Generally a waiver relieves a party from
complying with a particular requirement altogether.  A variance,
on the other hand, changes the substantive requirement for
compliance.  Compliance schedules only change the date by which
compliance is required.

     The Federal RCRA program allows for exemptions from its
regulations.  The language of Section 3009 of RCRA precludes
the use of variance and waiver provisions by the State that
would render the State program less stringent than the Federal
program.  If the State's variance or waiver authority is broader
than that for the Federal program (i.e., it allows greater
deviation from the State's regulations than the Federal program
would), the State provision may be acceptable if the provision is
of such a nature that it can be invoked only at the discretion of
the State agency.  In this case,- the State must agree in its MOA
not to use the waiver or variance so that it would result in the
imposition of any requirement less stringent than comparable
Federal program requirements.  Additionally, the Attorney General
must certify that State law allows the State agency to agree to
limit its use of the waiver provision in this fashion.  The State
must also agree in the MOA to inform EPA of the issuance of any
variance or waiver (see page 2.4-9).

     If, however, the State's variance or waiver authority is
not discretionary, that is, the State's statute or regulation
would require the granting of variances in certain situations
that would render the State program less stringent, the option
above would not be available as a means of satisfying §3009 and
obtaining final authorization.

     Section 270.33 of the Federal regulations provides that
Federal permits may specify schedules leading to compliance.
States may similarly use their authority to issue compliance
schedules or temporary variances which operate as compliance
schedules analogous to the Federal program.  Therefore,  State
compliance schedule provisions analogous to §270.33 are not an
impediment to final authorization.
                               1.3-9

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RCRA Standard #3 - Consistent Program

     Section 3006 (b) of RCRA requires that authorized State
programs must be "consistent with" the Federal RCRA program
and other State programs.   The call for consistent State
programs must be balanced with the provision of §3009 that
allows States to impose requirements which are more stringent
than the Federal regulations.  For this reason, EPA will apply
the consistency test as narrowly as possible,  limiting its
application to only those areas described in 40 CFR 271.4.

     Under §1005 of RCRA,  two or more States may enter into
interstate compacts or agreements to provide for cooperative effort
and mutal assistance for the management of hazardous (and/or solid)
waste and the enforcement of their respective laws relating thereto.
No such compact or agreement is binding on the parties to it until
it has been approved by the Administrator and Congress.  Similarly,
under §5(e) of the Low Level Radioactive Waste Policy Act Amendments
of 1985, States may enter into compacts as may be necessary to
provide for the establishment and operation of regional disposal
facilities for low level radioactive waste.  These compacts do not
take effect until Congress has by law consented to the compact.
Since the Congress has explicitly provided in the statutes that
these interstate compacts are appropriate and since the compacts
must individually receive Congressional approval, the establishment
of such interstate compacts will not cause a State program to be
deemed inconsistent.
     The following sections briefly explain such consistency
ments found in §271.4.  For each of these requirements examples are
presented to illustrate questions that States may face regarding
program consistency.

     1 .   Interstate Movement of Wastes - §271. 4 (a)

     This test of consistency applies to State controls that
restrict the interstate transportation of waste.  Examples of
controls that are inconsistent under this requirement include:

     0  State requirement (law/regulation/policy) which bans
        the importation of hazardous waste from out of State.

     0  State requirement which sets geographic standards of
        discrimination (treats out-of-State waste differently
        than in-State wastes), such as a State policy which
        denies permission to import wastes unless there is
        insufficient waste mangement capacity available in the
        State of waste origin.

     0  State exclusive reciprocity agreement which in effect
        allows importation of wastes only from the States which
        are parties to such agreements.
                               1.3-10

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States with these types of restrictions are strongly urged to
r.epeal them.  If this is not possible, then the requirements must
somehow be rendered unenforceable.  For example, if a State has an
importation ban that it is unable to repeal, the AG would have to
issue a formal opinion saying that he will not enforce the ban
because it is unconstitutional.

     2.   Prohibition of Treatment, Storage, or Disposal - §271.4(b)

     This test of consistency applies to aspects of the State law
or program which prohibit treatment, storage or disposal of hazardous
wastes.  Such provisions will not be deemed inconsistent with RCRA
if they are based on protection of human health or the environment.

     Siting.  Some States have siting laws or regulations that
provide for the consideration of social, economic, financial,
capacity, and other factors in site selection in addition to the
human health or environmental impacts.  Such provisions will not
be judged to be inconsistent with RCRA if it is clear that siting
decisions are to be based on health or environmental protection as
well as these other factors.  Thus, siting criteria beyond
environmental protection are allowable.

     A State siting provision that contradicts the express terms
of §271.4 (for example, where the only basis for rejecting a site
is economics), would be an obstacle to final authorization.  It is
quite unlikely that State siting provisions will have no basis in
health or environmental protection.

     EPA will review the State provisions that govern site
selection, including regulations and policies governing siting
boards.  If such provisions on their face are not inconsistent
(per §271.4), EPA does not intend to go beyond the provisions to
hypothesize how decisions will actually be made.

     3.   Manifest System - §271.4(c)

     This test of consistency applies to the State's use of a
manifest tracking system.   The State must follow the EPA tracking
system, including the use of exception and discrepancy reports.
States may build upon that system by matching generator, transporter
and facility copies of the manifest at the State office and still
be "consistent."  An example of a provision which would be in-
consistent under this requirement is a State requirement that the
transporter carry a form with significantly more tracking information
than is Federally required or allowed.  However, the State would be
free to require generators to send more detailed information to the
TSDF prior to receipt of the wastes.

RCRA Standard #4 - More Stringent Program

     In keeping with the intent of §3009 of RCRA, no State
is prohibited from imposing requirements that are more stringent
than EPA's.  .Therefore, States may add requirements which provide


                               1.3-11

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more rigorous  control  of hazardous waste  activities  than  EPA's
regulations or which are broader  in scope  than the Federal program.
It  should  be  noted  that where  an  approved  State program has  a
greater scope  of coverage  than required by Federal law, the  addi-
tional  coverage is  not part of the Federally  approved program.
(See §271.1(i)(2).)


      In addition/ State programs  need  not  include  those Federal
requirements  that serve to exempt  persons  from certain regulatory
requirements.   For  example, States are not required  to provide an
equivalent  "delisting"  mechanism  in order  to  obtain  final
authorization.


RCRA Standard  15 -  Adequate Enforcement

      RCRA  §3006(b)  requires that  State final  authorization programs
"provide adequate enforcement  of  compliance with  the  requirements
of  this subtitle."   Because the adequacy  of State  enforcement
programs is explicitly emphasized by Congress/ EPA must pay  special
attention  to  the review of State  enforcement  authority.   EPA will
examine the inspection, enforcement remedy, and penalty authorities
of  State programs in light of  the  provisions  of RCRA  §3007 and 40
CFR §§271.15  and 271.16.
       1271.15 ItoquirtmcnU  for  compliance
         (a) State program* shall have proce-
       dures for receipt, evaluation, retention
       and Investigation for possible enforce-
       ment of all notices and reports re-
       quired of permittees and other regu-
       lated persons (and for  Investigation
       for possible enforcement of failure to
       submit these notices and reports).
         (b) State programs shall have inspec-
       tion and surveillance procedures to de-
       termine, independent of information
       supplied by regulated persons, compli-
       ance or noncompllance with applicable
       program  requirements.  The  State
       shall maintain:
         (DA program which Is capable of
       making comprehensive surveys of all
       facilities and activities subject to the
       State Director's authority to Identify
       persons  subject  to regulation  who
       have failed to comply with permit ap-
       plication  or other program require-
       ments. Any compilation, index, or in-
       ventory of such facilities and activities
       shall be made available to the Region-
       al Administrator upon request;
         (2) A program for periodic Inspec-
       tions of the facilities  and activities
       subject to regulation. These inspec-
       tions shall be conducted in a manner
       designed to:
         (1) Determine compliance or  non-
       compliance with Issued permit condi-
       tions and other program requirements;
         (11) Verify the accuracy of informa-
       tion submitted by permittees and
       other regulated persons in reporting
       forms and other forms supplying mon-
       itoring data; and
 (111) Verify the adequacy of sam-
pling, monitoring, and other methods
used by permittees and other regulat-
ed persons to develop that informa-
tion:
 (3)  A program for Investigating in-
formation obtained  regarding  viola-
tions  of  applicable  program  and
permit requirements; and
  (4)  Procedures for  receiving and en-
suring proper consideration of Infor-
mation submitted by the public about
violations. Public effort in reporting
violations shall be encouraged, and the
State Director shall make available In-
formation on reporting procedures.
  (c) The State Director and State of-
ficers engaged in compliance  evalua-
tion  shall have authority to enter any
site or premises subject to regulation
or in which records relevant  to pro-
gram operation are kept  in order to
copy any records, inspect, monitor or
otherwise investigate compliance with
the  State  program  including  compli-
ance with permit conditions and other
program  requirements. States whose
 law  requires a search warrant before
 entry conform with  this requirement.
  (d) Investigatory inspections shall be
 conducted, samples  shall be taken and
 other Information shall be gathered in
 a manner (e.g.. using proper "chain of
 custody" procedures) that will produce
 evidence admissible in an enforcement
 proceeding or in court.
                                       1.3-12

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0 271.16  Requirement*  for  enforcement
    authority.
  (a) Any State agency administering
a program shall have available the fol-
lowing remedies for violations of State
program requirements:
  (1) To restrain immediately and ef-
fectively any person by  order or by
suit in State court from engaging  in
any unauthorized activity which is en-
dangering or causing damage to public
health or the environment.

  [NOTE  This  paragraph   requires  that
States have a mechanism (e.g.. an tdrainis-
trative cease and desist order or the ability
to seek a temporary restraining order)  to
stop any unauthorized activity endangering
public health or the environment.]

  (2) To sue in courts of competent ju-
risdiction to enjoin any threatened  or
continuing violation of  any program
requirement,  including  permit condi-
tions, without the necessity of a prior
revocation of the permit:
  (3) To  access or  sue to recover  in
court civil penalties and to seek crimi-
nal  remedies, including  fines, as fol-
lows:
  (1)  Civil penalties  shall be recover-
able  for any program violation in  at
least the amount of $10.000 per day.
  (ii) Criminal  remedies shall be ob-
tainable against any person who know-
ingly transports any hazardous waste
to an unpermitted facility; who treats,
stores, or disposes of hazardous waste
without a permit;  or who makes any
false statement, or representation  in
any   application,   label,   manifest,
record, report,  permit  or other docu-
ment  filed, maintained,  or  used for
purposes  of   program   compliance.
Criminal fines shall be recoverable  in
at least the amount of $10,000 per day
for each  violation, and imprisonment
for at least six  months shall be avail-
able.
  (bxl) The maximum civil penalty or
criminal fines   (as provided in para-
graph (a)(3) of this section) shall be
assessable for each instance of viola-
tion and. if the violation is continuous,
shall be assessable up to the maximum
amount for each day of violation.
  (2) The burden of proof and degree
of knowledge or intent required under
State law for  establishing violations
under paragraph (a)(3) of this section,
shall be no greater than the burden of
proof or degree of knowledge or intent
EPA must provide  when  it brings an
action under the Act.

  CNon: For example, this requirement is
not met if State law Includes mental state as
an element of proof for civil violations.}

  (c) A civil  penalty assessed, sought,
or agreed upon by  the State Director
under paragraph (a)(3) of this section
shall be appropriate to the violation.

  (Note To the extent the State Judgments
or settlements provide penalties In. amounts
which EPA believes to be substantially inad-
equate in comparison to the amounts which
EPA would  require  under  similar facu.
EPA, when authorized by the applicable
statute, may commence separate actions for
penalties.
  In addition  to  the  requirements  of  this
paragraph, the State  may  have other en-
forcement remedies. The following enforce-
ment  options, while  not mandatory, are
highly recommended:
  Procedures for  assessment by the State of
the costs  of investigations,  inspections, or
monitoring surveys which lead to the estab-
lishment of violations:
  Procedures  which  enable the State to
assess or to sue any persons responsible for
unauthorized  activities for any expenses in-
curred by  the State in removing, correcting.
or  terminating any  adverse effects upon
human health and the environment result-
ing from the unauthorized activity, whether
or not accidental:
  Procedures which enable the State to sue
for compensation for any loss or destruction
of wildlife, fish or aquatic life, or their habi-
tat, and for any other damages caused by
unauthorized  activity, either to the State or
to any residents of the State who are direct-
ly aggrieved by the unauthorized activity, or
both: and
  Procedures  for the administrative assess-
ment of penalties by the Director.]

   (d) Any State administering  a  pro-
gram under this subpart shall provide
for public participation  in  the State
enforcement   process  by  providing
either:
   (1) Authority which allows interven-
tion as of right in  any civil action to
 obtain the remedies specified  in para-
 graph (a) (2) or (3) of this section by
any citizen having  an interest which is
or may be adversely affected: or
   (2)(i) Assurance  by the appropriate
State agency  that It will investigate
 and provide written responses to all
 citizen complaints  submitted pursuant
 to  the  procedures   specified   in
 S271.15(b)(4);
                                       1.3-13

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                       (11)  Assurance  by the  appropriate
                     State enforcement authority that it
                     will not oppose  Intervention by any
                     citizen when permissive Intervention is
                     authorized by statute, rule, or regula-
                     tion: and
                       (ill) Assurance by the  appropriate
                     State enforcement authority that it
                     will publish notice of and provide at
                     least  30 days for public comment on
                     all proposed settlements  of civil en-
                     forcement actions,  except  In cases
                     where a settlement requires some im-
                     mediate action (e.g.. cleanup) which if
                     otherwise delayed could result in sub-
                     stantial damage to  either public
                     health or the environment.
                     (Clean Water Act (33 U.S.C. 12S1 et seq.).
                     Safe Drinfcinc Water Act (42 U.S.C. 300f et
                     §eq.). Clean Air Act (42 U.S.C. 7401 et seq.).
                     Resource Conservation and  Recovery Act
                     (42 U.S.C. 6901 et teq.): sees. 1000. 2002(a).
                     3000 and 7004 of the Solid Waste Disposal
                     Act. as amended by the Resource Conserva-
                     tion and Recovery  Act of 1976 cRCRA). as
                     amended. (42 U.S.C. 6905. 6912ta). 6926 and
                     6974))
                     (48 FR 14248. Apr. 1. 1983. as amended at 48
                     FR 39022. Sept. 1. 1983. 49 FR 7372. Feb. 29.
                     1984]

     Once authorized, the  State program operates in lieu  of the
Federal  program.   EPA retains  its  right to exercise its enforcement
responsibilities  in authorized States, though  the requirements EPA
enforces in that  case are  the  State's requirements.

     40  CFR 271.16(a)(2) requires  States to have authority to
enjoin violations of  State  hazardous waste regulations and permits.
This provision  specifically  requires that States applying for final
authorization have the  authority "to sue in courts of competent
jurisdiction to enjoin  any  threatened or continuing violation of
any program requirement, including permit conditions, without the
necessity of a  prior  revocation of the permit."   Authority over
threatened violations is required  so that States may enjoin
regulatory violations about  to occur even though the threatened
violations may  not rise  to  the level of an imminent hazard
(§271.16(a)(l) ).

     Questions  have arisen about what type of  legal authority States
must demonstrate  to comply  with this provision.   Several  options
are available.  First,  the  State analogue to RCRA §3008 may provide
the necessary authority.   This authority may be  explicit  or, as  in
the case of Section 3008,  implicit  in the authority to enforce
Subtitle C regulations.  Alternatively, it is  sufficient  for a
State  to establish that  general authority or case law authority
exists for a State court of  competent jurisdiction to grant the
State  injunctive  relief  (whether preliminary or  permanent) in cases
involving threatened violations.   Stated another way, if  a State
Attorney General  is able to demonstrate that the State courts are
generally empowered to  grant injunctive relief and that such'relief
could  be granted  to the  State  in a  suit to enjoin a threatened
violation of a  program  requirement  or permit condition,  then the
State  program would comply  with §271.16(a)(2).

                                  1.3-14

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     States will need to provide for both civil and criminal
penalti.es, and must have the authority to levy such penalties
in the amount of at least $10,000 per day as specified in
§271.16(a)(3).  These penalty levels are necessary to ensure
effective State enforcement programs and to minimize the need
for EPA to take civil or criminal enforcement actions in an
authorized State.  Therefore, the State must demonstrate that
it has the authority to seek the penalty levels required by
§271.16(a)(3)(i).  However, the actual fine which will be sought
or ultimately recovered in an enforcement case is not a final
authorization issue.

     The requirement in §271.16(d) concerning public participation
in the enforcement process may be satisfied through agreement in
the MOA between the State and EPA accompanied by a certification by
the State Attorney General (see page 2.3-10).  Also note that
§271.16(d) does not require the State program to have a citizen
suit provision comparable to EPA's (§7002 of RCRA).  The State is
not required to have statutory or regulatory authority equivalent
to §7002 in order to obtain final authorization.

RCRA Standard #6 - Notice and Hearing in the Permit Process

   RCRA §7004(2) stipulates that no State permit program may be
authorized unless it:  (1) provides notice of its intent to issue
a permit through publication in "major local newspapers of general
circulation"; (2) broadcasts such notice over local radio stations;
(3) provides written notice to certain State and local government
agencies; (4) provides for at least a 45 day public comment period;
and (5) holds an informal public hearing if one is requested during
the comment period.  (See also §271.14.)  As is the case with other
procedural aspects of the permitting process, if the State has the
authority, it may agree in its MOA to adhere to these procedures' if
they are not required by the State's regulations.  Further discussion
of such agreements is provided on page 1.3-8.

     The State need not use the term "informal public hearing";
the pertinent requirement is that the State hearing procedure
be of  the same nature of that described in RCRA §7004(b)(2) and
further defined in 40-CFR 124.12.   The RCRA hearing is one that
is purely legislative in nature (i.e., not an "evidentiary hearing"
as provided for in Subparts E or F of 40 CFR Part 124) and at
which  oral or written statements and data concerning the draft
permit may be submitted by any interested person.  Additional
discussion can be found at 45 FR 33405 and 33406 (May 19,  1980).

     Where a State employs hearings of the nature of an
"evidentiary hearing",  it should ensure that its evidentiary
procedures also contain procedures analogous to those in 40 CFR
124.12, or else hold an additional "informal" hearing.
                               1.3-15

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RCRA Standard #7 -  State Availability of Information


     RCRA §3006(f),  as  amended by  HSWA, provides that no  State
program may be authorized unless the following two criteria are
met:


      (1)  such program provides for the public  availability
          of information obtained by the State  regarding
          facilities and sites for  treatment, storage and
          disposal of hazardous waste; and


      (2)  such information is available to the  public in
          substantially  the same manner, and  to the same degree,
          as would be the case for  the Federal  program.


This statutory requirement was incorporated  into EPA's .State
authorization regulations at 40 CFR §271.17(c).   (See 50  FR 28754,
July 15,  1985, as amended 51 FR 33722, September 22, 198677


                         1271.17  Sharing of Information.
                           (c) (1) The State program must provide
                          for the public availability of information
                          obtained by the State regarding facilities
                          and sites for the treatment storage, and
                          disposal of hazardous waste. Such
                          information must be made available to
                          the public in substantially the same
                          manner, and to the same degree, as
                          would be the case if the Administrator
                          was carrying out the provisions of
                          Subtitle C of RCRA in the State.
                           (2) A State must revise its program to
                          comply with this section in accordance
                          with 5 271.21{e)(2)(ii). Interim
                          authorization under { 271.24 is not
                          available to demonstrate compliance
                          with this section.
      EPA has interpreted the  first criterion mentioned  above
to  refer to the procedures EPA  employees use in disclosing or
withholding information under the Freedom  of Information Act
(FOIA).   EPA has  interpreted  the second criterion to  refe'r to
the type and quantity of information available under  FOIA and
EPA's FOIA regulations (40 CFR  Part 2, Suparts A and  B).   The
Agency has also concluded that  information regarding  facilities
and sites would at  least cover  information relating to  permitting,
compliance and enforcement, and include information gathered
under RCRA §3007(a)  (or a State analogue).   See 50 FR 28730 and
28753,  July 15, 1985 and 51 FR  33722, September 22, 1986.
Further, because  much or all  of the information obtained by States
could have been obtained by EPA and would  be subject  to the dis-
claimer provision of RCRA §3007(b), EPA has also relied upon that
provision in determining what requirements States must  meet to
satisfy Section 3006(f).


                                  1.3-16

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     States will need  to  adopt  much of the substance of 40
CFR Part 2, Subparts A and  B  in order to meet the standards
of §3006(f).  In evaluating whether a State satisfies §3006(f),
EPA will evaluate the  overall program on a case by case basis.
Failure to adopt every EPA  provision or to parallel EPA's
regulations in every respect  does  not mean that EPA will not
approve the State's program.  EPA  will evaluate the State's
procedures against the statutory standard found in this section.
EPA must be assured that  the  public has the broad access to
information guaranteed under  Federal law.

     In developing an  analogue  to  §3006(f), EPA expects States
generally to adopt regulations.  However, it is possible that
some States may use a  Memorandum of Agreement (MOA) between the
State and EPA as a partial  substitute for regulations.  In deciding
which provisions may be suitable for inclusion in an MOA, EPA has
been guided by three factors:   (1)  are the legal rights of citizens
possibly prejudiced by the  absence of regulations, (2) does the
public have clear notice  of the procedures and requirements that
govern State FOIA requests, and (3) how does the MOA fit into the
State's FOIA-type regulations?

     More detailed guidance regarding authorization requirements
for State availability of information can be found in Appendix D.
Note that this statutory  test will be applied to States initially
applying for authorization  after November 8, 1985.  Previously
authorized States must revise their programs in accordance with
the schedule discussed in Chapter  1.5.

Additional State Program  Requirements Pursuant to HSWA

     The above section on State availability of information
describes one of the major  State program requirements brought
about by HSWA.  Numerous  other  HSWA changes to the Federal program
will need to be picked up by  the State program.  In most cases
these HSWA provisions  will  automatically become authorization
requirements because §§271.9-14 impose a continuing obligation
for the State program  to  remain equivalent to EPA's program.
For example, existing  §§271.12(j)  and 271.13(a) already require
State programs to include State analogues to all Part 264, 266 and
268 requirements and to require facilities with the State equivalent
of interim status to comply with standards at least as stringent
as Part' 265.  EPA anticipates that, with few exceptions, States
will need to adopt analogues  to changes that are made to Parts
260-268 and Part 124.   In addition §271.25 requires States to pick
up self implementing provisions even if EPA has not promulgated
them in regulations.

                     §271.25 HSWA requirements.
                       Unless otherwise provided In Part 271,
                     the State program shall have standards
                     at least as stringent as the requirements
                     and prohibitions that have taken effect
                     under the Hazardous and Solid Waste
                     Amendments of 1984 (HSWA).


                                1.3-17

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      In  some  cases EPA  made specific  amendments to Part 271
to  identify particular  HSWA authorization requirements.   The
following sections present  some  of  these  new  requirements and
provide  a discussion of each one.


      1.   Requirements  for  Identification  and  Listing -  §271.9(b)



                          §271.9 Requirements for Identification
                          and Hating of hazardous wastes.
                            (b) The State i» not required to have a
                          delisting mechanism. A State may
                          receive authorization for delisting if the
                          State regulations for delisting decisions
                          are equivalent to § 28O20(b) and
                          S 260.22, and the State provides public
                          notice and opportunity for comment.
                          before granting or denying delistina
                          requests.                *
      As  indicated in  §271.9(b),  the  State is  not  required  to
adopt an equivalent "delisting"  mechanism in  order to  obtain
final authorization.   However,  if a  State chooses  to delist
wastes,  its  delisting  mechanism  must be  in regulations  and  must
be  equivalent to  §260.22.   Note  that HSWA. changed  the  Federal
delisting program,  and returned  all  RCRA  delisting authorities
to  EPA.   Therefore, any State that would  like for  its  delisting
program  to operate in  lieu of EPA's  must  seek EPA  approval  via
the authorization/revision process.   (See "RCRA Reauthorization
Statutory Interpretation #4", dated  5/1(5/86.)


      2.   Requirements  for  Permitting - §271.13(a).


                            S 271.13 Requirements with respect to
                            permit* and permit application*.
                             (a) State law must require permits for
                            owners and operators of all hazardous
                            waste management facilities required to
                            obtain a permit under 40 CFR Part 270
                            and prohibit the operation of any
                            hazardous waste management facility
                            without such a permit, except that
                            States may, if adequate legal authority
                            exists, authorize owners and operators
                            of any facility which would qualify for
                            interim status under the Federal
                            program to remain in operation until a
                            final  decision is made on the permit
                            application, or until interim status
                            terminates pursuant to 40 CFR 270.73(b)
                            through (f). When State law authorizes
                            such continued operation it shall require
                            compliance by owners and operators of
                            such facilities with standards at least as
                            stringent as EPA's interim status
                            standards at 40 CFR Part 265.
                                      1.3-18

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     HSWA amended the RCRA program to require automatic
termination of interim status if Part B permit applications are
not submitted within specific time frames.  Section 271.13(a)
was amended [51 FR 33712-723, 9/22/86] to assure that State
programs similarly provide for automatic termination of the State
analogue to Federal interim status upon a facility's failure to
submit a Part B application.
                               1.3-19

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                                                  OSWER  DIRECTIVE  #9540.00-9
                                   CHAPTER 1.4

                                APPROVAL PROCESS
Federal  Requirement
§ 271.20 Approval procttt.
  (a) Prior to submitting an application
to EPA for approval of a State program,
the State shall issue public notice of its
intent to seek program approval from
EPA. This public notice shall:
  (1) Be circulated in a manner
calculated to attract the attention of
interested persons including:
  (i) Publication in enough of the largest
newspapers in the State to attract
statewide attention; and
  (ii) Mailing to persons on the State
agency mailing list and to any other
persons whom the agency has reason to
believe are interested;
  (2) Indicate when and where  the
State's proposed submission may be
reviewed by the public;
  (3) Indicate the cost of obtaining a
copy of the submission;
  (4) Provide for a comment period of
not less than 30 days during which time
interested members of the public may
express their views on the proposed
program;
  (5) Provide that a public hearing will
be held by the State or EPA if sufficient
public interest is shown or,
alternatively, schedule such a public
hearing. Any public hearing to be held
by the State on  its application for
authorization shall be scheduled no
earlier than 30 days after the notice of
hearing is published;
  (6) Briefly outline the fundamental
aspects of the State program; and
  (7) Identify a person that an interested
member of the public may contact with
any questions.
  (b) If the proposed State program is
substantially modified after the public
comment period provided in paragraph
(a)(4) of this section, the State shall.
prior to submitting its program to the
Administrator, provide an opportunity
for further public comment in
accordance with the procedures of
paragraph (a) of this section. Provided,
that the opportunity for further public
comment may be limited to  those
portions of the State's application which
have been changed since the prior
public notice.
  (c) After complying with the
requirements of paragraphs  (a) and (b)
of this section, the State may submit, in
accordance with I 271.5, a proposed
program to EPA for approval.  Such
formal submission may only be made
after the date of promulgation of the last
component of Phase II. The  program
submission shall include copies of all
written comments received  by the State,
a transcript recording, or summary of
any public hearing which was held by
the State, and a responsiveness
summary which identifies-the  public
participation activities conducted,
describes the matters presented to the
public, summarizes significant
comments received and responds to
these comments.
                                    •1.4-1

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      (d) Within 90 days from the date of
    receipt of a complete program
    submission for final authorization, the
    Administrator shall make a tentative
    determination as to whether or not he
    expects to grant authorization to the
    State program. If the Administrator
    indicates that he may not approve the
    State program he shall include a general
    statement of his areas of concern. The
    Administrator shall give notice of this
    tentative determination in the Federal
    Register and in accordance with
    paragraph (a)(l) of this section. Notice
    of the tentative determination of
    authorization shall also:
      (1) Indicate that a public hearing will
    be held by EPA no earlier than 30 days
    after notice of the tentative
    determination of authorization. The
    notice may require persons wishing to
    present testimony to file a request with
    the Regional Administrator, who may
    cancel the public hearing  if sufficient
    public interest in a hearing is not
    expressed.
  (2) Afford the public 30 days after the
notice to comment on the State's
submission and the tentative
determination: and
  (3) Note the availability of the State
submission for inspection and copying
by the public.
  (e) Within 90 days of the notice given
pursuant to paragraph (d) of this section.
the Administrator shall make a final
determination whether or not to approve.
the State's program, taking into account
any comments submitted. The
Administrator will grant final
authorization only after the effective
date of the last component of Phase II.
The Administrator shall give notice of
this final determination in the Federal
Register and in accordance with
paragraph (a)(l) of this section. The
notification shall include a concise
statement of the reasons for this
determination, and a response to
significant comments received.
Introduction

     The approval process for State authorization is described generally in
Section 3006(b)  of RCRA.   EE& regulations  at 40 CFR 271.20  (shown above)
define  the   approval  process in  greater detail.  (Also see 271.5(b) and
(c).)  The purpose of this chapter is to present the procedures  that will be
used by the  EPA  Headquarters and Regional  Offices to review applications for
final authorization of State hazardous waste management programs.   By set-
ting forth these procedures in detail the  guidance is intended to:

          Make the States aware of the EPA approval process;

          Provide for Regional and national consistency;

     -    Assign responsibilities to specific groups in both the Region
          and Headquarters, and

     -    Minimize the review and approval time frames.

The guidance suggests an early review of State hazardous waste statutes in
order to identify major deficiencies so  that the States will have sufficient
time to take the necessary legislative actions.  Guidance is also provided
on the review procedures and responsibilities for draft and official State
applications.
                                  1.4-2

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     Section 3006(b) of RCRA provides that a tentative determination^
regarding whether the Agency expects to approve the State program must be
announced in the Federal Register within 90 days of receipt of the State's
official application.  Then, within 90 days of this announcement the final
decision must be published.  Therefore, it is critical that timely reviews
be conducted of the State's official application.

     It should be emphasized that the approval process and timetables pre-
sented in this chapter are designed to move the State into final authori-
zation in a timely manner and with confidence.  Approaches which differ from
the one presented here may result in delay (see 271.5(d)).


General Schedule
     The goal of this approval process is to confer final authorization to
qualified State hazardous waste programs expeditiously and with the statu-
torily  required  public  participation.  Final  authorization for the RCRA
program became available on January 26, 1983, six months after it was
announced in the Federal Register.

     The first step (which is optional) is for the State program to submit
its laws to EPA for a pre-application statutory review.  Subsequently, the
State prepares  a draft application for final authorization following the
guidance provided in this Manual and submits it to EPA for review.  After
EPA review and comment, the State then redrafts its application in response
to EPA comments and issues a public notice of its intent to seek program ap-
proval.  The State must provide a public comment period of at least 30 days
following this notice and, if sufficient interest is shown, a public hearing
must be held.

     Once the State has addressed the public comments, it may  formally
submit its official application for final authorization to EPA.  EPA will
notify the State within 30 days as to Whether the application is complete.
If the application is deemed complete EPA has 90 days from the receipt of
the application to announce in the Federal Register its tentative determina-
tion regarding the approval of the State program.  A public comment period
of at least 30 days follows the proposed decision, and a public hearing is
held if sufficient public interest is expressed.  After considering all of
the comments submitted, within 90 days of the proposed decision EPA must
announce in the Federal Register its final decision whether or not to
approve the State program.

     Figures 1 and 2 illustrate typical timetables of events that will be
followed when a State applies for final authorization.  States are strongly
encouraged to submit their draft applications as early as possible.
I/ A proposed rule will be used as the vehicle for publishing the tentative
   determination and a final rule will be the vehicle for the final determina-
   tion.

                                  1.4-3

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This is of special concern since review of the draft nay indicate the need
for time-consuming regulatory or statutory  changes  that  must be completed
prior to. final  authorization.


Regional and Headquarters Review Teams

     Regional Workgroups and Headquarters Review Teams have been established
to assist States with their applications and to coordinate and manage the
Agency's review and approval of State submittals.  The development of these
two groups as the respective Regional and Headquarters focal points designed
to involve all parties interested in State program authorization is and to
ensure consistency in Agency comments to the States.

     Each Regional Office has a Regional Workgroup coordinated, directed and
chaired by the Waste Management Branch.   As a minimum, the Regional Work-
groups are composed of members from the Hazardous Waste Program and the
Office of Regional Counsel.  Each State is assigned a Coordinator from the
Regional Office.  The State Coordinator will be responsible for reviewing the
application and coordinating and consolidating the review comments generated
by the Regional Workgroup and the Headquarters Review Team on various aspects
of the State submittal.

     The Headquarters Review Teams are composed of personnel from the Office of
Solid Waste (OSW), Office of Waste Programs Enforcement (OWPE) and the Office
of General Counsel (OGC).  The Review Teams are coordinated, directed and
chaired by the State Programs Branch of the Office of Solid Waste.  For each
team a Team Leader has been designated with responsibility for coordinating
the efforts of the team.   Also, each Region is assigned a Regional Liaison
from the Office"of Solid Waste who is responsible for coordinating and
consolidating the review comments generated by the Headquarters Review Team.

     Frequent contact should be maintained between the Regional Workgroup
members and their respective counterpart offices in Headquarters (e.g., the
Regional Waste Management Program and the Office of Solid Waste, the Regional
Counsel and the Office of General Counsel).   This is necessary in order to
ensure that concurring offices remain informed of the positions taken during
the review Process.   The success of the authorization process and cooperation
between EPA and the State depends on EPA's effectiveness in communicating in
a way that accurately reflects the Agency's position on significant issues.


Application Review Process


     The application review process is divided into three distinct stages:

          1.   Pre-application statutory review
          2.   Draft application
          3.   Official application

For each stage of the review process, the specific activities and respon-
sibilities of the Headquarters Review Team and Regional Workgroup have been
defined and time frames for these activities have been established.


                                  1.4-4

-------
     EPA's review of State submittals should result in a clear and uniform
Agency position.   Therefore, EPA should provide the States with a single
consolidated set of comments.   To accomplish this, the Regions and Headquar-
ters will coordinate their comments via the State Coordinators in the Re-
gional offices.

     The Regional Work Group and the Headquarters Review Team are the focal
points for the review of draft and official applications.   Upon receipt of
an application, the State Coordinator logs in and transmits copies to the
Headquarters Review Team Leader and the Regional Workgroup for review.   The
Team leader in turn distributes copies to members of his Review Team.   Head-
quarters Review Team members and Regional Workgroup members are responsible
for ensuring that comments are submitted to the Team Leader on time.

     Headquarters will provide a detailed set of comments on the draft and
official applications that will be transmitted to the State Coordinator by
the Review Team Leader.   These comments will also be summarized and ad-
dressed to the Regional Administrator under the signature of the Assistant
Administrator for Solid Waste and Emergency Response, and the General Counsel.

     The State Coordinator will combine Headquarters comments with the
comments generated by the Regional Office into one set of comments.   The
State Coordinator will resolve with Headquarters any conflicts in consolid-
ating comments before transmitting them to the States.   If Headquarters'
comments on the draft application are accommodated and no new issues are
raised by the public during the public comment periods or by the State in
the complete application, the Regional Office should expect Headquarters'
concurrence on the complete application in an expedited manner.   However,
failure of the State Coordinator to transmit Headquarters' review comments
to the State, or failure by the State to adequately address the issues
raised in such comments, could result either in a delay in final concurrence
or in non-concurrence by the Headquarters offices.

     Final approval of complete applications will be made by the Regional
Administrator with the Assistant Administrator for OSWER and the General
Counsel (see EPA Delegation 8-7) concurring in the action.


Pre-Application Statutory Review


     It is critical that deficiencies in State laws are identified as early as
possible so States will have adequate time to make the necessary legislation
modifications for final authorization.   Therefore, EPA has established an
optional pre-application review to help States identify changes that may be
needed in their laws.  EPA will review State statutes as quickly as resources
allow,  recognizing the timeliness of this effort.

     States are urged to provide to EPA. their hazardous waste statutes and
other statutes that may be invoked to carry out the hazardous waste program
(such as an Administrative Procedure Act), including any proposed or pending
legislative actions.   (Submission of consolidated statutes reflecting all
amendments to the original legislation would help expedite EPA's review).
                                  1.4-5

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The State should complete the "State Legislation Checklist" (see Chapter
2.7) and include it in their submission.   The Statutory review will cover
the specific areas delineated in the "State Legislation Checklist."

     Recognizing that Agency attorneys cannot be experts on all State laws,
the State Attorney General may wish to provide a draft statement, explana-
tory discussion, or supporting evidence regarding State statutory authority.
Otherwise, EPA will perform its review on the face of the State statutes.

     Review of the State statutes should enable early identification of
major statutory problems.   However, without simultaneous review of the State
regulations and the formal Attorney General's Statement, EEA cannot assure
that all statutory deficiencies will surface at this early stage.   State
statutes must provide authority not only to develop a program which meets
EEA requirements, but also to promulgate the specific regulations which the
State has chosen (or will choose) to issue.   Without the State's regula-
tions, EPA cannot comment on whether the States's legislation would author-
ize the specific regulatory program which the State has adopted or will adopt.

     Consolidated Regional and Headquarters comments will be transmitted by
the Regional Administrator to the State Director.


Draft Application


     The development and review of a draft application is an essential part
of the  State approval  process.   A well-prepared and thoroughly reviewed
draft application (properly  revised, if necessary.) should significantly

reduce the time needed to perform the formal review and approval of the com-
plete application.  This process should also result in a sound document to
be presented to the public as the State's proposed application to EPA and
should reduce the possibility of subsequent major changes to the application
that would require additional opportunity for public comment.  The review of
the draft application should be expedited by the pre-application review of
State laws.

     The draft application should contain all of the elements of a complete
application except for the Governor's letter and the "Showing of Public
Participation" (see Chapter 2.5).   However, the State may wish to make
special arrangements with the Regional Office to review partial, drafts of
their application prior to the submission of the complete draft application.
Any deficiencies identified in the preapplication statutory review should be
corrected or explained in the draft application.   Additionally, any changes
made by the State since prior reviews should be clearly identified to facil-
itate EEA's review.   Since the application is in draft form, there is no need
for signatures on the various component documents (e.g., MOA, AG Statement).

     Figure 1 is a flow diagram that summarizes the review procedure for the
draft application.   As indicated in this figure, the goal is to review the
draft applications within 60 days.   However, this timetable assumes that a
pre-application statutory review of the statutes has been completed.   Other-
wise the review may require additional time and effort.
                                  1.4-6

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State Public Notice and Hearing


     Prior to submitting an official application to EPA, the State must give
public notice of its intent to seek authorization and make available to the
public the State's proposed submission.   If sufficient public interest is
shown, a public hearing must be held by the State.   At the request of the
State, an EPA representative may participate as a Panel member at the hear-
ing.   The attendance by EPA will help assure a mutual understanding between
the State and EPA regarding public sentiment toward the application.   The
official application should contain modifications or responses based on the
public comments.   A transcript or summary of the public hearing, copies
of all written comments received by the State and the State's responsiveness
summary, must be included in the State's official application (see Chapter 2.5).
For further details regarding the State public notice and hearing see §271.20(a)
and (b).
                                    *

Official Application


     The official application represents the State's formal submission for
final authorization of its hazardous waste management program.   The applica-
tion must contain  all of the elements described in 271.5 (see Chapters 2.1 -
2.6).   To expedite the review of the application, the State is urged to
identify changes made since the draft application.   Upon receipt of the
application, the State Coordinator should immediately transmit copies to all
Regional reviewers and to the Headquarters' Review Team Leader.   The review
should commence at once since the review timetables must be adhered to
unless the application is deemed to be incomplete.   The major review activi-
ties and the EPA documents resulting from the review are described below.
The review schedule for the official application is diagrammed in Figure 2.
It should be noted that EPA and the State may extend the statutory review
Period by agreement (see 271.5(d)).   Also, any time the State's application
is materially changed, the statutory review period begins again upon receipt
of the revised submission (see 271.5(c)).   This may require the State to
provide another round of public comment before it resubmits its official
application.

     1.   Completeness Determination

     Once the official application has been received in the Regional Office
and transmitted to. all Regional and Headquarters reviewers,  the State
Coordinator must evaluate the application for completeness using the check-
list in Chapter 2.8.   The Regional Administrator must notify the State by
letter within 30 days as to whether or not the submittal is complete.   To
accomplish this the letter should be mailed by Day 25 (see Figure 2).

     If the application is found to be complete, the 90 day review process
is deemed to have begun on  the day EPA received the State's submittal.
However,  if the application is found to be incomplete, the review period is
suspended until all the necessary information is submitted to EPA, at Which
time the 90 day review period is restarted (see 271.5(b)).   If the appli-
cation is incomplete,  the information required to complete the application
should be identified in the Regional Administrator's letter to the State.

                                  1.4-7

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                                  Figure  1

                      Draft Application Review Process
Calendar Day
       45
       50
       55
       60
     Region
                            Log and Transmit
                            Draft Application
                           Workgroup Review
 Comments to State
   Coordinator
                                   I
Draft Consolidated
    Comments
 Finalize Comments
 Transmit Comments
      to State
  Headquarters
                                     1
                             Review Team Leader
                                                        Review Team Review
                                                        Comments to Regional
                                                               Liaison
  Team Comments
From Team Leader
     AA Summary
     of Comments
                                       1.4-8

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     2.   Comments

     The comments from the Regional and Headquarters reviewers should dis-
cuss whether the State should be authorized based: on the information sub-
mitted in its  application.   These  comments should clearly delineate any
problem areas which must be corrected before the State can be authorized.
Also, the comments should provide suggestions or recommended modifications
to the State's application to help rectify any deficiencies discovered in
the review process.   Workgroup and Review Team Comments should be submitted
to the State Coordinator by Day 20 so the Coordinator can begin drafting a
letter to the State and an Action Memorandum and a Federal Register notice
of a proposed rule containing the Agency's tentative decision.   Headquarters
will transmit the AA Summary of Comments by Day 27 indicating Headquarters'
official position on the application.   This summary of comments should
assist the State Coordinator in finalizing the Action Memorandum and the
Federal Register Notice.


     3.   Action Memorandum

     Once the Headquarters Review Team and the Regional Workgroup have
commented on the State's submittal, an Action Memorandum from the Regional
Administrator to the Assistant Administrator for OSWER and the General
Counsel will be prepared by the State Coordinator with concurrence of the
Regional Workgroup members.   This Action Memorandum must contain a specific
recommendation with respect to the tentative decision regarding the approval
of the application.   It should also highlight specific questions or problem
areas and provide some insight into key agreements reached during the drafting
stage.   It is important that the Action Memorandum represent the recommenda-
tions of the Regional Workgroup members and Headquarters Review Team in order
to expedite the concurrence process.   The Action Memorandum should provide
space for Headquarters and Regional Office concurrences and should attacn
the proposed rule of the tentative decision for publication in the Federal
Register.


     4.   Federal Register Notice of Tentative Determination

     A Federal Register notice should be prepared by the State Coordinator
and Regional Counsel based on the comments provided by the Headquarters and
Regional Offices.   The notice must present the Agency's tentative decision
as to whether the State program should be authorized.   The discussion in the
notice should focus on whether the Agency expects the State program to be
authorized.   If the notice indicates that the State program may not be
approved, a general statement of areas of concern shall be included (see
271.20(d)).   The notice must also announce availability  of the State's
application for public review and comment and the schedule for a public
hearing.   Each notice should also say that issues raised by public comments
during the comment period may be the basis for EPA .denying authorization to
a State program.   By Day 70 the Regional Administrator should submit the
Action Memorandum and Federal Register notice to the Headquarters Review
Team Leader.   Concurrences from OGC and OSWER are due within ten working
days.    The Federal Register notice is then submitted for publication so
that it will appear within 90 days of the receipt of the complete application.
                                  1.4-9

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                                  Figure 2

                     Official Application Review Process
Calendar Day

      1


      2


      3


      17


      20


      25


      26


      27


      35
      50


      60


      70
      80
       Region
 Log and Transmit
    Application
 Workgroup Review
Comments to the State
     Coordinator
 Completeness Letter
      to State
 Draft Consolidated
       Comments
  Finalize Comments
  Transmit Comments
       to State
                            Draft Action Memo
                               and FR Notice
                          of Tentative Decision
  Workgroup Review
"y
/
Comments to
State Coordinator
         £
Finalize Action Memo,
 FR Notice  and OFR
     Documents
   Headquarters
       1
Review Team Leader
                              Review Team Review
                              Comments to Regional
                                      Liaison
    Team Comments
  From Team Leader
     AA Summary
     of Comments
  i
Review Team
   Leader
                                                               JL
                                                           Transmit  Documents
                                                                to OFR
                               Obtain AA Concurrences
                                     1.4-10

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Calendar Day


     90


     110



     120


     134



     135


     140


     142



     155



     16D
     170
      180
       Figure 2 (continued)

Official Application Review Process


           Region
    Public Comment Period
             \/
        Public Hearing
               ^
       State Coordinator
          Responds to
        Public Comments
       Workgroup Review
        of Response to
           Comments
    Workgroup Comments to
      State Coordinator
       Revised Response
          to Comments
      Prepare Action Memo
       and FR Notice of
        Final Decision
    Finalize Action Memo,
    FR Notice and OFR
         Documents
   Headquarters
 Publish FR Notice
   of (Tentative
   Determination)
                                    End of OFR Review
                                    Comments to Region
 Review Team Leader
Review Team Leader
                                  Obtain AA Concurrences
                                                       Deliver FR Notice and
                                                       other  Documents  to OFR
                                                                \/
                                    Publish FR Notice
                                    of Final Decision
                               1.4-11

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     5.   Public Information

     Concurrent with the Federal Register notice publication the State
Coordinator will arrange for a notice concerning the Agency's tentative
decision to be published in State newspapers and mailed to interested per-
sons (see 271.20(d)).    In addition,  the State Coordinator and the Head-
quarters Review Team Leader will set up depositories of the State's sub-
raittal for public review in the Regional Office and in Washington, D.C.
Copies should also be available in State depositories.


     6.   Hearing

     The Federal public hearing will be chaired by the Regional Office.
Headquarters may wish to have a representative present or as a member of the
Panel.   The State Coordinator will be responsible for preparing responses to
the public comments and testimony.   These responses should be reviewed by
the Regional Workgroup are to be transmitted to the Headquarters Review Team.
The Review Team will review the Region's response and will transmit any
comments prior to the Region's preparation of the Action Memo and FR Notice
of Final Decision and OFR Documents.
     7.   State Application Amendments

     The State will have the opportunity to respond to EPA's concerns and to
comments raised by -the public.    States will be provided with transcripts or
EPA's official notes from any hearings along with copies of written comments
submitted.   The State may amend its application where appropriate to rectify
any deficiencies identified.   When possible, these modifications should be
submitted to EPA prior to the Federal public hearing.   The State's amend-
ments may strengthen its position at the hearing if they respond to EPA's
concerns.   Any modifications made necessary due to public comment following
the Federal Register notice should be submitted to EPA by Day 140 to allow
40 days for Agency review and final determination.   Any additional State
submittals must be distributed by the State Coordinator to all Regional and
Headquarters reviewers for comments.   It must be recognized that if EPA
determines that the amendments have materially changed the State's applica-
tion, the statutory review period will begin again (271.5(c)), and another
round of State notice and comment period will be required.   EPA also may
need to hold another public hearing or extend the comment period.   In any
event, EPA will review all amendments to the initial application.


     8.   Federal Register Notice of Final Decision

     The State Coordinator, with assistance from the Regional Counsel, must
prepare the Action Memorandum and Federal Register notice regarding the
final decision.   These documents are similar to the ones prepared earlier,
though they must now address the final decision regarding authorization for
the State program.   They contain the same information as the earlier ones.
They will also include EPA's responses to public comments and to any changes
made by the State.   The Action Memorandum and Federal Register notice must
                                  1.4-12

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be received by Headquarters 20 days before the end of the second 90 day
review period (Day 160).

     Each Regional Workgroup member and Headquarters Review Team member has
the responsibility of briefing his/her respective Division Director or
Office Director on the final recommendation in advance of the transmittal of
the Action Memorandum.   This briefing is intended to avoid any unnecessary
delays in the concurrence process.   Coordination of the concurrence proce-
dure remains the responsibility of the Review Team Leader in Headquarters
and the State Coordinator in the Region.

     The Regional Administrator must obtain the agreement" of the concurring
offices within the 90 day statutory review time frame.


     9.   Codification

     The Part 272 process, which codifies approved State programs and
incorporates by reference State statutes and regulations, is incorporated
into the approval process for official applications.  See Figure 2, pages
1.4-10 and 11.   Refer to chapter 1.6 for the procedures and the tasks
that will be handled by Headquarters, the Regional Office, and the State
in the codification of approved State programs.


Effect of Federal Program Changes

     Section 3006(b) of RCRA and §271.3(f) provide that State applications
must address all Subtitle C regulations promulgated 12 months prior to
submission of the State's application and all Federal self-implementing
statutory provisions that were in effect 12 months prior to the submission of
the State's application.   Therefore, any Federal program changes that occured
prior to that date must be included in the State's application.   Failure to
adopt such changes to the Federal program is as significant a problem as the
failure to adopt any of the older RCRA requirements.

     The Federal changes that occur subsequent to that date are handled through
the State program revisions process as discussed in detail in Chapter 1.5.
EPA and the State must view the authorization schedule carefully because seme
State program modifications may be due at the same time the final determination
on authorization is made.

Recordkeepi ng

     It .is essential that the Regions develop an authorization file system
which will provide a comprehensive record of the Agency's decision-making in
the authorization process.   The recordkeeping system should provide a simple,
efficient system for:

     -    Information useful in monitoring the approval process, e.g.,
          tracking stage of completion and need for amendment.,

          Information which can be  used for program planninq, e.g.,
          phasing of the review and approval process; and
                                   1.4-13

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     -    Information which can be used to respond to subsequent changes to
          the application.

The State Coordinator is responsible for maintaining an authorization file
for each State.   The authorization file should contain the following elements:

     1.   A copy of the legislation and regulations and copies of any
          comments from the pre-application review;

     2.   A copy of the draft and complete applications;

     3.   Copies of all comments from the Regional Vforkgroup as they
          pertain to the draft and complete applications,

     4.   Copies of consolidated comments, correspondence and records
          of telephone calls related to the application review from the
          Headquarters Review Team;

     5.   Summaries of meetings and telephone calls with Headquarters,
          the Regional Office and  the State as they pertain to the
          approval process;

     6.   A log which tracks the review of submittals and dates for
          comments,

     7.   Copies of comments and statements from the Regional Admini-
          strator and concurring offices.,

     8.   Federal Register Notices;

     9.   All public comments and responses; and

     10.  Action Memoranda.

     The authorization file is not a public docket file.  The Office of Re-
gional Counsel should be consulted when requests are received for any docu-
ments that are not already public documents (e.g., an Action Memorandum or
any other internal EPA memo).
                                   1.4-14

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                                            CHAPTER  1.5

                                  STATE  PROGRAM  REVISIONS
                                                                  OSWER   DIRECTIVE  #9540.00-9
FEDERAL  REQUIREMENT
     PART 271— REQUIREMENTS FOR
     AUTHORIZATION OF STATE
     HAZARDOUS WASTE PROGRAMS

     • 771.21  Procedure!  for reriiion of State
         program*.
       (a)  Either  EPA  or the  approved
     State may Initiate program revision.
     Program  revision  may be  necessary
     when the controlling Federal or State
     statutory or  regulatory  authority is
     modified or supplemented. The State
     shall  keep EPA fully informed of any
     proposed modifications  to  its basic
     statutory or regulatory authority.  Its
     forms, procedures, or priorities.
       (b) Revision of a State program shall
     be accomplished as follows:
       (1)  The State shall submit  a modi-
     fied  program  description.  Attorney
     General's statement. Memorandum of
     Agreement, or such other documents
     as  EPA determines to be  necessary
     under the circumstances.
       (2) The Administrator shall approve or
     disapprove program revisions based on
     the requirements of this part and of the
     Act. In approving or disapproving
     program revisions, the Administrator
     shall follow the procedures of paragraph
     (b)(3j or (4) of this section.
       (3) The procedures for an immediate
     final publication of the Administrator's
     decision are as follows:
       (i) The Administrator shall issut
     public notice of his approval or
     disapproval of a State program revision:
       (A)  In the Federal Register;
       (B) In enough of the largest
     newspapers in the State to attract
     Statewide attention:  and
       (C) By mailing to persons on  the State
     agency mailing list and to any other
     persons whom the agency has reason to
     believe are interested.
       (ii) The public notice shall summarize
     the State program revision, indicate
     whether EPA intends to approve or
     disapprove the revision and provide for ~
     an opportunity to comment for a period
     of 30 days.
  (iii) Approval or disapproval of a
State program revision shall become
effective 60 days after the date of
publication in the Federal Register in
accordance with paragraph (b)(3J(i) of
this section, unless an adverse comment
pertaining to the State revision
discussed in the notice is received by
the end of the comment period. If an
adverse comment is received the
Administrator shall so notify the State
and shall, within 60 days after the date
of publication, publish in the Federal
Register either
  (A) A withdrawal of the immediate
final decision; or
  (B) A notice containing a response to
comments and which either affirms that
the immediate final decision takes effect
or reverses the decision.
  (4) The procedures for proposed and
final publication of the Administrator's
decision are as follows:
  (i) The Administrator shall issue
public notice of his proposed approval
or disapproval of a State program
revision:
  (Aj ID the Federal Register
  (B) In enough of the largest
newspapers in the State to attract
Statewide attention; and
  (C) By mailing to persons on the State
agency mailing list and to any other
persons whom the agency has reason to
believe are interested.
  (ii) The public notice shall summarize
the State program revision, indicate
whether EPA intends to approve or
disapprove the revision and provide for
an opportunity to comment for a period
of at least 30 days.
  (iii) A State program revision shall
become effective when the
Administrator's final approval is •
published in the Federal  Register.
                                                  1.5-1

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  (c)  States with  approved  programs
shall  notify EPA whenever  they pro-
pose to transfer all or part of any pro-
gram from the approved State agency
to any other State agency,  and shall
Identify any new division of responsi-
bilities among the agencies involved.
The new agency  is not authorized to
administer  the  program   until  ap-
proved by the Administrator under
paragraph 
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INTRODUCTION

     EPA recognizes that hazardous waste management programs will
continue to evolve over the coming years   Many changes in the
Federal program will necessitate subsequent modifications . in
the programs of States that have been granted final authorization,
in order for these State programs to continue to meet the statutory
requirements for authorization (i.e., RCRA §§3006, 3009 and 7004).
Similarly, authorized State programs may wish to independently
undertake modifications; however, it is necessary for EPA to
review such State modifications to ensure that they will not
jeopardize the State's authorization.  Thus, EPA has promulgated
rules (§271.21) for review and approval of modifications to
State programs.  This Chapter explains which program modifications
are of particular interest to EPA and describes procedures for
evaluating those modifications.

     As used in this Chapter, the term "modification" refers
to the State process to complete the changes to its program.
(The term "modification" also means the actual change itself.)
The State program "revision" process encompasses the time and
actions necessary for the State to subsequently submit
documentation regarding its modification to EPA and for EPA to
review and approve the State program modification.

TYPES OF PROGRAM CHANGES

     State programs may be revised in response to changes in the
Federal program or in response to the State's desire to change
its program.

     1.   Federally-Initiated Program Revisions

     RCRA Amendments.  Amendments to the Federal statute normally
give rise to conforming-changes in the Federal regulations.
Federal program changes may also be imposed directly by statutory
amendments; that is, without translation into Federal regulations.
Such changes in the Federal statute may,  in turn,  require
legislative and/or regulatory modifications in State programs.
The Hazardous and Solid Waste Amendments of 1984 (HSWA) have
numerous provisions that are imposed directly by statute.

     Federal Regulatory Changes.   Most changes to 40 CFR Parts
124,  260 through 266, 268,  270, or 271 will trigger the need
for a State program modification.  (Note,  however, that States
need not adopt changes that reduce the stringency or scope of
the RCRA program.)  Some Federal  regulatory changes may be made
in response to legislative amendments, and others may be improve-
ments in technical or administrative requirements.  In the pre-
amble to EPA regulatory actions published in the Federal Register,
EPA will alert States to the need for conforming State program
modifications.  In addition, supplements to this Manual [in the
form of State Program Advisories  (SPA's)]  will be issued to pro-
vide detailed guidance concerning the Federal changes.


                              1.5-2

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     2.   State-Initiated Program Revisions

     Statutory Changes.   State legislatures are currently active
in enacting new legislation that increases or otherwise amends
the States' hazardous waste program authorities.   New legislation
could significantly impact State authority to operate an authorized
program.  States should submit draft legislation,  bills, amendments,
etc., to EPA as early as possible for Agency review and comment
regarding impact on the authorized program.

     Regulatory Changes.  Pursuant to State legislative
requirements, or on its own initiative,  the State agency may
choose to amend its regulations.  Copies of such State regulations
should be submitted as early as possible (e.g., at the draft
stage prior to proposal) to EPA for review and comment regarding
impact on the authorized program.

     Program Changes.  State Agency reorganization, program
changes that would alter the agreements established in the MOA,
administrative changes to forms or priorities, etc., should be
submitted to EPA for review.  Note that the transfer of all or
part of the State program from the approved State agency to any
other State agency must be approved by EPA as a program revision.
Until such approval, new State agencies are not authorized to
administer the program.   (See §271.21(c)).  If a major shift of
responsibilities is made to an unapproved State agency, then the
State's authorization could revert to EPA until the program
revision is approved.  However, changes solely in the internal
structure of the approved State agency,  with no changes in the
overall authority of the agency, do not require EPA approval.
It is critical that the State keep EPA informed of all pending
State program changes so that EPA can determine if a revision
will be necessary.

     Other Changes.  Legal challenges to State regulations or
legislation are not normally considered to be "State-initated"
changes.  However, such legal challenges may result in State
program modifications.  Therefore, it is important for States
to notify EPA of these legal challenges.

CRITERIA FOR APPROVING/DISAPPROVING REVISIONS

     In order for a State to receive final authorization for its
program modification, the State must demonstrate that the change
to its program meets the final authorization tests specified
in RCRA:

     1.  Equivalent program
     2.  No less stringent program
     3.  Consistent program
     4.  More stringent program allowed
     5.  Adequate enforcement
     6.  Notice and hearing in the permit process
     7.  Availability of information                                  ^m


                              1.5-3

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In contrast, the test for interim authorization is that the State
must have a "substantially equivalent program".  Since interim  «
authorization is only available for HSWA provisions and is of
a limited duration, this chapter will primarily focus on final
authorization.  The statutory tests for final authorization
are discussed in detail in Chapter 1.3.  The guidance regarding
the criteria for final authorization that is provided throughout
this Manual applies to State program revisions as well as for
initial final authorization applications.  The following guidance
and examples briefly illustrate how the final authorization tests
will be applied to State revisions.

     1.   Equivalent and No Less Stringent Programs.

     Except as discussed below, EPA will not approve any change
in the State's authorized program (i.e., any change in an area
of the State program which corresponds to an area of the Federal
program for which the State is authorized) which lessens the
stringency or decreases the scope of the State program.  EPA
recognizes that State programs that are more stringent or broader
than the Federal program may make certain program modifications
to those State requirements and still meet the test for final
authorization.  EPA will review such changes carefully in order
to determine whether a State revision is necessary.  It is
important to note that if the review finds that the State has
changed an aspect of its program which is beyond the scope of
the Federally-approved program, such a change does not require
EPA approval.

     2.   Consistent and More Stringent Program.

     Section 3009 allows States to impose requirements "which
may be more stringent than those imposed by [RCRA] regulations"
as long as they are "consistent with Federal or State programs
applicable in other States."  Changes which would make the State
program more stringent will normally require revision since it
impacts the authorized State program.  In addition, such changes
will also be considered in light of the consistency test.   EPA
has focused its review of consistency,  pursuant to 40 CFR 271.4,
on provisions which tend to impede the flow of interstate commerce
or otherwise interfere with the national regulatory scheme
established by RCRA.

     3.   Notice and Hearing in the Permit Process.

     EPA will not be able to approve changes in the permitting
notice and hearing procedures if the changes would be in conflict
with Section 7004(b)(2) or if the changes would have initially
jeopardized authorization of the State program.  .Areas of particular
concern include:

     0  Shortening the duration of comment period so that
        it is less than the 45 day minimum period required
        by statute


                              1.5-4

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     0  Limiting public access to permit information

     0  Limiting distribution or types of media for notices
        (e.g., removing the requirement for newspaper or
        radio notice for permits)

     0  Limiting the opportunity for public hearing (e.g.,
        establishing a threshold of public interest necessary
        before a hearing would be held)

     4.   Adequate Enforcement.

     EPA will disapprove changes in the enforcement program if
the change would result in a State program that no longer meets
the requirements of §271.15 and 16.  Examples include:

     0  Reductions in civil or criminal penalties below the
        levels specified in §271.16(a)(3)

     0  Restrictions in the types of enforcement authorities
        provided to the State (e.g., if mental state is an
        element of proof of civil violations)

     0  Restrictions on public participation in the enforcement
        process that are in conflict with §271.16(d)

AVAILABILITY OF AUTHORIZATION FOR FEDERAL PROGRAM CHANGES

    State authorization is available for Federal program changes
on the effective date of the change.  In many cases a RCRA final
rule will be promulgated months in advance of its effective date.
Similarly, the content of a HSWA self-implementing provision is
often known in advance of its effective date.  In such cases, a
State may modify its program and submit its revision application
to EPA prior to the effective date.  EPA will review the revision
based on the final rule or self-implementing statutory provision.
EPA may publish the approval of the State program revision before
the effective date of the Federal requirement, but the authorization
can only become effective on or after the Federal requirement's
effective date.  (For example, if a waste listing is published
in January and becomes effective the following July, EPA could
review and approve the State's corresponding waste listing during
the January-July period, but the State's authorization could not
become effective until the July effective date for the waste
listing.)

     States that apply in advance of HSWA provision effective
dates must be cognizant of any intervening changes to such
provisions.  For example, if a State received EPA approval
for a HSWA self-implementing statutory provision, but. prior -to
the scheduled effective date EPA promulgated final regulations
pursuant to the same HSWA authority, then the State authorization
may be superceded even before it has a chance to take effect.
(See Chapter 1.1 for more detailed discussion.)  States should        fl


                              1.5-5

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also be careful not to try to anticipate the content of future
Federal requirements; in no case will EPA be able to grant
authorization to a State based on proposed Federal requirements.

STATE MODIFICATION DEADLINES

     States are encouraged to apply for authorization for
Federal program changes as soon as is practicable.  States
must also recognize that §271.21(e) specifies deadlines for
State modifications to be completed.   The deadlines apply only
to those Federal changes that increase the stringency or scope
of the Federal program.  Further, the deadlines are dependent on
when the Federal change occurred and whether it is a HSWA or
non-HSWA change, as discussed below.   Note that Table 3 contains
a summary of the deadlines.

     1.   Federal Program Changes Prior to July 1, 1984.

     For Federal program changes that occurred prior to July 1,
1984, States must modify their programs within one year after
the Federal rule was promulgated (or within two years if a State
statutory change is needed).  Only six such Federal program
changes require State modifications (see Table A-l, "Recent Federal
Requirements"), and most States with final authorization have
already received approval for these provisions.

     2.   Federal Program Changes After July 1, 1984 - "Clusters".

     Beginning in July of 1984, §271.21(e)(2)(ii) annually
establishes one State modification deadline for all EPA program
changes that occur over a twelve month period (July 1 to June 30
of each year).  The program changes that occur during that period
are referred to as a "cluster".  The deadline for the State to'
pick up all the changes in the cluster is one year after the end
date of the cluster.  Therefore, the first cluster encompasses
the changes between July 1, 1984, and June 30, 1985,  and the
State modification deadline is July 1,  1986.  (See Table A-l,
"Recent Federal Requirements".) Subsequent clusters are auto-
matically determined by the July 1 - June 30 time frames.

     There are a few exceptions to the cluster system.  First,
there are two HSWA Clusters for certain HSWA provisions (discussed
below),  so the first six annual clusters will contain only non-HSWA
provisions (with one exception, discussed in the following section).
Also, if a State needs to make a statutory change for one or more
of the requirements contained in the cluster, then the modification
deadline is extended by an additional year, but only for those
specific portions of the cluster that require the statutory
basis to change.  Further,  the Regional Administrator may extend
the cluster deadline by up to six months on a case-by-case basis
if the State demonstrates that it has made a good faith effort
to meet the deadlines but that its legislative or rulemaking
procedures have caused it to miss the deadlines (see §271.21(e)(3)).
If the State is unable to modify its program by the deadlines in
§271. 21(e)(3), the Regional Administrator may place the State on
a schedule of compliance (see §271.21(g)).

                             • 1.5-6

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    Table 3




Cluster Periods
Cluster Period

Prior to 7/1/84
7/1/84-6/30/85
Non-HSWA Cluster I
7/1/85-6/30/86
Non-HSWA Cluster II
7/1/86-6/30/87
Non-HSWA Cluster III
7/1/87-6/30/88
Non-HSWA Cluster IV
7/1/88-6/30/89
Non-HSWA Cluster V
7/1/89-6/30/90
Non-HSWA Cluster VI
11/8/84-6/30/87
HSWA Cluster I
7/1/87-6/30/90
HSWA Cluster II
7/1/90-6/30/91
RCRA Cluster I
etc.
State Program
Modification
Deadline

1 yr after
promulgation
7/1/86
7/1/87
7/1/88
7/1/89
7/1/90
7/1/91
7/1/89
7/1/91
7/1/92
etc.
Program Areas Affected

RCRA provisions
Non-HSWA rules, includes
§3006(f) Availability Of
Information
Non-HSWA rules
Non-HSWA rules
Non-HSWA rules
Non-HSWA .rules
Non-HSWA rules
HSWA rules
HSWA rules
All RCRA rules
(HSWA and non-HSWA)
NOTE: ° 1 year extension is available for the specific
provisions for which the State needs a statutory
change
0 RA can extend cluster deadlines by 6 months on a
case-by-case basis
0 State schedules of compliance may be granted for up
to one year by the RA if State is making progress
in adopting changes
     1.5-7

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     3 .    HSWA Clusters

     For the HSWA provisions that are promulgated or take
effect between the date of enactment (November 8, 1984) and
June 30, 1987, States would be required to modify their programs
by July 1,  1989 (see §271.21(e)(2)(iii)).   Modifications for
those specific provisions that require a State statutory change
are due July 1, 1990.  These are special,  multi-year clusters that
are designed to minimize Federal and State program disruption due
to HSWA.  After July 1, 1990,  HSWA provisions will be included in
the annual clusters described above (i.e., RCRA Cluster I).

     States are still encouraged to apply for final authorization
for some or all HSWA requirements before these HSWA deadlines.
The purpose behind the 1989 and 1991 deadlines for HSWA-related
provisions is not to perpetuate EPA's role in authorized States
but to give States a choice.  That is, each State can decide for
itself whether it is better to continue in a dual permitting/
implementation mode with EPA or to obtain authorization for HSWA
provisions with the knowledge that part of the RCRA program may be
returned to EPA when new HSWA requirements take effect.  Either
choice is far from ideal, but EPA believes that each State should
decide which approach is least disruptive to its program.

     There is one exception to the HSWA clusters.  The §271.17
requirement for State programs to provide for public availability
of information stems from HSWA, but it does not take immediate
effect in authorized States.  Therefore,  authorized State programs
need to be revised before this requirement will be effective.
Section 271.17(c)(2) requires State modifications for this
provision by July 1, 1986 (or July 1, 1987 if a statutory change
is required).

     4.   Schedules of Compliance

    In those instances where a State is unable to meet the cluster
deadlines (see §271.21(e)),  the Regional Administrator may place
the State on a schedule of compliance pursuant to §271.21(g).  As
a prerequisite to being placed on a schedule of compliance, the
State must:  1) make a good faith effort to meet the deadlines in
§271.21(e), 2) been granted a six-month extension pursuant to
§271.21(e)(3); and, 3) made diligent efforts to revise its program
during the extension.  Schedules of compliance are limited to a
duration of one year from the extension deadline and must be
published in the Federal Register.  If a State fails to comply
with its schedule of compliance,  the Regional Administrator may
initiate program withdrawal (see §271.21(g)(2)).  See Appendix E
for an example of a model FR notice for schedules of compliance.

EXISTING STATE PROVISIONS THAT ARE SIMILAR TO NEW FEDERAL
REQUIREMENTS

     A State may have a requirement that was more stringent or
broader  in scope than the Federal program wh"»n the State was


                              1.5-8

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initially authorized,  and which the State believes to be equivalent
or substantially equivalent to one of the new Federal requirements.
However, for a number  of reasons,  the State is not automatically
authorized for the new requirements.   Specifically:

     0  the State's requirements have not been evaluated by EPA
        with respect to the new Federal requirements;

     0  the State's Attorney General  has not certified equivalence
        or substantial equivalence with respect to the new Federal
        requirement;

     0  the public has not been given the opportunity to comment
        on the State's program with respect to the new Federal
        requirement; and, finally

     0  RCRA §3006(g)  requires submission of an application even
        where the State has an existing requirement.

For these reasons, such a State is subject to the same procedures
as any other State to  obtain authorization for that requirement.
However, as discussed  later in this chapter, resubmission of the
State's authorities will not be required.

PROCEDURES FOR REVIEW OF STATE PROGRAM REVISIONS

     The procedures for approving State program revisions are
specified in §271.21(b).  [See the "streamlining" rule, March 4,
1986, 51 FR 7540-42.]   There are two. methods available for pro-
cessing revisions:  1) immediate final rulemaking, or 2) standard
rulemaking.  Each of these procedures is significantly less burden-
some for States than the procedures for receiving the initial final
authorization:  there  is no State hearing requirement, no require-
ment for the State to provide notice and opportunity for comment
on the application, and a less detailed application is required.
The following sections describe the responsibilities and procedures
for review and approval of State program modifications.

     1.   Who Approves Revisions?

     As with initial final authorization, approval authority for
all State program revisions has been delegated to the Regional
Administrators (EPA Delegation 8-7).   Thus, the Regions are the
focal point for review and approval of program revisions.
However, the Regional Administrator  (RA) will need to consult
with the Assistant Administrator for Solid Waste and Emergency
Response in these revision decisions.  Consultation is accom-
plished by the Region submitting its decision to the HQ Review
Team for a 10 work-day review.  If HQ does not raise issues
regarding the Regional decision during the consultation period,
then automatic agreement can be assumed and the Federal Register
notice announcing or proposing the decision may be published.
                           1.5-9

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     2.   How Will States Know If A Revision Is Needed?

     Federal Register notices and supplemental EPA guidance (i.e.,
SPA's) will indicate when States need to change their programs
for Federally initiated revisions.  However, State-initiated
changes must be submitted to EPA by the State and reviewed by the
Regional Administrator to determine whether it requires EPA
approval through the revisions process.  If the State-initiated
modification results in a change to the authorized program, then
EPA approval will probably be necessary.

     3.   Draft State Modifications

     It is very important that the State consult with EPA as
early as possible when the State is contemplating any program
changes, particularly for legislative and regulatory amendments.
It must be recognized that EPA cannot directly enforce a State
modification under RCRA §3008 until it has been approved.  In
fact, EPA could only enforce the prior State requirement until
the State change is approved.

     The State should contact the Regional Office when it begins
to develop program changes.   The Regional Office will cooperate
with and assist the State by arranging for the review of draft
regulations, bills, policies, etc.  EPA will attempt to assess
whether such draft modi-fications would be approved and will
recommend the type and extent of documentation the State will
need to submit with its proposed revision based on guidance
provided in this Manual.  On request, Headquarters will assist
the Region in the review of draft modifications.

     Generally,  EPA will review draft revisions within 30 days.
However, if the State changes are extensive, or if numerous EPA
offices are involved in the review, then more time may be required.
If additional time is necessary, EPA will i-nform the State within
two weeks of receipt of the draft modification.  Since this is
the most critical stage in the State modification process, it is
important that the EPA review be thorough.

     4.   When Does The State Submit Its Completed Modification
          To EPA?
                                        s
     EPA regulations at §271.21(e)(4 ) (i ) require that within 30 days
of a completion of a State program change, the State must submit
to the Region a copy of the program change and a schedule indicating
when the State intends to seek approval of the change.  In order to
accomplish this, the State should develop its revision application
concurrently with its program modifications.  The State should
then submit a draft of its revision application (including the
modification) to EPA no later than 60 days after the cluster deadline
in order to satisfy §271.21(e)(4)(ii).

     EPA review of a draft revision application will involve both
Regional and Headquarters offices.  It is vital that all EPA


                              1.5-10

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concerns are identified at this draft stage so that the subsequent
approval actions will go smoothly.   Therefore, all appropriate
program, legal, and enforcement offices in the Region and
Headquarters should participate in the review.

     Figure 3 illustrates the review schedule for draft revision
packages.  The 30 day review period should be sufficient for
quality draft applications.  States must recognize that the
success of this review will be dependent on a clear and complete
application.  If critical elements (e.g.,.AG Statement, regulation
checklists) are missing or inadequate, then the review period may
need to be extended or terminated and another draft revision
application may be warranted.

     If a State would like to expedite its authorization process,
it could submit its draft revision application to EPA for review
along with its draft modification (discussed in the section above)
Then, the State would be prepared to submit its final revision
application soon after it completes the program changes.
                             Figure 3

            Draft Revision Application Review Process

            	Region	Headquarters
            State Coordinator
              Distributes
             Draft Revision
                  Begin  .
             Regional Review
   18
   23
   30
                         Review Team Leader
                                     Team Review Begins
                            Comments to
                           Regional Liason
Comments to State
  Coordinator

Team Comments from
    Team Leader
 Comment Letter
     to State
                              1.5-11

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     5 .   Contents of The Revision

     In order to evaluate a State's proposed revision, EPA
must have information which allows it to:

     0 know the substance of the proposed revision (e.g.,
       the statutory or regulatory language), and

     0 understand the impact the proposed revision would
       have on the State's ability to continue to meet
       the six tests for final authorization.

Of course, the extent and nature of documentation needed from
the State to provide this information will vary.   For Federally-
initiated changes Chapter 1.7 of this manual will identify the
minimum type of documentation that will be necessary.  In almost
all cases, .the following documentation will be required:

     0 A letter from the State Director transmitting the
       proposed revision

     0 A brief AG's certification

     ° C°PY of modified State statute, rules, etc.

     0 Completed regulatory and/or statutory checklists

     In some cases other revised authorization documents may
be appropriate (Program Description,  MOA, etc.)-   If the State
has questions about what it should submit, it should contact
the Regional Office.

     6.   Approval Process for Revisions.

     The timetable for EPA review procedures leading to approval
or disapproval of a State program revision are displayed in
Figure 4 (for immediate final rulemaking) and Figure 5 (for
standard rulemaking).  Actions are shown in each Figure under
the headings "Region" and "Headquarters".  The beginning and
ending times for the various actions are shown in calendar days.
Sections 7 and 8 below describe the specific activities involved
in the approval process.

     Although EPA does not require States to provide for a
separate comment period on the State's proposed submission
as was the case for the State's initial application for final
authorization (40 CFR 271.20(a)),  States may do so at their
own initiative or in response to their own State requirements.
However,  the State's public participation process is not a
substitute for the Federal requirements for public participation
on EPA approval of revisions.

     EPA uses' 40 CFR Part 272 to codify the Agency's approval
of State hazardous waste programs.   This is accomplished by
"codifying" the pertinent State authorization documents and

                              1.5-12

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  1


  2
 15
 20
 35


 36



 50


 57

 60


 65


 95
108


115
125
                              Figure  4

             Immediate  Final  Revision Process  (§271.21(b)(3 )
                    Region
 State Coordinator
    Distributes
     Revision
 Regional Review
 	Begins
   Comments to
 State Coordinator
               Prepare  FR Notice
 Transmit Immediate
  Final FR Notice
 & OFR Documents
Mailout and Publish
  Newspaper Notice
  Public Comment
   Period Begins
  Public Comment
   Period Ends
              Prepare Response
                 to Comments
  Transmit New
 Decision FR Notice
 Revision Effective
             Authorization File
                               Headquarters
                                          Review  Team  Leader
                                             Team Review
                                Comments to
                             Regional Liaison
   Team Comments
  from Team Leader
 Review Team Leader
                             Transmit Documents
                                  to OFR
                              End .of Ten Day
                              AA Consultation
                                  Period
                                     1
                             End of OFR Review
                            (comment to Region)
 Publish FR Notice
 Review Team Leader
                             End of Abbreviated
                             AA Consultation
                             Period
   Publish New
  Decision and/or
Withdraw  FR Notice

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"incorporating by reference" the laws and regulations of these
programs.  EPA must work with the Office of Federal Register
(OFR) since they must approve any Federal incorporation by
reference.  See Chapter 1.6 for a detailed discussion of
State authorization codification.

     It is important to note that the schedules for review of
revision applications presented in this chapter assume that all
deficiences identified by EPA in the State's draft application
have been remedied.  If EPA identifies problems in the State's
revision application that cannot be quickly fixed, then EPA's
review will recommence at Day 1 upon receipt of the State's
amended submission (see Figures 4 and 5).

     7.   Immediate Final Rulemaking (§271.21(b)(3)).

     The immediate final rulemaking option is designed to
streamline the revisions approval process.  In most cases this
approach should result in only one Federal Register notice indi-
cating that the State revision is approved (or disapproved) in
60 days unless EPA receives a negative comment within the 30 day
comment period.  However, if a negative comment is received, one
or more subsequent Federal Register notices will be needed.

     A timeline for the immediate final review process is shown
in Figure 4.  Headquarters and the Region will concurrently
review the revision application, and all comments are due to
the State Coordinator by Day 20.  Comments may be sent sooner
depending on the complexity of the State's application.  As a
general rule,  AA memos will not be sent following the Team's
comments.  They will only be sent where there are significant
issues requiring the attention of top OSWER,  OGC,  or Enforcement
Office management.  If it is necessary to send comments to the
State, then the review process will be delayed unless the
deficiencies can be corrected by Day 35.  Significant changes
to the State's application may result in beginning the review
again at Day 1.

     The Region prepares the following documents and transmits
them to the Headquarters Review Team Leader by Day 35:

     8  Transmittal Memo
     0  Chargeback form
     0  FR Notice, including the incorporation by reference
        legal  citations
        letter to OFR
     0  photocopies of State statutes and regulations

     On Day 36 Headquarters transmits the appropriate documents
to the Office  of Federal Register:  1)  Region's letter, 2) FR
notice,  and 3) photocopies of State statutes and regulations.
The OFR should respond by Day 56.  If comments are raised by
the OFR,  they  must be resolved by the Region before the revision
process can continue.  Headquarters will immediately notify the
Region of any  such comments.

                              1.5-14

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     Also on Day 36 Headquarters begins its ten work-day
consultation period as established in EPA. Delegation 8-7.   During
this period, OSW, OWPE and OGC members of the Team will review
the Transmittal Memorandum and Federal Register notice; AA and
General Counsel concurrence on the Transmittal Memorandum will
not be required.  Note that this Transmittal Memo is less formal
than the Action Memo which is used for authorization decisions
on initial applications.   The Transmittal Memo does not nave to
provide for Headquarters signatures; instead it should merely
request appropriate consultation prior to publishing the decision.

     After the consultation is completed and OFR approval is
received the HQ Regional Liaison will submit the the Federal
Register notice for publication if Headquarters agrees with
the immediate final decision.  If Headquarters disagrees with
the Regional decision, then the AA for OSWER must prepare a
written response to the Regional Administrator within the ten
day consultation period.

     The immediate final rule must indicate that the State revision
is approved or disapproved and takes effect 60 days after the
date of publication unless EPA receives a negative comment within
the 30-day public comment period.  The Region must arrange for
notice to be published in the appropriate State newspapers, and
for notice to be sent to persons on the State's mailing list.
If the Federal Register•notice is published on Day 65 and no
adverse comments are- received by Day 95, then the revision will
become effective on Day 125.

     If EPA receives one or more adverse comments, then the RA
must notify the State that such comment has been received.  Also,
the RA must publish a second Federal Register notice before the
immediate final rule takes effect.  The RA has the following
4 options in responding to adverse comments:

     0  If the Regional Administrator disagrees with the
        public comments,  he may publish a second Federal
        Register notice prior to the effective date of his
        decision which identifies the issues raised, responds
        to these comments and affirms that the immediate final
        rule will take effect as scheduled.

     0  If the Regional Administrator agrees with the public
        comments and decides to reverse his decision, he may
        publish a final rule before the effective date of his
        decision reflecting his changed position and explaining
        his reasoning.

     0  If the RA agrees with the comments and decides to
        reverse his decision but believes the changes in position
        warrants a new round of public comment, he may withdraw
        the immediate final rule prior to its effective date
        and simultaneously announce his new decision.  The new
        decision may either be a proposal (per the standard
        rulemaking process) or an immediate final rule.

                              1.5-15

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     0  If the comments raise issues that the RA cannot resolve
        before the effective date of the immediate final rule,
        he must withdraw the rule prior to its effective date.
        If time allows, the withdrawal notice should provide
        specific discussi,on regarding reasons for the withdrawal
        and what State changes may be required,  if any.  At a
        later date, the RA may publish a final rule which
        responds to comments and contains his decision or he
        may provide a new round of comment.  This option assures
        that EPA will have whatever amount of time is necessary
        to consider all comments fully.

     Whenever a second Federal Register notice is required in
the immediate final process, the RA will forward the notice to
the HQ Regional Team Leader by Day 108.  (However, if the
notice only withdraws EPA's prior notice, HQ consultation is
not required; therefore the RA has until Day 118 to transmit
the notice to HQ.)  HQ will ensure that the necessary consultation
is provided and the Federal Register notice is published by
Day 125.  This will require an abbreviated consultation period
of 5_ work days.  If the RA and HQ cannot reach agreement by
Day~ll5,then the RA must submit an FR notice to withdraw the
immediate final rule.

     Note that if an adverse public comment is not "germane"
to the State revision, EPA does not have to respond to it in a
second Federal Register notice.  For example, if the adverse
comment concerned the State's permit program whereas the program
revision concerned manifest requirements, a response to such
comment would not be necessary.  Similarly, EPA would not
publish a response where a person objected to EPA's decision
but gave no reason.

     If the second Federal Register notice or other revision
documents contain a change to the State materials that are
incorporated by reference,'then an additional review by the OFR
will be required.  For example, if the State submits additional
or amended statutes or regulations that were not previously
reviewed by the OFR, then OFR approval must be obtained again.

This will usually require the RA to withdraw the immediate final
rule since there will be insufficient time to publish a notice
prior to the rule's effective date.  Note,  however, that OFR
review is only required for materials that are incorporated by
reference.  Changes to documents that are merely being codified
in Part 272 will not need OFR approval.

     8.   Standard Rulemaking (§271.21(b)(3)).

     The standard rulemaking process provides a public comment
period on EPA's proposed decision to approve or disapprove the
State revision.  EPA then reviews the public comments and.responds
to them in a final rule approving or disapproving the revision.
                              1.5-16

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in Figure 5.  The activities between Day 1 and Day 50 are pro-
cedurally the same as described above for the immediate final
option.  The only difference is that the Region prepares a proposed
rule that announces the availability of the State's proposed program
revision for public review and comment, summarizes the proposed
revisions,  and discusses EPA's proposed approval or disapproval
of the revisions.  The proposal must provide for a comment period
of at least 30 days.  The proposal does not have to be approved by
OFR, so once HQ consultation is completed (Day 50), the HQ Liaison
will submit the Federal Register notice for publication.

     Once the public comment period has closed (Day 87), the
Region will review the public comments and will develop a
response to those comments.   A copy of the Region's response
to public comments is to be  transmitted to Headquarters for
review and comment.  Headquarters will review the Region's
response and will transmit any comments prior to the Region's
preparation of the final FR notice.  Within three weeks of the
close of the comment period (Day 110), the Regional Administrator
will transmit the Federal Register final action containing his
approval or disapproval to the Headquarters Review Team.
Unless there are issues identified in the proposal that remain
unresolved, Headquarters will waive its consultation period
and deliver the final action to the Federal. Register for publi-
cation.  If Headquarters disagrees with the final Regional
decision, then the AA for OSWER must prepare a written response
to the Regional Administrator within the ten day consultation
period.  As discussed in Section 8 above, any change to materials
that are incorporated by reference will require OFR approval.

     9.   When to Use Standard Rulemaking vs. Immediate Final
          Rulemaking.

     While either standard rulemaking or immediate final rulemaking
procedures may be used to approve State "program revisions, the
Agency is more likely to use the standard rulemaking procedure
in certain circumstances.  For example, if a State submitted a
program revision for a large number of changes at the same time
and the Agency expected the revision to generate public interest
(e.g., there is a history of public comments on authorization
decisions affecting the State), we would follow the standard
rulemaking procedures.  Further, EPA would normally use standard
rulemaking procedures if the Agency were planning to disapprove a
State program revision since more public comment would be likely.

     On the other hand, the immediate final approach most likely
would be used if the State has a history of little or no public
interest in previous authorization decisions.  For example, if no
comments had been received on the State's initial application for
final authorization or on recent program revisions, then subsequent
revisions would ordinarily be processed using the immediate final
rulemaking.                                                       '   ^_



                              1.5-17

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 Day
  2


  3


 15


 20
 35


 36


 50

 55


 57


 58

 87
110



125



132


146
                              Figure 5

        Standard Rulemaking Revision Process (§271.21(b)(4))
       Region
              State Coordinator
                 Distributes
                  Revision
 Regional Review
 	Begins	
   Comments to
 State Coordinator
                      I
               Prepare FR Notice
 Transmit Proposal
     FR Notice
 & OFR Documents
Mailout and Publish
  Newspaper Notice
  Public Comment
   Period Begins
  Public Comment
   Period Ends
               Prepare Final
                 FR Notice
  Transmit Final
   FR Notice of
Approval/Pisapprov.
Revision Effective
  (14 -day delay)
     Headquarters
   Review Team Leader
                                     1
                                Team Review
                                     I
                                Comments to
                             Regional Liaison
     Team Comments
    from Team Leader
>  Review Team Leader
                             Transmit Documents
                                  to OFR
                                     I
                              End of Ten Day
                              AA Consultation
                                  Period
   Publish FR Notice
                                     I
                             End of OFR Review
                             Comment to Region
   Regional  Liaison
                              End of Possible
                            Consultation Period
                             (Normally Waived)
                             Publish FR Notice
            [Authorization File [
                                   1.5-18

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    10.   Revision Disapproval.

     Any disapproval action of a State revision should:
(1) identify the reasons for disapproval,  (2) discuss the implica-
tions of disapproval for the authorized program,  (3)  when possible,
recommend an alternate course of action that would be acceptable,
and (4) include firm,  explicit commitments to specific measures
EPA will take to help the State overcome the problems identified
(e.g.,  describe the assistance EPA will provide within certain
timeframes in preparing subsequent revisions).  This  discussion
should appear in the RA's Action Memorandum and,  as time allows,
in the Federal Register notice announcing EPA's disapproval.

    11.  Opportunities to Shorten the Revision Process.

     The timetables in this Chapter for the revision  approval
process represent the maximum amount of time needed assuming the
revision application is in order.  There are time periods in this
schedule that obviously cannot be shortened (e.g., the 60 day
period prior to an immediate final rule becoming effective).
However, there are a couple of areas where the review period
could be shortened somewhat on a case-by-case basis.   First, if
the review of the draft revision application went smoothly and
any EPA concerns are clearly addressed by the State,  then review
may not take the full 20 days scheduled (Days 1-20, Figures 4
and 5).  In such a case the Region can request an expedited
Headquarters review and, if resources allow, Headquarters will
try to comply.  In addition, the Region can prepare the Federal
Register notice in advance instead of waiting until' Day 20,
thereby saving some of the time between Days 20-35.  It is also
possible that the OFR review of the State legal documents could
be completed earlier than scheduled, saving some time between
Days 36-57.  Further,  shortening the AA consultation  period
(Days  35-50) will help to expedite the approval process (although
this will not speed up the immediate final process unless the
OFR review is also completed).  Finally, some additional time
may be gained if the Regions and Headquarters can expedite the
preparation of subsequent Federal Register notices, responses
to comments, and consultation periods.

    12.   Federal Register Models.

     Model Federal Register notices for State program revisions
are provided in Appendix C.  These models should help to make
the writing of State-specific notices a routine matter that can
easily be accommodated in the review schedule.  Also see Appendix E
for a  model FR notice for schedules of compliance.

    13.   Authorization File.

     Once the State program revision has been accomplished,
the Region will place all relevant State -revision subraittals,
legislation, regulations, letters, comments, notices, transcripts,
etc.,  in the authorization file.   (The authorization file is
discussed in detail on page 1.4-14.)

                              1.5-19

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                                          CHAPTER  1.6      OSWER  DIRECTIVE   #95^0.00-9


              CODIFICATION  OF  STATE  PROGRAM  APPROVALS  IN  PART   272
Sample  Codification
       Subpart I—Delaware

       H 272.400  State Authorization.'
          (a) The State of Delaware is
       authorized to administer and enforce a
       hazardous waste management program
       in lieu of the Federal program under
       Subtitle C of the Resource Conservation
       and Recovery Act (RCRA). 42 U.S.C.
       6921 et seq., subject to the Hazardous
       and Solid Waste Act Amendments of
       1984 (HSWA) (Pub. L 98-616, November
       8.1984), 42 U.S.C. 6926 (c) and (g). The
       Federal program for which a State ma\
       receive authorization is defined in 40
       CFR 271.9-271.17 and 271.21. The State's
       program, as administered by the
       Delaware Department of Natural
       Resources and Environmental Control.
       was approved by EPA pursuant to 42
       U.S.C. 6926(b) and Part 271 of this
       Chapter. EPA's approval was effecthe
       on June 22.1984,48 FR 23837.
          (b) Delaware is not authorized to
       implement any HSWA requirement
       lieu of EPA unless EPA has explicitly
       indicated its intent to do so in a Federal
       Register notice granting  Delaware
        uthorization.
          (c) Delaware has primary
       responsibility for enforcing its
       hazardous waste program. However.
       EPA retains the authority to exercise its
       enforcement authorities, including
       conducting inspections under Section
       3007,42 U.S.C 6927. and taking
       enforcement actions under Sections
       3008, 3013. and 7003. 42 U.S.C 6928, 6934
       and 6973. as well as under other Federal
       laws and regulations.
          (d) Delaware must revise its approved
       program to adopt new changes to the
       Federal Subtitle C program in
       accordance with section 3006(b) of
       RCRA and 40 CFR Part 271. Subpart A.
       Delaware must seek final authorization
       for all program revisions pursuant to
       Section 3006(b) of RCRA. but on a
       temporary basis, may seek interim
       authorization for revisions required by
       HSWA pursuant to section 3006(g) of
       RCRA. 42 U.S.C. { 6928(g). If Delaware
       obtains final authorization for the
       revised requirements pursuant to section
       3O06(b) of RCRA. the newly authorized
       provisions will be listed in { 272.401. If
       Delaware obtains interim authorization
       for the revised requirements pursuant to
       section 3006(g). the newly authorized
       provisions will be listed in i 272.402.
  272.401  State-Administered Program:
<-taal Authorization
  Pursuant to Section 3008(b) of RCRA,
42 U.S.C. 6926(b). Delaware has final
authorization for the following elements
as submitted to EPA in Delaware's
program application and approved by
EPA.
  (a) State Statutes and Regulations. (1)
The requirements in the Delaware
statutes and regulations cited in this
paragraph are incorporated by reference
and made a part of the hazardous waste
management program under Subtitle C
of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference was
approved by the Director of the Federal
Register January 31,1986.
  (i) 7 Delaware Code Annotated
{ § 63O1 through 6307 and 6310 through
6317 (1983 Replacement Volume).
  (ii) Delaware Department of Natural
Resources and Environmental Control
Regulations Governing Hazardous
Waste. Parts 260-265,122 and 124. Order
Number 83-SW-l. July 28.1983. (Copies
are available from the Delaware
Department of Natural Resources and
Environmental Control. PO Box 1401.
Dover. Delaware 19901.)
  (2) The following statutes and
  •gulations. although not incorporated
by reference, are part of the authorized
State program.
  (i) 7 Delaware Code Annotated
sections 6308 and 6309 (1974 and Supp.
1983).
  (ii) Delaware Administrative
Procedures Act 7 Delaware Code
Annotated sections 10101 through 10161
(1974 and Supp. 1983).
  (b) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region in and the Delaware
Department of Natural Resources and
Environmental Control, signed by the
EPA Regional Administrator on
December 14.1983.
  (c) Statement of Legal Authority. (1)
"Attorney General's Statement for Final
Authorization", signed by the Attorney
General of Delaware of July 26.1983.
  (2) Letter from the Attorney General
of Delaware to EPA. April 2.1984.
  (d) Program Description.  The Program
Description and any other materials
submitted as part of the onginal
application or as supplements thereto.

{{272.402-272.440  [Reserved]
                                              1 .6-1

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Introduction

     On January 31, 1986, EPA opened 40 CFR Part 272 for the
purpose of codifying the Agency's approval of State hazardous
waste programs.  (See 51 FR 3954-3958.)  The Federal Register
sample above is the codification for the State of Delaware.
This chapter describes the purpose and procedures for the use
of Part 272 to identify State program approvals.

     This chapter uses two terms in relation to approved State
hazardous waste management programs:  "codification" of these
programs and the "incorporation by reference" of the laws and
regulations of these programs.  Both of these actions will take
place in Part 272.   It is important to remember the distinction
between, and the significance of, these two terms.

     Codification is the process of placing a rule in the Code
of Federal Regulations (CFR).  Thus, rather than relying solely
on a Federal Register notice to make EPA's authorization decision
formal, the CFR identifies the specific elements of the State
program that EPA has approved as RCPA Subtitle C requirements.
Codification of State authorization documents is accomplished by
referencing each document's title (and date, if it is a signed
document).  (See the sample codification.)

     Normally, the  CFR publication requirements necessitate
reprinting the State statute and regulations EPA has approved.
Federal law, however, allows EPA to meet these requirements by
"incorporating by reference" materials published elsewhere.
The legal effect of incorporation by reference is that the
incorporated material has the same legal effect as if it were
published in full in the CFR.  The approved State laws and
regulations, in addition to being referenced 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.

     While the entire State program (statute, regulations,
Attorney General's  Statement, Memorandum of Agreement, and
the Program Description) is 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.

Purpose

     In light of the magnitude of anticipated changes in State
hazardous waste programs necessitated by the new statutory and
regulatory requirements stemming from HSWA and other changes
EPA will be making  to the RCRA program, we foresee the poten-
tial for a great deal of confusion over the status of approved
State programs.  States may have final authorization for the
pre-HSWA program and interim or final authorization for some or
all of the HSWA program.  It is important for the public and the
                                1 .6-2

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regulated community to have a clear understanding of which State
requirements EPA has approved and will enforce.  Part 272 will
provide this clarification and serve as a means to track each
State's authorization.

Part 272 Procedures for Official Applications

    The Part 272 process, which codifies approved State programs
and incorporates by reference State statutes and regulations, has
been incorporated into the approval process for official appli-
cations (Chapter 1.4) and the State program revision process
(Chapter 1.5).  This has been accomplished by:  (1) changing the
Federal Register notices, and (2) providing for additional HQ and
Regional Office activities to satisfy the OFR requirements.

     The following tasks will be handled by Headquarters, the
Regional Offices, and the State:
State:
Regional Offices
Headquarters:
0 provide photocopies of the front pages of
  the cited State statute books and regulation
  codes
0 provide a clean photocopy of the State
  statutes and regulations that-will be
  incorporated by reference
0 work with ORC to provide the legal citations
  for the incorporated State statutes and
  regulations

0 prepare the JFR documents .
0 obtain photocopies of the front pages of the
  cited State statute books and regulation codes
0 obtain a clean photocopy of the State statutes
  and regulations that will be incorporated by
  reference.  (Note that a perfect copy is
  required, or else the OFR will reject the
  the incorporation by reference.)'
0 ORC, in conjunction with the relevant State
  AG's Office, supplies the leqal citations
  for the incorporated State statutes and
  regulations for inclusion in the FR notice
0 ORC ensures that the incorporation does not
  include State enforcement and procedural
  requirements.  (Note, however, that the
  photocopies may include these requirements.)
0 prepare letter to the Director of OFR
  requesting incorporation by reference.

0 responsible for all liaison with OFR
0 prepare model FR documents
0 prepare model letter to OFR
0 OGC coordination with ORC
     For initial applications,
the vehicle for publishing the
             a proposed rule will be used as
             tentative determination and a
                              1.6-3

-------
final rule will be the vehicle for the final determination.
The Regional Office must furnish Headquarters the letter to OFR
requesting incorporation by reference, photocopies of the State
statutes and regulations and the legal citations, along with the
tentative determination documents (see Figure 2, page i.4-10 and
Figure 6, page 1.6-5).  This allows Headquarters sufficient time
to meet OFR's time requirements for approving incorporations by
reference.  If any changes need to be made in the Federal Register
document, they can be made after the proposal has been submitted to
OFR.  (Note, OFR does not approve the rulemaking.»  Its only concern
is that the requirements for incorporation by reference are met.)

Part 272 Procedures for State Program Revisions

     The State program revision procedures of §271.21(b) provide
for two methods for EPA approval of State program changes:
1) standard rulemaking (§271.2Kb) (4)) r and 2) immediate final
(§271.2Kb) (3) ).  (See Chapter 1.5 for a detailed discussion of
the revision approval process.)  For those revisions that use
the standard rulemaking option, the revisions are proposed in
the Federal Register and then promulgated in final form in a
subsequent rulemaking.  Therefore, the Part 272 tasks and
timing are virtually the same as described above for official
applications.

     Many State program revisions will likely be published as
immediate final rules.  Since there will normally be only one
Federal Register notice published in these cases, the Regional .
Office will need to supply the Federal Register document, the
letter to OFR and the photocopies of the incorporated statutes
and regulations at the same time that the transmittal memo is
sent to Headquarters.  Headguarters will immediately submit the
Federal Register document to the OFR so that the OFR review will
be concurrent with the HQ consultation period.  This schedule is
very tight.  If the OFR reguests changes in the materials submitted
to them, then this could result in a brief delay of the Federal
Register notice publication.  (See Figure 6.)

     If the public does not file adverse comments on the proposed
revision within thirty days of its publication in the Federal
Register, the approval takes effect sixty days after publication.
Therefore, the approved material will automatically be incorporated
into the CFR on day sixty.  If, however, the public files adverse
comments and the immediate final rule is to be withdrawn or
otherwise changed, the Regional Office should notify the State
and Headquarters immediately.  A subsequent Federal Register
notice must appear before the immediate final rule effective
date so that the codification does not automatically occur.
                                1.6-4

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                             Figure 6
       Part 272 Flow Chart for Authorization Applications
  Calendar Day
Initial
Applic.

  35
Revision
Applic.

   0
Agency
State
Action
  Send Region clean copy of State
  statutes and regulations along
  with photocopy of frontpage of
  cited statute book and regulation
  source
  70
  35
Region
  Send Headquarters: (1) Transmittal
  Memo, (2) FR Notice of Tentative
  Determination/Proposed Revision/
  Immediate Final Rule including
  the incorporation by reference
  legal citations,  (3) letter to OFR
  (4) photocopies of State statutes
  and regulations	
  85
  36
Headquarters
  Deliver to the Office of the
  Federal Register:  (1) letter to
  OFR, (2) FR Notice of Tentative
  Determination, (3) photocopies of
  State statutes and regulations
 110
  57
Headquarters
  Transmit Office of Federal
  Register comments to Region
 160
          Region
               Deliver to Headquarters corrected
               FR Notice of Final Determination/
               Final Revision and other documents
               as necessary based on Office
               of Federal Register comments	
 171
          Headquarters
               Deliver revised FR Notice of Final
               Determination and other documents
               to Office of Federal Register	
* The revision application process does not have time allocated for
  response to OFR comments.  Any such comments will result in a delay

Note:  See Figure 2 on page 1.4-10,  Figure 4 on page 1.5-13,  and
Figure 5 on page 1.5-18 for the authorization and revision process
flow charts that are the basis for this chart.
                              1.6-5

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Codifying Previously Authorized States

     The January 31, 1986, Federal Register notice that opened
Part 272 codified EPA's previous decisions authorizing Delaware
and Montana.  At that time there were approximately 30 additional
States with final authorization whose program approvals were not
codified.  Previously authorized States must be codified
as soon as practicable.  One possible way to accomplish this
is to codify the original final authorization decision with
the first State program revision.  By consolidating these two
actions EPA can avoid having to publish two separate Federal
Register actions.

Changes in Codified Elements of the State Program

     Usually, changes to any of the codified elements of the
State program will be accompanied by EPA review and approval as
part of the State program revision process.  The Federal Register
publication pertaining to the revision will codify the new or
amended State documents.  If there is a change to an authorization
document that is not a part of the revision process, then the
codification should be corrected when the next revision is
published in the Federal Register.  For example, if the State
and EPA amend the MOA pursuant to joint permitting- agreements,
the amended MOA should be referenced in the next codification
action.

Model Federal Register Notices

     The Model Federal Register notices provided in Appendix D
are to be used to announce State authorization decisions.  Model
notices are provided for initial applications and State program
revisions.  Updates to the Federal Register models will be provided
as necessary.

Copy of Part 272

     A copy of Part 272 is included in this chapter.  Note that
a Subpart has been reserved for each State.
                                1.6-6

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                                               Part  272
3954	Federal Register / Vol. 51. No. 21  / Friday.  January 31. 1986 / Rules  and Regulations
                                        40 CFR Part 272

                                        [SW FHL-2961-6]

                                        Hazardous Wast* Management
                                        Program; Approved State Hazardous
                                        Waste Programs for Montana and
                                        Delaware

                                        AGENCY: Environmental Protection
                                        Agency.
                                        ACTION: Final rule.

                                        SUMMARY: The Resource Conservation
                                        and Recovery Act (RCRA) authorizes
                                        the Environmental Protection Agency
                                        (EPA) to grant Final Authorization to
                                        States to operate their hazardous waste
                                        management programs in lieu of the
                                        Federal program. This action establishes
                                        Part 272 for codification of the decision
                                        to authorize a State program and for
                                        incorporation by reference of those
                                        provisions of State statutes and
                                        regulations that EPA will enforce under
                                        Sections 3008. 3013. and 7003 of RCRA.
                                        As part of this initial action Part 272
                                        codifies EPA's prior final authorization
                                        of the Montana and Delaware State
                                        programs and incorporates by reference
                                        appropriate provisions of State statutes
                                        and regulations.
                                        DATES: This regulation is effective as of
                                        January 31,1986. The incorporation by
                                        reference of certain publications listed
                                        in the regulations is approved by the
                                             1.6-7

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            Federal  Register  /  Vol. 51. No. 21 / Friday. January  31. 1986 / Rules and Regulations        3955
Director of the Federal Register as of
'inuary 31.1986.
  >ft FURTHER INf OftMATIOM CONTACT
.iCRA Hotline, toll free at (800) 424-8346
or in Washington. DC at (202) 382-3000.
or Mr. Chaz Miller. USEPA. Office of
Solid Waste. (202) 382-2220.
SUPPLEMENTARY INFORMATION:

Background
  Section 3008 of the Resource
Conservation and Recovery Act
(RCRA). 42 U.S.C. 6926 et seq.. aUows
the Environmental Protection Agency
(EPA) to authorize State hazardous
waste programs to operate in the State
in lieu of the Federal hazardous waste
program. On June 8.1984, and July It
1984. EPA published Federal Register
notices announcing its decision to grant
final authorization to Delaware and
Montana, respectively (see 49 FR 23837
and 49 FR 28245).
  Since that time EPA has decided to
codify its approval of State programs in
a new Part 272 of Title 40. Code of
Federal Regulations and to incorporate
by reference the State statutes and
regulations that EPA will enforce under
Section 3008 of RCRA. Today's initial
codification reflects the State programs
in Delaware and Montana that were in
effect when EPA granted the State final
authorization under Section 3006(b). As
 ppropriate, the Code of Federal
Regulations will subsequently be
amended to reflect revisions to the
authorized State program. Until a
Delaware  or Montana State provision is
approved and codified by EPA. it is not
part of the authorized program and will
not be enforced by EPA. Codification
will thus provide clearer notice to the
public of the content of the authorized
program.
   The public needs to be aware.
however, that some State provisions
incorporated by reference may in fact be
enforced solely by the State, and not by
EPA. Although "more stringent" State
requirements are part of the authorized
program. State provisions which are
"broader in scope" than the Federal
program are not part of the authorized
program. (See 40 CFR i 271.1(1).)
Therefore, if a State provision is
determined to be broader in scope, it
will not be enforced by EPA. The State.
however,  will continue to enforce such
provisions.
   A further point concerns the effect of
the 1984 RCRA amendments (the
Hazardous and Solid Waste
Amendments of 1964 (HSWA) Pub. L
98-816. Nov. a.  1984) on authorized State
programs. Section 3006(g) of RCRA
 provides that any requirement or
prohibition of HSWA (including
implementing regulations) takes effect in
authorized States at the same time it
takes effect in non-authorized States.
Thus, the HSWA requirement or
prohibition supersedes any leas
stringent or inconsistent State provision.
even if previously authorized. See 50 FR
28702. July 15.1985. Because of the vast
number of HSWA statutory and
regulatory requirements taking effect
over the next few years. EPA expects
that many previously authorized and
codified State provisions will be
affected. Instead of amending Part 272
every time a new HSWA provision
takes effect EPA will wait until the
State receives authorization for its
analogue to the new HSWA provision to
amend Part 272. In the interim, persons
wanting to know whether a HSWA
requirement is in effect will need to read
40 CFR  1271.1Q). as amended, which
lists each  such provision.
  Some State requirements may be
similar to  HSWA requirements that are
in effect However, no State is
authorized to implement its analogue to
a HSWA provision until the Regional
Administrator has published bis final
decision to authorize the State for
specific HSWA requirements. Neither
Delaware nor Montana has sought or
received authority to implement any
HSWA provision.
  The codification of State programs
should substantially enhance the
public's ability to discern the current
status of. the authorized State program.
This will be particularly true as-more
and more State program revisions are
submitted to adopt HSWA provisions.
   In order to codify Delaware and
Montana. EPA is adding Part 272  to
Subchapter L listing Delaware and
Montana  as Subparts I and BB
respectively and reserving the other
Subparts  for the remaining States and
territories. EPA is not proposing today's
action siace codification is an Agency
procedure exempted from notice and
comment  requirements by 5 U.S.C. 553.
Notice and opportunity for comment
were provided earlier on the Agency's
decisions to approve the Delaware and
 Montana  programs.
 Certification Under the Regulatory
 Flexibility Act
   Pursuant to the provisions of 5  U.S.C.
'eos(b),  I hereby certify that this action
 will not have a significant economic
 impact on a substantial number of small
 entities. It codifies the decisions already
 made to authorize the Delaware and
 Montana State programs and has no
 effect on  handlers of hazardous waste in
 either State 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
(OMB) 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 rule or a final
rule. This rule will not impose any
information requirements upon the
regulated community.

Ust of Subjects in 40 CFR Part 272

  Administrative practice and
procedure. Confidential business
information. Hazardous waste
transportation. Hazardous waste.
Incorporation by reference. Indian
lands. Intergovernmental relations.
Penalties. Reporting and recordkeeping
requirements. Water pollution control.
Water supply.
  Dated: January ft. 1966.
Administrator.
  A new Part 272 Is added to 40 CFR
Subchapter I to read as follows:

PART 272— APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
SM.
272.1  PurpOM ui Scop*
272J-Z72.49 (ReMrv*d|
 272.50-272^9 (Reserved]


 272.100-272.148  (Reserved)

 SutepartDi  Arizona
 272.150-272.199  (Reserved)

 Swbpsrt E—Arkansas
 272.200-272^49  (Reserved)

 Subpsrt f -California
 271250-272^99  [Reserved]

 Subpsrt Q—Colorado
 272.300-272.349  [Reserved]

 Subpart H—Connecticut
 272.350-272.398  [Reserved]

 Subpart I—Delaware
 272.400 State Authorization
 272.401 State-Administered Program: Final
    Authorization
 272.402-272.499  [Reserved]    *

 Subpart J—Otatrict of Columbia
 272.450-272.499  [Reserved]
                                            1.6-8

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3956
Federal Register / Vol. 51, No. 21 /  Friday. January 31.  1966 / Rules and Regulations
Subpart K—Florida
272JOO-272.549  [Reserved]

Subpart L—Georgia
272.550-272.599  (Reserved)

Subpart M—Hawaii
272.600-272.649  (Reserved)

Subpart M—Idaho
272.6SO-272.699  (Reserved!

Subpart O—tflinots
272.700-272.749  [Reserved]

Subpart P—Indiana
272.750-272.799  (Reserved)

Subpart O-tows
272.800-272.849  (Reserved]

Subpart R—Kama*
272.85O-272J99  (Reserved]

Subpart S—Kentucky
272.90O-272.949  [Reserved]

Subpart T—Louisiana
272.950-272.999  [Reserved)

Subpart U—Main*
272.1000-272.1049  (Reserved]

Subpart V—Maryland
27Z1050-272.1099  [Reserved]

Subpart W  MiHichuaerU
272.1100-272.1149  [Reserved]

Subpart X—Michigan
272.1150-272.1199  [Reserved]

Subpart Y—Minnesota
272.1200-272.1249  (Reserved)

Subpart Z-MlssisaippI
272.1250-272.1299  [Reserved]

Subpart AA—Mtsaourf
272.1300-272.1340  [Reserved]

Subpart BB—Montana
272.1350  Stale Authorization
272.1351  State-Administered Program: Final
    Authorization
272.1352  272.1399 [Reserved]

Subpart CC  Nebraska
272.1400-272.1449  [Reserved]

Subpart DO—Nevada
272.1450-272.1499  [Reserved)

Subpart EE—New Hampshire
272.1500-272.1549  [Reserved)

Subpart FF—New Jersey
272.1550-272.1599  (Reserved)

Subpart GO—New Mexico
272.1600-272.1649  (Reserved)

Subpart HH—New York
272.1650-27Z1099  [Reserved]

Subpart n-North Carolina
272.1700-272.1749  [Reserved)
                           Subpart JJ—Worth Dakota
                           272.1750-272.1799  [Reserved)

                           Subpart KK—Ohio
                           272.1800-272.1849  [Reserved]

                           Subpart LL—Oklahoma
                           272.1850-272.1899  (Reserved)

                           Subpart UM—Oregon
                           272.1900-272.1949  [Reserved]

                           Subpart HH—Pennaytvanta
                           272.1950-272.1999  (Reserved]

                           Subpart OO—Rhode (stand
                           272.2000-272J049  [Reserved]

                           Subpart PP—South Carolina
                           272J050-2712099  [Reserved]

                           Subpart OO—South Dakota
                           272.2100-272^149  (Reserved]

                           Subpart RR—Tennessee
                           272.2150-272.2198  (Reserved]

                           Subpart SS—Taxa*
                           272.2200-272.2249  [Reserved]

                           Subpart TT—Utah
                           27Z2250-Z72.2299  [Reserved)

                           Subpart UU—Vermont
                           272^300-272^349  [Reserved]

                           Subpart W—Virginia
                           272^350-272.2399  [Reserved)

                           Subpart WW—Washington
                           272.2400-272.2449  (Reserved)

                           Subpart XX—Watt Virginia
                           272^450-272.2499  (Reserved]

                           Subpart YY—Wisconsin
                           272-2500-272^549  (Reserved]

                           Subpart ZZ—Wyoming
                           272.2550-272^599  (Reserved]

                           SubpartAAA—Guam
                           271260-272.2849  [Reserved]

                           Subpart BOO  Puarte Rteo
                           272^850-272^399  (Reserved)

                           Subpart CCC—Virgin Islands
                           272^700-272^749  (Reserved]

                           Subpart OOO—Amarlcan Samoa
                           272^750-272^799  (Reserved)

                           Subpart EEE—Commonwealth of the
                           Northarn Mariana Islands
                           272.2800-272.2849  [Reserved]
                             Authority: Sec. 2002(a). 3006. and 7004(b) of
                           the Solid Waste Disposal Act as amended by
                           the Resource Conservation and Recovery
                           Act as amended, 42 U.S.C. 6912(a>. 6320. and
                           6974(b).

                           Subpart A—General Provisions

                           f 272.1  Purpose and scop*.
                             (a) This part seta forth the applicable
                           State hazardous waste management
                           programs under Section 30Q6(b) of the
Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. J 6928. and 40
CFR 260.10. "State" is defined in 42
U.S.C. } 1004-(31) ag "any of the sevei
Slates, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands. Guam. American Samod
and the Commonwealth of the Northern
Mariana Islands."
  (b) Material incorporated by referent.*
is available for inspection in the Library
of the appropriate EPA Regional Office.
in the Library of EPA Headquarters. 401
M St SW, Washington. D.C. and at the
Office of the Federal Register
Information Center. Room 8301. 1100 L
Street NW. Washington. D.C

Subpart B—Alabama

H27ZSQ-272J*  [Reserved!

Subpart C—Alaska

§{272.100—272.149 [Reserved]

Subpart 0—Arizona

H 272.150—272.199 (Reserved 1.

Subpart E—Arkansas

H 272JOO— 272J49 [Reserved]

Subpart F—Calif omia

f § 27Z2SO—272-299 [Reserved I

Subpart G—Colorado

§§ 272JOO—272J49 [Reserved]

Subpart H—Connecticut

H 272J50—272^99 [Reserved]

Subpart I—Delaware

55 272.400 State Authorization.'
  (a) The  State of Delaware is
authorized to administer and enforce a
hazardous waste management program
in lieu of the Federal program under
Subtitle C of the Resource Conservation
and Recovery Act (RCRA). 42 U.S.C
6921 et seq., subject to the Hazardous
and Solid Waste Act Amendments of
1984 (HSWA) (Pub. L 98-616. November
8. 1984). 42 U.S.C. 6926 (c) and (g). The
Federal program for which a State ma;
receive authorization is defined in 40
CFR 271.9-271.17 and 271.21. The State s
program, as administered by the
Delaware Department of Natural
Resources and Environmental Control.
was approved by EPA pursuant to 42
U.S.C. 6926(b) and Part 271 of this
Chapter. EPA's approval was effective
on June 22.1984. 48 FR 23837.
  (b) Delaware is not authorized to
implement any HSWA  requirement
lieu of EPA unless EPA has expliath
                                              1.6-9

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            Federal Register / Vol. 51.  No. 21 / Friday. January 31. 1986 / Rules and Regulations        3957
indicated its intent to do so in a Federal
Register notice granting Delaware
  uthorization.
  (c) Delaware has primary
responsibility for enforcing its
hazardous waste program. However.
EPA retains the authority to exercise its
enforcement authorities, including
conducting inspections under Section
3007. 42 U.S.C. 6927. and taking
enforcement actions under Sections
3008. 3013. and 7003. 42 U.S.C 692& 6934
and 6973. as well aa under other Federal
laws and regulations.
  (d) Delaware must revise it* approved
program to adopt new changes to the
Federal Subtitle C program in
accordance with section 3006(b) of
RCRA and 40 CFR Part 271. Subpart A.
Delaware must seek final authorization
for all program revisions pursuant to
Section 3006(b) of RCRA. but on a
temporary basis, may seek interim
authorization for revisions required by
HSWA pursuant to section 3000(g) of
RCRA. 42 U.S.C. S 6928(g). If Delaware
obtains final authorization for the
revised requirements pursuant to section
3006{b) of RCRA. the newly authorized
provisions will be listed in f 272.401. If
Delaware obtains interim authorization
for the revised requirements pursuant to
section 3006(g), the newiy authorized
provisions will be listed in i 272.402.

  272.401 State-Administered Program:
/•feat Authorization
  Pursuant to Section 3008(b) of RCRA.
42 U.S.C 6926(b). Delaware has final
authorization for the following elements
as submitted to EPA ia Delaware's
program application and approved by
EPA.
  (a) State Statutes and Regulations. (1)
The requirements in the Delaware
statutes and regulations cited in this
paragraph are incorporated by reference
and made a part of the hazardous waste
management program under Subtitle C
of RCRA. 42 U.S.C 6921 et sea. This
incorporation by reference was
approved by the Director of the Federal
Register January 31. I960.
  (i) 7 Delaware Code Annotated
S § 6301 through 6307 and 6310 through
6317 (1963 Replacement Volume).
  (ii) Delaware Department of Natural
Resources and Environmental Control
Regulations Governing Hazardous
Waste. Parts 260-265.122 and 124. Order
Number 83-SW-l, July 28.1983. (Copies
are available from the Delaware
Department of Natural Resources and
Environmental Control. PO Box 1401.
Dover. Delaware 19901.)
  (2) The following statutes and
  •gulations. although not incorporated
by reference, are part of the authorized
State program.
  (i) 7 Delaware Code Annotated
sections 6308 and 6309 (1974 and Supp.
1983).
  (ii) Delaware Administrative
Procedures Act 7 Delaware Code
Annotated sections 10101 through 10161
(1974 and Supp. 1983).
  (b) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region III and the Delaware
Department of Natural Resources and
Environmental Control signed by the
EPA Regional Administrator on
December 14.1983.
  (c) Statement of Legal Authority, (l)
"Attorney General's Statement for Final
Authorization", signed by the Attorney
General of Delaware of July 26.1983.
  (2) Letter from the Attorney General
of Delaware to EPA. April 2.1984.
  (d) Program Description. The Program
Description and any other materials
submitted as part of the  original
application or as supplements thereto.

§5 272.402-272.449  [R«Mrv«d]

Subpart J—District of Columbia

H 272.450-272,499  (Reeerv«dl

Subpart K—Florida

H 272JOO-272-S49  {Reserved!

Subpart L—Georgia

H 272-550-272^99  [Reserved]

Subpart M  Hawaii

H272.SOO-272.849  [R«Mrv*d]

Subpart M—Idaho

H 272.650-272.899  (Recent**)

Subpart O—Illinois

H272.700-27J.74t  [Reserved]

Subpart P—Indiana

H272.750-272.7M  [Reserved]

Subpart Q—Iowa

H 272JOO-272J4*  [R*serv*dl

Subpart R—Kansas

§§ 272-850-272*99  [Reserved]

Subpart S—Kentucky

H 272.900-272.94*  [Reserved]

Subpart T—Louisiana
§§272.950-272.949  [R«Mrv«d]

Subpart U—Main*

}} 272.1000-272,1049  (Reserved)

Subpart V—Maryland

5J272.1050-272.1099  [R*s«rv*d|

Subpart W—Massachusetts

H 272.1100-272,1149  (Reserved)

Subpart X—Michigan

J{ 272.1150-272,1199  (RCMrved]

Subpart Y—Minnesota

tt272.1200-272.1249  [Reserved]

Subpart Z—Mississippi

§9 272.1290—272,12*9  (Reserved)

Subpart AA—Missouri

H 272,1300— 272,1349  (Reserved]

Subpart SB—Montana

5272.1350  State Authorization

  (a) The State of Montana is authorized
to administer  and enforce its hazardous
waste management program in lieu of
the program under Subtitle C of the
Resource Conservation and Recovery
Act (RCRA). 42 U.S.C 6921 et seq..
subject to the Hazardous and Solid
Waste Act Amendments of 1984
(HSWA) (Pub. L 98-416. November 8.
1984). 42 U.S.C 6928 (c)  and (g). The
Federal program for which a State may
receive authorization is  defined in 40
CFR 271.9-271.17 and 271.21. The State's
program, as administered by the
Montana Department of Health and
Environmental Services, was approved
by EPA pursuant to 42 U.S.C 6926(b)
and Part 271 of this Chapter. EPA's
approval was effective on July 11.1984.
48 FR 28245.
  (b) Montana is not authorized to
implement any HSWA requirement in
lieu of EPA unless EPA  has explicitly
indicated its intent to do so in a Federal
Register notice granting Montana
authorization.
  (c) Montana has primary
responsibility for enforcing its
hazardous waste program. However.
EPA retains the authority to exercise its
enforcement authorities, including
conducting inspections under Section
3007, 42 U.S.C 6927 and to take
enforcement actions under sections
3008. 3013 and 7003. 42 U.S.C. 6928. 6934
                                              1.6-10

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                                                                 «

3958 .     Federal Register  /  Vol.  51. fefc.  gl  / Friday. January 31. 1988 / Rules and  Regulations
and 6973. as well as under olher Federal
laws and regulations.
  (d) Montana must revise its approved
program to adopt new changes to the
Federal Subtitle C program in
accordance with section 3008(b} of
RCRA and 40 CFR Part 271. Subpart A.
Montana must seek final authorization
for all program revisions pursuant to
section 3006{b} of RCRA. but. on a
temporary basis, may seek interim
authorization for revisions required by
HSWA pursuant to section 3006(g) of
RCRA. 42 U.S.C 6926(g). If Montana
obtains final authorization for the
revised requirements pursuant to section
3006(b) of RCRA. the newly authorized
provisions will be listed in § 272.1351. If
Montana obtain* interim authorization
for the  revised requirements pursuant to
section 3006(g). the newly authorized
provisions will be listed in { 272.1352.
§272.1351  State-*
nteta
IProgr
Final Authorization
  Pursuant to section 3006(b] of RCRA.
42 U.S.C. 6926(b). Montana has final
authorization for the following elements.
as submitted to EPA in Montana's
program application and any
subsequently approved revisions
thereto.
  (a) State Statutes and Regulations. (1)
The requirements in the Montana
statutes and regulations cited in this
paragraph are incorporated by reference
and made a part of the hazardous waste
management program under Subtitle C
of RCRA. 42 U.S.C. 6921 et seq. This
incorporation by reference was
approved by the Director of the Office of
the Federal Register effective January
31.1986.
  (i) Montana Hazardous Waste Act,
Montana Code Annotated U 75-10-401
through 75-10-413  and 75-10-419
through 75-10-421  (1983).
  (ii) Administrative Rules of Montana,
Health and Environmental Sciences,
§§ 16.44.101 through 16.44.911 (1963) and
amendments to IS 16.44.104,10&. 108.
.109. .202. .811, .617. and .819 adopted on
January 16.1984.
  (2) The following statutes and
regulations, although not incorporated
by reference, are part of the authorized
State program.
  (i) Montana Hazardous Waste Act.
Montana Code Annotated. {§ 75-10-414
through 418 (1963).
  (ii) Montana Public Records Act.
Montana Code Annotated. §5 2-6-101
through 307 (1983).
  (iii) Montana Administrative
Procedures Act, Montana Code
Annotated, sections 2-4-101 through 705
(1983).
  (b) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region VIII and the Montana
Department of Health and
Environmental Services, signed by the
EPA Regional Administrator on June 16.
1964.
  (c) Statement of Legal Authority.
Letter from the Attorney General of
Montana to EPA. June 7,1984. with
attached Statement of Independent
Legal Counsel dated June 1.1984.
  (d) Program Description. The Program
Description and any other materials
submitted as part of the original
application or as supplements thereto.

§§272.1352-272.1399  [Reserved]

Subpart CC—Nebraska

§§ 272.1400-272.1449  [Reserved]

Subpart 00—Nevada

§§272.1450-272.1499  [Reserved]

Subpart EE—New Hampshire

§§ 272.1500-2711549  [Reserved!

Subpart FF—New Jersey

§§272.1550-2711599  [Reserved]

Subpart GG—New Mexico

§§272.1600-272.1649  [Reserved]

Subpart HH—New York

§§272.1650-272.1699  [Reserved]

Subpart II—North Carolina

§§272.1700-272.1749  [Reserved]

Subpart JJ—North Dakota

§§272.1750-2711799  [Reserved]

Subpart KK—Ohio

§§ 272.1tOO-272.1849  [Reserved]

Subpart LL—Oklahoma

§§272.1850-272.1899  (Reserved!

Subpart MM—Oregon

§§272.1900-272.1949  (Reserved)

Subpart NN—Pennsylvania

§§2711950-272.1999  [Reserved]
Subpart OO—Rhode Island

{§272.2000-272.2049  (Reserved!

Subpart PP—South Carolina

{§ 2712050-272.2099  (Reserved I

Subpart QQ—South Dakota

5§ 2712100-272.2149  (Reserved)

Subpart RR—Tennessee

§§2712150-2712199  (Reserved)

Subpart SS—Texas

§§2712200-2712249  (Reserved 1

Subpart TT—Utah

§§2712250-2712299  (Reserved)

Subpart UU—Vermont

§§2712300-2712349  (Reserved 1

Subpart W—Virginia
                             *
§§2712350-2712399  (Reserved]

Subpart WW—Washington

§§2712400-2712449  (Reserved)

Subpart XX—West Virginia

§§2712450-2712499  [Reserved]

Subpart YY—Wisconsin

§§2712500-2712549  (Reserved)

Subpart ZZ—Wyoming

§§2712550-2712599  (Reserved)

Subpart AAA—Guam

§§2712600-272.2649  [ Reserved 1

Subpart BBS—Puerto Rico

§§2712650-2712699  (Reserved I

Subpart CCC—Virgin Islands

§§2712700-2712749  (Reserved 1

Subpart ODD—American Samoa

§§2712750-2712799  (Reserved]

Subpart EEE—Commonweatth of the
Northern Mariana Wands

§§2712600-2712649  (Reserved)
|FR Doc. 86-1879 Piled 1-30-86; 8:45 am)
MUJNO COM IMO-M-M
                                                  1.6-11

-------
                                           OSWER  DIRECTIVE  #9540.00-9

                          CHAPTER 1.7

                   HSWA AUTHORIZATION MATRIX
Introduction
     Chapter 1.5 describes the deadlines and general application
requirements for State program revision applications.  This
Chapter presents a matrix of pertinent information regarding
HSWA authorization.  The Matrix lists each amended section of
RCRA in numerical order.  All of the HSWA provisions for which
States may be authorized are listed.  The various statutory
provisions are correlated with subsequent Federal implementing
regulations (if any).   However, in some instances room does not
allow for all relevant regulatory citations; the revision check-
lists should be consulted for comprehensive citations.

Key to the Matrix

     1.  Authorization Availability

     These four columns of the Matrix indicate the availability
of interim and final authorization for each HSWA provision and
the dates and deadlines•associated with them, as follows:

     Type;  IA   = interim authorization
            FA   = final authorization
            None = not delegable to State programs

    Apply:  earliest date that a State can apply for authorization

  Receive;  earliest date that a State can receive authorization

 Deadline;  deadline for State to modify its program for the
            provision (see §271.21(e))

     2.  Application Requirements

     The State's revision application for authorization of any
of the HSWA provisions will need to include a letter from the
State Director transmitting the revision application and a copy
of the appropriate State statute and rules (if different from
those in the State's Authorization File).  (See page 1.5-11.)
In addition, the application will normally need to include the
Revision Checklists and amendments to the AG's Statement and
Program Description.  Occasionally the MOA may also need to be
modified.  In the "Application Requirements" column, the Matrix
indicates the necessity of the latter four documents by the use
of the following abbreviations:

     AG   = Attorney General's Statement
     PD   = Program Description
     MOA  = Memorandum of Agreement
     CK-# = Revision checklist number #
                             1.7-1

-------
     3.  Other Notes

     Certain HSWA requirements are so integrally related that it
is not feasible for EPA to authorize the State for one without the
other (see discussion on p.  3.3-4).   Each listed provision in the
Matrix is separable from the others  unless it is specifically
linked to the provisions by  an "L" notation in the "Other Notes"
column.  The "L" indicates that authorization for the provision
can be obtained only if the  State has or is receiving authorization
for the other provision(s) identified by number(s) following "L".
                             1.7-2

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                                                  OSWER  DIRECTIVE  #95^0.00-9
                                    CHAPTER 2.1

                                GOVERNOR'S LETTER
 Federal  Requirement

 § 271.5  Elements of a program
 submission.
  (a) Any State that seeks to administer
 a program under this part shall submit to
 the Administrator at least three copies
 of a program submission. The
 submission shall contain the following:
  (1) A letter from the Governor of the
 State requesting program approval;
  (2) A complete program description,
 as required by § 271.6 describing how
 the State intends to carry out its
 responsibilities under this subpart;
  (3) An Attorney General's statement
 as required by § 271.7;
  (4) A Memorandum of Agreement
 with the Regional Administrator as
 required by § 271.8;
  (5) Copies of all applicable State
 statutes and regulations, including those
 governing State administrative
 procedures; and
  (6) The showing required by
 § 27l.20(c) of the State's public
 participation activities prior to program
 submission.

 Introduction

     RCRA Section  3006(b) requires that  "any State which seeks  to  administer
 and enforce  a  hazardous  waste program pursuant to this subtitle may develop
 and, after  notice and opportunity for public hearing, submit to the Admini-
 strator  an  application,  in  such  form as  he shall require,  for  authorization
 of  such  program."   The  Governor's letter transmits  the  State's application
 and is the formal  request for program approval.
  (b) Within 30 days of receipt by EPA
of a State program submission, EPA will
notify the State whether its submission
is complete. If EPA finds that a State's
submission is complete, the statutory
review period (i.e., the period of time
allotted for formal EPA review of a ,
proposed State program under section
3006(b) of the Act) shall be deemed to
have begun on the date of receipt of the
State's submission. If EPA finds that a
State's submission is incomplete, the
review period shall not begin until all
necessary information is received by
EPA.
  (c) If the State's submission is
materially changed during the review
period, the review period shall begin
again upon receipt of the revised
submission.
  (d) The State and EPA may extend the
review period by agreement.
Content

     The  Governor's letter  to EPA should  contain a reference  to  the  Federal
statute,  a reference to the application, a request for approval of  the State
program,  and  the  Governor's signature.
                                   2.1-1

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                                                 OSWER DIRECTIVE #9540.00-9
                                    CHAPTER  2.2

                               PROGRAM DESCRIPTION
Federal  Requirement
 § 271.6  Program description.
  Any State that seeks to administer a
 program under this subpart shall submit
 a description of the program it proposes
 to administer in lieu of the Federal
 program under State law or under an
 interstate compact The program
 description shall include:
  (a) A description in narrative form of
 the scope, structure, coverage and
 processes of the State program.
  (b) A description (including
 organization charts) of the organization
 and structure of the State agency or
 agencies which will have responsibility
 for administering the program, including
 the information listed below. If more
 than one agency is responsible for
 administration of a program, each
 agency must have statewide jurisdiction
 over a class of activities. The
 responsibilities of each agency must be
 delineated, their procedures for
 coordination set forth, and an agency
 must be designated as a "lead agency"
 to facilitate communications between
 EPA and the State agencies having
 program responsibilities. When the
 State proposes to administer a program
 of greater scope of coverage than is
 required by Federal law, the information
 provided under this paragraph shall
 indicate the resources dedicated to
 administering the Federally required
 portion of the program.
  (1) A description of the State agency
 staff who will carry out the State
 program, including the number,
occupations, and general duties of the
employees. The State need not submit
complete job descriptions for every
employee carrying out the State
program.
  (2) An itemizetion of the estimated
costs of establishing and administering
the program, including cost of the
personnel listed in paragraph (b)(l) of
this section, cost of administrative
support, and cost of technical support
This estimate must cover the first two
years after program approval.
  (3) An itemization of the sources and
amounts of funding, including an
estimate of Federal grant money.
available to the State Director to meet
the costs listed in paragraph (b)[2) of
this section, identifying any restrictions
or Kmitations upon this funding. This
estimate must cover the first two years
after program approval
  (c) A description of applicable State
procedures, including permitting
procedures and any State administrative
or judicial review procedures.
  (d) Copies of the permit fonn(s),
application form(s), reporting form(s),
and manifest format the State intends to
employ in its program. Forms used by
States need not be identical to the forms
used by EPA but should require the
same basic information. The State need
not provide copies of uniform national
forms it intends to use but should note
its intention to use such forms.
  Noie:—States are encouraged to use
uniform national forms established by the
Administrator. If uniform national forms are
used, they may be modified to include the
State Agency's name, address, logo, and
other similar information, us appropriate, in
place of EPA's.
                                    2.2-1

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  (e) A complete description of the
State's compliance tracking and
enforcement program.
  (f) A description of the State manifest
tracking system, and of the procedures
the State will use to coordinate
information with other approved State
programs and the Federal program
regarding interstate and international
shipments.
  (g) An estimate of the number of the
following:
  (1) Generators;
  (2) Transporters; and
  (3) On- and off-site storage, treatment
and disposal facilities, and a brief
description of the types of facilities and
an indication of the permit status of
these facilities.
  (h) If available, an estimate of the
annual quantities of hazardous wastes
generated within the State; transported
into and out of the State; and stored,
treated, or disposed of within the State:
On-site; and  Off-site.   .
Introduction
     The  Program Description  is one  of the critical  elements of  a  State's
authorization  application  since  it describes  the  program  that  the  State
plans  to  operate  in  managing  hazardous  wastes.    The  Program  Description
provides  the  State with opportunity to (1)  discuss  differences  between the
State  and Federal  programs and  (2) demonstrate  how  the State  program meets
the tests  for final authorization.

     The  information  to be provided in the Program  Description is specified
in  40  CFR 271.6 (shown  above).   It will  probably be  easiest  for  the  State
and  for  reviewers,  including  EPA  and  the public,  if  the information  is
presented  in the  sequence  shown  in  the  regulations.   The  length of the
Program  Description will  vary among  States, depending on  factors  such  as
complexity of  the  State program,  number  of State  agencies  involved, extent
of  differences  between the State  and Federal programs,  etc.   Further  guid-
ance  is  provided  below  on  selected  elements  of the Program Description;
other  elements  are  self-explanatory.
Scope, Structure,  Coverage and Processes of State  Program - §271.6(a)

     In  this   section  of  the  Program  Description   the  State  generally
describes  its  program  for  control  of hazardous waste.   The  description
should show  how the program satisfies the requirements for final  authoriza-
tion,  reflecting  the  six  statutory  tests,  as  explained  in Chapter  1.3.

     The  Program Description  should show,  in narrative terms, how the State
program  provides  the  coverage corresponding   to  40 CFR Parts 261-265  and
Parts  270  and 124  as  required by the regulations  at  §271.9-13.   In develop-
ing  this  description  the  State  should  find  especially  valuable  the check-
lists  (Appendix A  of  this Manual) completed by the Attorney General as part

-------
of his  Statement.   To the extent that the Attorney General's Statement does
not explain  differences  which exist between the State and Federal programs,
the  differences  should  be  described  in  the  Program Description.   For
example,  explanation may  be  needed  to  demonstrate that  particular State
standards are  consistent with the Federal program.  If the Attorney General
did not complete the checklists, the State agency should complete the check-
lists and attach  it to the Program Description.  As in the case of Attorney
General's Statement,  however,  the State Agency need not complete the check-
lists when  the State has incorporated the federal regulations by reference.


Lead State Agency - §271.6(b)

     In situations  where more than one agency  within  a State has responsi-
bility  for   administering  the State program,  the Program  Description must
identify  one  State  agency as  the "lead  agency"  for purposes  of handling
administrative matters between the State and EPA.

     The identification  of  a lead agency  is  intended  to simplify coordina-
tion  and  communication  between  the  State  and EPA,  not to  designate one
agency as having  the legal  responsibility for  the  hazardous  waste program.
The MOA will  reflect the legal responsibilities  of  the various State agen-
cies and their interaction  with EPA.   The Program Description will describe
the relationship of all State agencies involved in the implementation of the
hazardous waste program  and discuss how the lead agency will  coordinate the
activities  of these  agencies, particularly regarding  their  dealings with
EPA.   The "lead agency" will be the agency that other State agencies and EPA
contact when an issue concerns one or more of the State agencies signing the
MOA or when  it is unclear which State agency should be contacted concerning
a particular matter or issue.


State Procedures - §271.6(c)

     This  section  should  describe  in  detail  the  State's  procedures  for
permitting.    This  description should  address  the  steps  in  submitting  a
permit application, review of the application, and issuance or denial of the
permit.   Modification  and revocation  of permits  should also be discussed.
Public participation and any State administrative or judicial review proce-
dures,  along  with  the activities  of  any special  boards,  should  be high-
lighted.   Unique  procedures,  such as  "permit-by-rule" provisions, should be
described.    If more  than one State agency issues  "RCRA" permits, any major
differences  in permitting procedures should be delineated.

     This section  is  also appropriate  for discussion of the  State's proce-
dures for  revision  of  the  State program.   EPA regulations  at §271.21(e)
require  that the  State  be  able  to revise its  program  within specific time
periods  after  the  Federal  program is  modified or supplemented.  Though this
provision does not become operative until the State is authorized, the State
should nevertheless  set  forth in  the  Program Description the procedures and
typical  time  frames  for  amending  its  statutes  and  regulations.   [Note that
EPA is pursuing a regulatory amendment to §271.21(e) which would extend the
amount of time available  to authorized States in responding to changes in
the Federal  program.]


                                  2.2-3

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                                               OSWER DIRECTIVE #9540.00-9

Compliance Tracking and Enforcement - §271.6(e)

     The State's Program Description must demonstrate the  way in which  the State
compliance monitoring and enforcement program will operate in order to  ensure :

     1.   that all operations of hazardous waste management facilities  are
          conducted in accordance with State standards and permits  issued
          under State standards that meet the requirements for final
          authorization; and

     2.   compliance by hazardous waste generators and  transporters with
          applicable State standards that meet the requirements for final
          authorization.

     The Federal regulations at 271.15(b)(2) require the State to maintain a
program for periodic inspections of the facilities and activities subject to
regulation.  EPA recognizes that resource limitations may  require that  inspec-
tions be conducted in priority order, with "major" hazardous waste  handlers
being inspected at a greater frequency than the "non-major" ones.  The  actual
number of inspections and the priorities for inspections will be negotiated
annually between the State and EPA as part of the grant process and in
accordance with the Annual RCRA Guidance.

     It should be  noted  that EPA  has developed a definition of "major"
hazardous waste handlers to provide consistency in the designation  of these
activities by EPA and authorized States.  States should use this definition
and supporting criteria (discussed in PIG-82-2)  in discussing its selection
of "major" handlers.

     In order to meet compliance tracking and enforcement  goals the State needs
to demonstrate the adequacy of its program including the following  key  funciton
areas:

1)   Inspect all RCRA hazardous waste handlers.   Treaters, storers, disposers,
     transporters, and generators (generating more than 100 kg/month) are
     inspected on a regular basis.  Transportation inspection program description
     would include how State program office coordinates enforcement with Federal
     and/or State Departments of Transportation.

2)   Identify/document violations of RCRA requirements.  Including  evidence
     collection, sampling, and chain of custody procedures and other aspects
     of support for case development.

3)   Take enforcement actions against non-compliant handlers.  Including effective
     use of State enforcement tools (both administrative and judicial authorities ,
     as appropriate).

4)   Follow-up.  Verification of return to compliance, compliance with  schedules
     in an enforcement action, or otherwise.

5)   Carry out policies agreed to in enforcement MOUs and  other agreements.

Estimated Types and Number of Regulated Activities - 271-6(gj&(h)

       The description of the estimated types and numbers of regulated  activities
  is used for evaluating the adequacy of a State's program to regulate

                                    2.2-4

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the activities of  concern.   Thus,  the State should provide the best numeri-
cal estimates, based  on  existing data on  hazardous  waste activities in the
identified categories.

     The  sample  formats  in Table 2 and  Table  3 may be  used  for display of
this information.   Only  those activities  corresponding  to activities regu-
lated under the  Federal  program need to be included.  States are encouraged
to provide a brief narrative explanation of the estimates.
                                  2.2-5

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                     TABLE 2



Estimated Types and Number of Regulated Activities
ACTIVITY TYPE

Generators
Transporters
Storage Facilities
on- site
off-site
Treatment Facilities
on- site
off-site
Disposal Facilities
on- site
off- site
PERMIT STATUS
STATE INTERIM STATUS
STATE PERMIT
RCRA PERMIT

n.a.
n.a.






n.a.
n.a.






n.a.
n.a.






TOTAL










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               TABLE 3



Annual Quantities of Hazardous Wastes
ACTIVITY
ANNUAL QUANTITIES

Generated in the State
Transported
into the State
out of the State
Stored, Treated, Disposed in the State
on-site
off-site



-



              2.2-7

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                                                 OSWER DIRECTIVE  #95*10.00-9
                                  CHAPTER  2.3

                         ATTORNEY GENERAL'S  STATEMENT
Federal  Requirement
§ 271.7 Attorney GeneraTs statement
  (a) Any State that seeks to administer
a program under this subpart shall
submit a statement from the State
Attorney General (or the attorney for
those State agencies which have
independent legal counsel) that the laws
of the State provide adequate authority
to carry out the program described
under § 271.8 and to meet the
requirements of this subpart This
statement shall include citations to the
specific statutes, administrative
regulations and. where appropriate.
judicial decisions which demonstrate
adequate authority. State statutes and
regulations cited by the State Attorney
General or independent legal counsel
shall be in the form of lawfully adopted
State statues and regulations at the time
the statement is signed and shall be
fully effective by the time the program is
approved. To qualify as "independent
legal counsel" the attorney signing the
statement required by this section must
have full authority to independently
represent the State agency in court on
all matters pertaining to the State
program.
  Note:—EPA will supply States with an
Attorney General's statement format on
request.

  (b) When a State seeks authority over
activities on Indian lands, the statement
shall contain an appropriate analysis of
the State's authority.
Introduction
     The following guidance is .intended  to assist the attorney  preparing the
Attorney General's  Statement for  Final  Authorization  under Section  3006(b)
of  The Solid Waste Disposal  Act,  as  amended  (RCRA,  42  U.S.C.  §6901,  et
seg.).  The  Attorney General's  Statement  is a required element of a  State7!
application  for  final  authorization (see 40 CFR 271.7) which provides certi-
fication by  the Attorney  General  (or  the  attorney for those State or inter-
state  agencies  which  have  independent legal counsel)  that  State  law  and
regulations  (and  interstate compacts  or  agreements if  applicable)  provide
adequate authority to  meet the applicable requirements for final  authoriza-
tion  and  to  carry  out the  State  program in  lieu  of the Federal program.

                                    2.3-1

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     In  some  States,  the Attorney  General is  authorized to  issue  formal
legal opinions which carry significant legal weight.   The Attorney General's
Statement need not be such a formal opinion of the Attorney General  but must
reflect his/her official legal  opinion.

     The attorney preparing  the  Attorney General's Statement should consult
40 CFR  271 Subpart  A  which contains the regulatory  requirements  for final
authorization and  discussions  found  in  preambles at  45 Fed.  Reg.  33377 -
33396.   (Also see 46 FR 36704-36706.)


Purpose of the Attorney General's Statement


     The Attorney General's  Statement is a central part of a State's appli-
cation for final authorization  of the State's hazardous waste program and is
relied on  to  identify  what legal authorities exist in the State and whether
those legal authorities are  adequate to enable the State Program to operate
in lieu  of the Federal program.   (See  preamble discussion at  45  Fed.  Reg.
33379).   The  application  review  process includes review by EPA attorneys at
the Regional  Offices and  at Headquarters.   Because EPA attorneys may not be
familiar with the  State's law, it is important  that  the Attorney General's
Statement be  as clear  and detailed as possible in identifying and analyzing
State legal authority.  As  part  of the  application,  the Attorney General's
Statement will  be  reviewed  by  the public;  it  will  also be valuable both to
the State  and to  EPA where the EPA decision on the final authorization of a
State program is  challenged.  Furthermore,  should it  become necessary for
EPA to  take  an enforcement action  in  the State after  the  State  is autho-
rized,  EPA would rely on the Attorney General's Statement for an understand-
ing of State  law  since the State  law would be operating in lieu of Federal
law.
Who Should Sign the Attorney General's Statement


     The Attorney General's  Statement must be signed  by  the State Attorney
General or  "the attorney  for those State or  interstate  agencies that have
independent  legal  counsel"  (40  CFR  271.7(a)).   This provision  allows the
following persons to  sign  the Attorney General's  Statement:   (1) the State
Attorney General or  an  attorney  in his/her office who is authorized to sign
for the Attorney General;  or, (2) a Deputy or Assistant Attorney General if
authorized to  do so.   Authorization should be in writing, case law, or sta-
tute.

     Independent legal  counsel.   As provided in 40 CFR 271.7(a), to qualify
as independent  legal  counsel  the attorney signing  the Statement "must have
full authority  to  independently  represent the State  Agency in court on all
matters pertaining  to the  State program."   Thus,  independent legal counsel
must have  authority  to enforce  all aspects of the  State program in court,
including authority to enforce criminal violations of  the State program, and
to issue opinions interpreting the State law relevant  to  the program.  Those
opinions  may  not  be subject to  being superceded  by the  opinions  of the
                                   2.3-2

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Attorney  General.   Whenever  independent  legal  counsel signs  the  Attorney
General's Statement, he/she must provide a statement explaining the scope of
his/her authority and legal basis therefore.

     If more than one agency of State government administers or enforces the
State  program,  independent legal  counsel  for one  participating  agency may
not  certify  as to  the  legal  authority  for aspects  of the program admini-
stered or enforced  by other agencies.   In  that  case, certification must be
made by  the  independent  counsel for each agency or by the Attorney General.


The Model
     1.  General

     The Model  provided  in  this chapter suggests  a  format for the required
certification and for the identification and analysis of State laws, regula-
tions, and judicial  decisions.   The model is  composed  of the minimum legal
elements  and checklists  corresponding  to  these  elements.   The checklists
suggested  for  use  with the  Attorney General's Statement can be  found in
Appendix A.   The Model  is  only a  guide.   The format may be varied as re-
quired by the  needs  of individual  States.  However, each  Attorney General's
Statement should contain at least the following:

     A.   Certification.  The Attorney  General's  Statement  must  contain a
general  statement  certifying,  in  narrative  form, that State  law provides
adequate  authority  to  carry out  the  program  set forth  in  the  Program
Description.

     B.   Citations of Laws and Requirements.    The   Model  provided  below
contains  the  legal  elements which  should  be addressed by  the  Attorney
General  for  final  authorization.   For  each  element, the Attorney General
should cite  the specific State enabling authority  and the  specific State
regulations covering that element.

     C.   Attorney General's Analysis of Authorities.  For each element pro-
vided  in the  Model,  the Attorney General should analyze,  in narrative form,
whether, why,  and  how  the cited authority provides  the requisite authority
for  the  relevant  program  requirements,  including  analysis  of legislative
history, State  case law, or  rules of  construction  where appropriate.   (It
may  also  be  necessary  for  the  Attorney General to  provide  analysis of the
legal  authority for certain  promises  made  in the MOA  as  discussed on page
1.3-7). He/she should explain any problems or peculiarities in State author-
ity, and identify  any  State  legal  requirements  which may be less stringent
or  less  inclusive  than the  Federal  requirements.   If,  for  example,  the
State's statutory  definition  of hazardous waste excludes waste pesticides,
the  Attorney General's  analysis should include  the precise  scope  of the
exclusion and other relevant  information (e.g., coverage of waste pesticides
under  other  State  statutory authority).  Another  example  would be where the
State's  inspection  authority applies  only  to the "premises"  of  certain
parties;  the Attorney  General should explain  the  extent  to which the State
is  authorized  to inspect the vehicles  of transporters  of hazardous waste.
Note that it  will  be the unusual instance where citation  to authority with-
out further analysis will suffice.

                                   2.3-3

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     D.   Date of Enactment of Laws and Adoption of Regulations.  This infor-
mation is  important  in  light of the requirement under 40 CFR 271.7 that all
regulations be adopted  pursuant  to State procedural requirements before the
Attorney General's Statement is signed.


     2.   The Checklists

     The Model contains references to checklists that are intended to assist
the Attorney  General  in providing precise citation to specific EPA require-
ments  and  in  eliminating the task of  providing  narrative  explanation where
State  regulations  do not  differ from EPA regulations.  The checklists are
found  in Appendix  A.    In  addition,  the  checklists function to highlight
those  aspects of  State  law which  require  explanation  or  comment.   Such
explanation or  comment  is  necessary wherever State  law provides different
coverage and  should  be  attached to the checklist  with  "comment  attached at
	" in  the column  for explanations  or, if brief,  included  in that
column.  The  Attorney General  may choose to include  the checklists  as part
of the Attorney  General's Statement or to use them merely as a guide to all
relevant Federal requirements.   Checklists which are completed and included
as part  of the  signed statement will  be  considered as  part of the Attorney
General's certification.

     The checklists  identify only in capsule narrative and by citation, all
the relevant requirements for specific regulations.  Therefore, it is imper-
ative that attorneys preparing the Attorney General's Statement refer to the
cited  Federal  regulations before providing the  State citations.   Note that
the  checklists   cite  all elements  of the Federal  program.  State  law may
provide  for  some  of these  elements  in  a manner more stringent  than the
Federal  program.  States  may include  information on these  more stringent
elements to provide  EPA and the public with  a more complete description of
the State program.

     It is important to note that in order for the State to demonstrate that
it qualifies  for final  authorization a detailed analysis of the  State regu-
lations  is needed.   EPA considers  the  use  of  these  checklists to  be the
simplest method  of achieving  this demonstration.   If  the  checklist is not
included as part of the Attorney General's Statement,  the Attorney General
must  use  some  other method of demonstrating  that the State  has specific
regulations comparable to the Federal ones.


Incorporation of Federal  Regulations by Reference


     Where a State has incorporated by reference any Federal  regulation, the
Attorney General should demonstrate the authority  to adopt  State  regulations
in  this  manner.    The  Attorney General  should cite  the State statutes and
regulations,  listing  the comparable CFR cite and  date of incorporation.  To
the extent that  the State incorporates by reference entire  Parts  or Subparts
of the Federal regulations (e.g., 40 CFR Part 264  or Subpart A),  there  is no
need to  complete the checklist  identifying each provision  of the incorpor-
ated Part  or  Subpart.   Where only certain sections of a Part or  Subpart are
incorporated, they should be identified on the checklist, but do  not  require


                                   2.3-4

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further explanation.   If the  State's  incorporation  is  intended  to include
any  EPA  revisions that  may  occur in the future, then  the  Attorney General
should cite State authority both to promulgate and to enforce regulations in
this manner.*  The  State should note that  the  Attorney General's Statement
includes a certification that  State statutes and regulations shall be fully
effective by the time the program is approved.


State Jurisdiction over  Indian lands
     Some States may  wish  to assert jurisdiction over Indian lands in their
RCRA final authorization application (see Element X of the Model).   Pursuant
to Federal  law,  EPA cannot approve a State's assertion of jurisdiction over
Indian lands absent a clear and unambiguous expression  of intent  to confer
State jurisdiction  through  either  a Federal statute or an applicable treaty
with an  affected tribe.   (Note that RCRA  itself cannot  be  deemed  such an
expression of  intent).   In  the absence of such a Federal statute or treaty,
EPA has exclusive jurisdiction over Indian lands.


Establishing a Format to Meet Individual State Needs


     There  is  no specific  format  which must  be followed  by each Attorney
General in preparing the Attorney General's Statement for the Final Authori-
zation application; this  guidance  is  intended  to  provide  only  suggested
options.   It  is recommended  that  the attorney  preparing  the Attorney Gen-
eral's Statement talk  with  the  EPA Regional  Counsel   responsible  for the
State program  early in  the application process.  It is essential  that the
format chosen  for  the Attorney General's Statement be  coordinated with the
formats chosen  for  other parts of the application developed by the staff of
the State program.                                               	


EPA Review of Attorney General's Statements


     Section 271.7  requires that  the Attorney  General's  Statement include
citations to statutes,  regulations and  judicial decisions which demonstrate
that the  State  has  adequate authority to administer  its program in lieu of
*State Attorneys  General  should  note that a number  of  State Supreme Court
 cases hold that  State  statutes which adopt prospective Federal legislation
 or  regulations  constitute  an unconstitutional  delegation  of legislative
 authority.    See. e.g.,  State of North Dakota  v.  Julson,  202 N.W.2d  145
 (1972);   Dawson  v.  Hamilton,   314  S.W.2d  532  (1958); Cheney  v.  St. Louis
 Southwestern Railway Co..  239 Ark.  870,   394  S.W.2d 731  (1965);  State of
 West Virginia v.  Ginstead.  157 W. Va. 1001, 206 S.E.2d 912 (1974); Schryver
 v. Schirmer. 84  S.D.  352,  171 N.W.2d 634 (1969); State v.  Johnson. 84 S.D.
 536, 173 N.W.2d 894 (1970).
                                   2.3-5

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the Federal program.   EPA has recommended that the Attorney General's State-
ment also  Include a narrative analysis  of whether, why, and  how  the cited
authority  provides  sufficient legal  authority for  the State  program.   In
reviewing Attorney General's  Statements  for interim authorization, however,
EPA  found  that  in  some  instances  narrative  analyses  were  not  provided.
Where such analyses  are missing in an Attorney General's Statement for final
authorization, and  EPA's review  of  the cited authority  indicates that the
law or  regulation is  ambiguous or does  not  appear to meet Federal require-
ments,   EPA  may ask the  Attorney General  to supplement  his statement.   He
would  be asked  to  address  specific  legal  issues  raised  by  the Agency's
review  of  the  State  statutes and regulations cited by him.  On occasion EPA
may also ask  that the Attorney General  clarify or expand a prior narrative
analysis.

     The  purpose of  these  requests  is  not  to   "second  guess"  the State
Attorney General  on matters  of  State law,  but to  assure that he  has not
overlooked major legal issues in arriving at his opinion.  Most importantly,
EPA  must  have a sound  legal  record  for authorizing  the State program.
Without  further  comment  from  the Attorney General  on certain  issues,  EPA
generally cannot  determine whether there is a plausible argument  in  support
of  the  State's legal  position that  its  laws and regulations meet the re-
quirements of Federal  law for State authorization.

     For example, if  the State Attorney General  provides  a general  opinion
that a  State  hazardous waste statute  allows  the  State to regulate all haz-
ardous  waste  facilities,  but the statute appears  to exempt  surface impound-
ments,   EPA  would bring this  issue  to his attention and  ask him to  address
it.  In another example,  if the hazardous waste  statute or regulation ap-
pears  to exclude waste  pesticides,  which EPA regulates,  EPA  would ask the
State Attorney General to reconcile the difference in coverage.  Once he has
specifically  addressed an issue  requiring an  interpretation  of State law,
however, EPA would defer to his opinion where it is supported  by a plausible
argument.   In the  last  example,  the Attorney  General might explain that
waste  pesticides are  regulated  under a State statute  dealing exclusively
with pesticides.

     EPA does  not defer  to  a State Attorney General  on matters of  Federal
law, including  the  issue of whether  a State  program (as  interpreted by the
State  Attorney General)  meets  applicable Federal  regulations.   In  the ex-
ample  above,  EPA attorneys  would accept the conclusion  that  Stae law pro-
vides  authority  to  regulate  waste pesticides  but would  draw on their own
conclusions about whether the  State authority is  adequate  to meet  EPA re-
quirements for program approval.
                                   2.3-6

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         MODEL ATTORNEY GENERAL'S STATEMENT FOR FINAL AUTHORIZATION
I hereby certify, pursuant to my authority as 	 and in
accordance with  Section  3006(b)  of the Solid Waste  Disposal  Act as amended
by the  Resource  Conservation and Recovery Act, as  amended (42 USC 6901, et
seq.),  and  40   CFR  271  that  in  my  opinion  the  laws  of  the  State
[Commonwealth] of	'    provide adequate  authority  to  carry out
the program  set  forth in the "Program Description"  submitted by the [State
Agency].  The specific authorities provided, which are contained in statutes
or regulations  lawfully adopted  at the  time  this Statement  is signed and
which shall  be  fully effective by the time the program is approved, include
those identified below.
I.  IDENTIFICATION AND LISTING


     A.   State  statutes  and  regulations  define  hazardous  waste so  as  to
control all the  hazardous  waste controlled under 40 CFR 261 as indicated in
Checklist I A.

[Here the Attorney  General  should cite State statutes and regulations which
define  relevant  terms  such as  "hazardous  waste," "waste,"  "solid  waste,"
"discarded substances," "substances  for re-use and recycling," etc.  includ-
ing any exclusions from these definitions.]

[Federal Authority:   RCRA §3001 (42 U.S.C.  6921); 40 CFR 261, 271.9.]

     B.   State  statutes and regulations contain  a list  of  hazardous waste
and  characteristics  for  identifying  hazardous waste  which  encompass  all
wastes  controlled  under 40  CFR 261 as  indicated in  Checklist I B  and C.

[Federal Authority:   RCRA  §3001(b)  (42 U.S.C.  6921);  40 CFR  261,  271.9.]


II.  STANDARDS FOR GENERATORS


     State statutes  and regulations provide coverage  of  all  the generators
covered by 40 CFR 262 as indicated in Checklist II.

[Federal Authority:   RCRA §3002 (42 U.S.C.  6922); 40 CFR 262, 271.10]


III.  STANDARDS FOR TRANSPORTERS
     State statutes and regulations provide coverage of all the transporters
covered by 40 CFR 263 as indicated in Checklist III.

[Federal Authority:  RCRA §3003 (42 U.S.C. 6923); 40 CFR 263, 271.11]
                                   2.3-7

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IV.   STANDARDS FOR FACILITIES
     A.    State statutes and regulations provide permit standards for hazar-
dous waste  management  facilities  covered  by  40  CFR  264  as  indicated  in
Checklist IV A.

[Federal Authority:   RCRA §3004 (42 U.S.C.  6924); 40 CFR 264,  271.12]

[Where a State provides  for interim status for  facilities, analysis of the
State's authority should  be included here.   Model  language is  presented  in
Section B below.]

     B.    State  statutes and  regulations  provide  for  interim status  and
include interim status standards for hazardous  waste  management facilities
covered by 40 CFR 265 as indicated in Checklist IV B.

     1.    State  statutes  and regulations authorize owners and  operators  of
hazardous waste management facilities which would quality for interim status
under the federal program to remain in operation until  a final decision is
made on the permit application;

     2.    State law and regulations authorize continued operation of hazard-
ous waste management  facilities  provided that owners and operators  of such
facilities  comply with  standards  at  least as  stringent as EPA's  interim
status standards at 40 CFR 265; and

     3.    State  law and  regulations  assure that any facility qualifying for
State interim status continues to qualify for Federal interim status.

[Federal Authority:   RCRA §3005(e)  (42  U.S.C.  6925); 40 CFR 265, 271.13(a)]
V.   REQUIREMENTS FOR PERMITS  	
     State  statutes and  regulations  provide requirements  for
indicated in Checklist V.
                               permits  as
[Where there are no State regulations
requirements designated  in  Checklist
   covering one or more of the procedural
   V, and the State has agreed in  the  MOA
to  follow equivalent  requirements,  the  Attorney General's  Statement must
provide  a discussion  of  the State's  authority (1)  to  enter  into  such an
agreement  and  (2) to  carry out the  agreement.   This discussion should in-
clude an  explanation  of why (under any State  administrative procedure act)
the particular  requirements  the State has agreed  to  follow in the issuance
of all hazardous waste permits need not be in the form of rules.]
[Federal  Authority:   RCRA  §3005
6974); 40 CFR 271.13 and .14]
(42  U.S.C  6925);  RCRA §7004  (42  U.S.C.
                                   2.3-8

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VI.   INSPECTIONS


     State law provides  authority  for officers engaged in compliance evalu-
ation  activities  to  enter any  conveyance,  vehicle,  facility  or  premises
subject to regulation  or in which records relevant to program operation are
kept in order  to  inspect,  monitor, or otherwise investigate compliance with
the State program  including compliance with permit terms and conditions and
other  program  requirements.   (States whose  law  requires a  search  warrant
prior to entry conform with this requirement).

[Federal Authority:  RCRA §3007 (42 U.S.C. 6927),  40 CFR 271.15]


Citation of Laws and Regulations; Dates of Enactment and Adoption

Remarks of the Attorney General


VII. ENFORCEMENT REMEDIES


     State statutes and regulations provide the following:

     A.   Authority to  restrain immediately  by order or by suit  in State
          court any person  from engaging in any unauthorized activity which
          is endangering or causing  damage to public health or the environ-
          ment.

[Federal  Authority:    RCRA §3006  (42  U.S.C.   6926);  40  CFR  271.16(a)(l)]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney-general

     B.   Authority to sue in courts of competent jurisdiction to enjoin any
          threatened  or  continuing  violation  of  any program  requirement,
          including  permit conditions,  without  the necessity  of  a prior
          revocation of the permit.

[Federal  Authority:    RCRA §3006  (42  U.S.C.   6926);  40  CFR  271.16(a)(2)]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

     C.   Authority to assess  or sue to recover in court civil  penalties in
          at least the amount  of $10,000 per day for any program violation.

[Federal authority:   RCRA  §3006  (42 U.S.C.  6926);  40  CFR 271.16(a)(3)(i)]
                                   2.3-9

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Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

     D.   Authority to obtain criminal  penalties  in at least the  amount  of
          $10,000 per day  for each violation, and imprisonment  for at least
          six months against any person who knowingly transports any hazard-
          ous  waste  to  an  unpermitted  facility;  who treats,  stores,  or
          disposes  of  hazardous waste  without  a permit;  or who  makes  any
          false  statement  or  representation  in  any  application,  label,
          manifest, record,  report,  permit, or other  document  filed,  main-
          tained, or used for the purposes of program compliance.

[Federal Authority:  RCRA  §3006 (42  U.S.C. 6926); 40 CFR  Z71.16(a)(3)(1i).]


Citation of Laws and Regulations; Dates of Enactment and Adoption

Remarks of the Attorney General


VIII. PUBLIC PARTICIPATION IN THE STATE ENFORCEMENT PROCESS
     State  laws  and  regulations provide  for  public  participation  in  the
State enforcement process by providing either:

     A.    Authority to allow intervention as of right in any civil or admin-
          istrative action  to  obtain the remedies  specified  in Section  VII
          A, B and C above by any citizen having an interest which is or may
          be adversely affected; or

     B.    Assurances that  the  State  agency or enforcement  authority will:

          (1)  Investigate  and  provide  written   response to  all  citizen
               complaints duly submitted;

          (2)  Not  oppose  intervention  by  any   citizen  where  permissive
               intervention may be authoritized by statute, rule, or regula-
               tion; and

          (3)  Publish  and  provide at  least 30 days  for  public comment on
               any proposed settlement of a State enforcement action.

[Federal Authority:  RCRA §7004 (42 U.S.C. 6974); 40 CFR 271.16(d)]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General
                                   2.3-10

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IX.  AUTHORITY TO SHARE INFORMATION WITH EPA


     State  statutes  and regulations  provide  authority  for  any information
obtained or used  in  the administration of the State program to be available
to EPA upon request without restriction.

[Federal Authority:  RCRA §3007(b) (42 U.S.C.  6927); 40 CFR 271.17]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General



X.   AUTHORITY OVER INDIAN LANDS


[Where a State seeks authority over Indian lands appropriate analysis of the
State's authority should be included here.]

[Federal Authority:  40 CFR 271.7(b)]

Citation of Laws and Regulations; Dates of Enactment and Adoption

Remarks of the Attorney General



Seal of Office
                                             Signature
                                             Name (Type or Print)
                                             Title
                                             Date
                                   2.3-11

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                                                  OSWER  DIRECTIVE #95^0.00-9
                                  CHAPTER  2.4

                            MEMORANDUM  OF  AGREEMENT
Federal Requirement
 § 271.8  Meiiioi Miduiii of AQreenMfit wttti
           Aoininistrstor.
   (a) Any State that seeks to administer
 a program under this subpart shall
 submit a Memorandum of Agreement
 (MOA). The Memorandum of Agreement
 shall be executed by the State Director
 and the Regional Administrator and
 shall become effective when approved
 by the Administrator. In addition to
 meeting the requirements of paragraph
 (b) of this section, the .Memorandum of
 Agreement may include other terms,
 conditions, or agreements consistent
 with this subpart and relevant to the
 administration and enforcement of the
 State's regulatory program. The
 Administrator shall not approve any
 Memorandum of Agreement which
 contains provisions which restrict EPA's
 statutory oversight responsibility.
  (b) All Memoranda of Agreement
 shall include the following:
  (1) Provisions for the Regional
 Administrator to promptly forward to
 the State Director information obtained
 prior to program approval hi
 notifications provided under section
 3010(a) of RCRA. The Regional
 Administrator and the State Director
 shall agree on procedures for the
 assignment of EPA identification
 numbers for new generators,
 transporters, treatment, storage, and
 disposal facilities.
  (5) No limitations on EPA compliance
inspections of generators, transporters.'
or non-major HWM facilities under
paragraph (b)(4) of this section shall
restrict EPA's right to inspect any
generator, transporter, or HWM facility
which it has causa to believe is not in
compliance with RCRA; however, before
conducting such an inspection, EPA will
normally allow the State a reasonable
opportunity to conduct a compliance
evaluation inspection.
  (6) Provisions for the prompt transfer
from EPA to Ac State of pending permit
applications and any other information *
relevant to program operation not
already in the possession of the State
Director (e.g., support files for permit
issuance, compliance reports, etc.).
When existing permits are transferred
from EPA to the State for
administration, the Memorandum of
Agreement shall contain provisions
specifying a procedure for transferring
the administration of these permits, tf a
State lacks the authority to directly
administer permits issued by the Federal
government, a procedure may be
established to transfer responsibility for
these permits.
                                    2.4-1

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  (2} Provision* specifying the frequency
and content of reports, documents and
other information which the State is
required to submit to EPA. The State
shall allow EPA to routinely review
State records, reports, and files relevant
to the administration and enforcement
of the approved program. State reports
may be combined with grant reports
where appropriate.
  (3) Provisions on the State's
compliance monitoring and enforcement
program, including:
  (i) Provisions for coordination of
compliance monitoring activities by the
State and by EPA. These may specify
the basis on which the Regional
Administrator wfll select facilities or
activities within the State for EPA
inspection. The Regional Administrator
will normally notify the State at least 7
days before any such inspection; and
  (ii) Procedures to assure coordination
of enforcement activities.
  (4) Provisions allowing EPA to
conduct compliance inspections of all
generators, transporters, and HWM
facilities in each year for which the
State is operating under final
authorization. The Regional
Administrator and the State Director
may agree to limitations on comptiaiu
inspections of generators, transporters,
and non-major HWM facilities.
  Not*.—For example. EPA and the State
and the permittee could agree that the State
would issue a permit(«) identical to the
outstanding Federal permit which would
simultaneously be terminated.

  (7) Provisions specifying classes and
categories of permit applications, draft
permits, and proposed permits that the
State will send to the Regional
Administrator for review, comment and,
where applicable, objection.
  (8) When appropriate, provisions for
joint processing of permits by the State
and EPA, for facilities or activities
which require permits from both EPA
and the State under different programs.
See §  124.4
  Note.—To promote efficiency and to avoid
duplication and Inconsistency, States are
encouraged to enter into joint processing
agreements with EPA for permit issuance.

  (9) Provisions for the State Director to
promptly forward to EPA copies of draft
permits and permit applications for all
major HWM facilities for review and
comment The Regional Administrator
and the State Director may agree to
limitations regarding review of and
comment on draft permits and/or permit
applications for non-major HWM
facilities. The State Director shall supply
EPA copies of final permits for all major
HWM facilities.
  (10) Provisions for the State Director
to review all permits issued under State
law prior to the date of program
approval and modify or revoke and
reissue them to require compliance with
the requirements of this subpart. The
Regional Administrator and the State
Director shall establish a time within
which this review must take place.
  (11) Provisions for modification of the
Memorandum of Agreement in
accordance with this subpart.
  (c) The Memorandum of Agreement.
the annual program grant and the State/
EPA Agreement should be consistent. If
the State/EPA" Agreement indicates that
a change is needed in the Memorandum
of Agreement, the Memorandum of
Agreement may be amended through the
procedures set forth in this subpart The
State/EPA Agreement may not override
the Memorandum of Agreement
  Note.—Detailed program priorities and
specific anmngemeats far EPA support of the
State program will change and are therefore
more appropriately negotiated in the context
of annual agreements rather than in the
MOA. Ihmevej. it may still be appropriate to
specify in the MOA the basis for such
detailed agreements, e.g, a provision in me
MOA specifying that EPA will select fatalities
in the State for inspection annually as part of
the State/EPA agreement
                                    2.4-2

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Introduction
     The Memorandum of  Agreement (MOA) is the  vehicle  for specifying areas
of coordination and cooperation in the respective roles and responsibilities
of  EPA and  the authorized  State.   As  such,  the  MOA  should be  a dynamic
instrument,  reviewed  and  revised annually  to  accommodate changes  in the
maturing State-EPA relationship.

     The  MOA provides  for the  transfer  of permit issuance  responsibility
from EPA, establishes a framework for EPA overview  of the administration and
enforcement of the approved program, and provides for the exchange of infor-
mation  between  EPA and the State.   The  MOA may  also contain  other other
State-EPA agreements that  are  relevant to the implementation of the hazard-
ous  waste program,  such  as  State  agreement  to employ  certain procedures
analogous to those  of  40 CFR 270 and 124 as described on page 1.3-7 of this
Manual.  The effective  date  of the  MOA will be the date that the notice of
the State's authorization is published in the Federal Register.


Model
     The following Model has been written as a guide to meeting the require-
ments of 40  CFR  271.8.   It is based  on the premise that the MOA is to com-
plement other  elements  of  the  State program submission  by focusing on the
area  of State-EPA  coordination.   Several  areas  where  the Region  and the
State may  need or  want to expand  the basic  framework have  been  noted in
brackets.   Each Region  undoubtedly  will have additional  terms it will want
to  include  in  some or all  of  its  MOA's.   For  illustrative  purposes the
contents of the Model are outlined below.

     I.    General
	 II.    Policy Statement
   III.    State Program Review
               A.    General
               B.    Identification of Major Hazardous Waste Handlers
    IV.    Information Sharing
               A.    General
               B.    EPA
               C.    State
               D.    Site Visits
               E.    Emergency Situations
               F.    Confidentiality
     V.    Permit Issuance
               A.    EPA Permitting
               B.    EPA Overview of State Permits
               C.    State Permitting
    VI.    Permit Administration
               A.    EPA
               B.    State
   VII.    Compliance Monitoring and Enforcement
               A.    EPA
               B.    State
                                  2.4-3

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Signatories


     Generally, the  MOA is  signed  by the  State Director  and  the Regional
Administrator.  While  the  regulations at §271.8(a) require  the  approval  of
the Administrator of EPA before the MOA can become effective, EPA Delegation
8-7,  "State  Hazardous  Waste Programs and State  Program  Submittals,"  allows
the Regional  Administrator  to  sign the MOA on  behalf  of the Administrator.

     EPA regulations at §270.2 define State Director as:

          ...the chief administrative officer  of any State  or inter-
          state agency  operating  an  approved  program,  or the delegated
          representative of  the State Director.   If  responsibility is
          divided among two or more State or interstate agencies, State
          Director means the chief administrative officer of the State
          or  interstate agency  authorized to  perform  the particular
          procedure or function to which reference is made.

Where the directors  of two or more State agencies share substantive respon-
sibilities  for the  functions  described  in the  MOA  (e.g., one  agency has
responsibility  for  the issuance of permits to  hazardous waste incinerators
and  another  for  disposal  facilities),  the  directors   of each  of  those
agencies  must sign  the MOA with  EPA.   The MOA must clearly  indicate the
specific  responsibilities  assumed by  each  of the State Directors and must
describe how  they will share and coordinate implementation of those provi-
sions of the MOA which concern more than one State agency.  This may be done
in  a  separate section  of  the MOA  or by designating  specific State agency
responsibilities throughout the text of the MOA.

     Note that where  the  divergence  of  responsibility  involves solely en-
forcement authority, an agreement among the State agencies would be allowed
as  an alternative to having each enforcement  arm sign the MOA.  Agreements
with  enforcement  agencies  of  local  units  of  government  are  not required.
                                  2.4-4

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                           MEMORANDUM OF AGREEMENT

                                   BETWEEN

                          THE STATE OF 	

                                     AND

              THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                                  REGION
I.   GENERAL


This Memorandum of Agreement (hereinafter "Agreement") establishes policies,
responsibilities, and procedures  pursuant to 40 CFR  271.8  for the State of
	 Hazardous Waste  Program (hereafter "State Program") author-
ized under Section 3006 of the Resource Conservation and Recovery Act (here-
inafter  "RCRA"  or "the  Act")  of  1976  (Public Law 94-580, 42 USC §6901 et
seq.) and  the  United States Environmental Protection Agency (hereafter EPA)
Regional  Office for  Region 	.   This  agreement further  sets  forth  the
manner in which the State and EPA will coordinate in the State's administra-
tion of the State program.

This Agreement  is  entered into by the Director [or other title as appropri-
ate] of      [State Agency]      (hereinafter "Director" or "the State") and
the  Regional   Administrator,   EPA   Region   	  (hereinafter  "Regional
Administrator"  or  "EPA").   [Where  State program responsibility  is  shared
among two or more agencies, each of the agencies is to be identified here as
a party to the Agreement, the director of each is to sign the Agreement, and
the Agreement  must  identify which of the agencies is  responsible for each
provision of the Agreement.]

For administrative purposes, the      [State Agency]      will serve as lead
agency to simplify coordination and communication between the State and EPA.
[This provision need not  be  included  in the MOA  where there  is only one
responsible State Agency.]

Nothing  in  this agreement  shall  be construed to restrict  in  any way EPA's
authority  to  fulfill its  oversight and  enforcement  responsibilities under
RCRA.   Nothing in this agreement shall be construed to contravene  any provi-
sion of 40 CFR Part 271.

The parties  will  review the  Agreement  jointly at least  once a  year (and
other times  as appropriate) during preparation  of  the annual  State Grant
Work Program  (hereinafter "State  Work  Program"),  in connection with grant
funding under section 3011 of RCRA.

This Agreement  may be  modified upon the  initiative of either party in order
to ensure consistency with State program modifications made or for any other
purpose  mutually  agreed  upon.    Any revisions  or  modifications  must  be in
writing  and  must  be signed by  the  State  and the  Regional  Administrator.

                                  2.4-5

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This  Agreement will  remain  in effect  until  such  time  as  State  program
authorization is withdrawn by or is voluntarily transferred to EPA according
to  the criteria  and procedures  established  in  40 CFR  271.22 and  40  CFR
271.23.

This Agreement shall be executed by the State and the Regional Administrator
and  shall  become  effective at  the  time  the  State's authorization  takes
effect, which  shall be the  date  of publication in  the Federal  Register of
EPA's decision to grant authorization to the State.


II.  POLICY STATEMENT

Each of the  parties to this Agreement is  responsible  for ensuring that its
obligations under  RCRA  are  met.   Upon granting final  authorization  by EPA,
the State assumes primary responsibility for implementing the RCRA hazardous
waste  program  within  its boundaries.   EPA  retains  its  responsibility to
ensure full and faithful  excecution of the  requirements  of RCRA, including
direct implementation  in  the event  the  State is unable  to act.   The State
and the Regional Administrator agree to maintain a high level  of cooperation
and coordination between  their  respective  staffs in a partnership to assure
successful and effective administration of the State program.

EPA  assumes  an  oversight role  upon  granting final  authorization  to  the
State.   EPA  will  oversee State program implementation  in order  to ensure
full execution of  the  requirements of RCRA, to promote national consistency
in  implementation  of the  hazardous waste program, to allow EPA to report to
the President and  Congress  on  the achievements of  the hazardous waste pro-
gram,  and  to encourage States  and the EPA  to  agree on  desirable technical
support and targets for joint  efforts to prevent and mitigate environmental
problems  associated  with  the  improper  management  of  hazardous  wastes.
Oversight  will  be  accomplished by  EPA  through written  reporting require-
ments,   permit overview,  compliance  and enforcement  overview,  and annual
review of States'  programs.


III. STATE PROGRAM  REVIEW

A.   General

     The  Regional   Administrator  will assess  the State  administration and
     enforcement of the  hazardous  waste program on a continuing basis for
     equivalence and  consistency with  RCRA, with  this Agreement, and with
     all   applicable Federal  requirements  and policies and for adequacy of
     enforcement.    This  assessment  will  be  accomplished by EPA review of
     information submitted  by  the  State in  accordance with  this Agreement
     and the State Work Program, permit overview, compliance  and  enforcement
     overview, and  annual review of State program activities.  The  Regional
     Administrator  may  also consider,  as  part  of  this  regular  assessment,
     written comments about  the State's program administration and enforce-
     ment that are  received from regulated persons,  the public, and Federal,
     State and  local agencies.   Copies of any  such  comments  received by the
     Regional Administrator will be provided to the  State.
                                  2.4-6

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     To  ensure  effective  program  review,  the  State  agrees  to allow  EPA
     access to  all  files  and  other  information  requested by  the  Regional
     Administrator and deemed  necessary for reviewing State program admini-
     stration and enforcement.

     Review of [State Agency] files may be scheduled at quarterly intervals.
     Program review meetings between the State and the Regional Administra-
     tor or  their assignees will  be scheduled  at  reasonable  intervals not
     less  than  annually  to  review specific operating  procedures  and sche-
     dules, to  resolve  problems  and to  discuss mutual  program  concerns.
     These meetings  will  be  scheduled at  least fifteen  days in  advance
     unless agreed to  differently.   A tentative agenda for the meeting will
     be prepared by EPA.

B.   Identification of Major Hazardous Waste Handlers
     The State agrees  to  develop with EPA a list of hazardous waste facili-
     ties, generators  and transporters  in the  State  designated as "major"
     hazardous waste  handlers.   This  designation is  intended  to identify,
     for  administrative  purposes,  environmentally  significant  hazardous
     waste handlers, and  to  be used in concentrating inspection, permitting
     and reporting resources on those handlers.  The list shall be submitted
     as a part of this agreement.  It shall be reviewed and updated annually
     and  more  often as  necessary.  Changes  to  the  list  do not  require a
     formal amendment  to this Agreement  so long as both  the  State and EPA
     agree in writing to any changes.

     From  the  list  of "major"  handlers  the State  agrees to  develop and
     annually review  with the  Regional  Administrator  a  list of facilities
     whose permit  applications and  draft permits will be reviewed by EPA.
     This  smaller  list  constitutes major facilities  for purposes  of EPA
     permit overview.


IV.  INFORMATION SHARING

A.   General

     As the national  hazardous waste program  matures,  the respective  roles
     and responsibilities in this  State/Federal parternship will become more
     clear.   As  the   respective   information  needs  of the  State  and EPA
     evolve,  changes  to this  section  of  the  Agreement may be appropriate.
     During the annual  review of  this agreement  the  State and the Regional
     Administrator will carefully  examine the following information sharing
     provisions for needed revision.

B.   EPA

     1.   EPA will  keep the  State  informed  of  the content  and meaning of
          Federal   statutes,   regulations,   guidelines,  standards,  policy
          decisions, directives, and any other factors  that affect the  State
          Program.   EPA will  also  provide general technical guidance to the
          State.   EPA  will  share with the State any national reports devel-
          oped  by   EPA from  the  data  submitted  through  State  reporting
          requirements.

                                   2.4-7

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2.   EPA agrees to  provide  the State notification information from EPA
     Form 8700-12 obtained  prior  to the effective date  of  this  agree-
     ment.   A copy of the original notification forms and/or a computer
     print-out  containing  all  the  notification  information will  be
     provided.   Such  information will  be  provided  to the  Director
     within thirty  days  of  the effective date of  this  Agreement.   EPA
     will also  forward,  on  a  monthly  basis,  notification  information
     (including newly assigned EPA identification numbers) submitted by
     persons  in the State  who  file such forms after the effective date
     of  this  Agreement.    This information  will  be submitted  to the
     Director within ten  days  of  the end of each month for the preced-
     ing month.

3.   EPA agrees to  assign  EPA  identification numbers to generators and '
     transporters and to owners and operators of hazardous waste treat-
     ment,  storage,  and disposal facilities submitting notifications to
     the State after the effective date of this Agreement.  EPA will do
     this after  receiving  a copy of the  notification  information from
     the State as provided in Section IV.C.7 of this Agreement.

4.   EPA agrees to  transfer to the State any pending Part A and Part B
     hazardous waste management facility permit applications originally
     submitted to EPA  pursuant to 40 CFR 270.10  by  facilities located
     in  the  State  and which have not  already been  transferred  to the
     State,  together with  all  pertinent file  information.   Pertinent
     file  information  includes  applications  (including  accompanying
     narratives,  plans,  maps,  etc.),   draft  permits,  public notices,
     administrative  notices,  fact  sheets  and  correspondence.   Such
     materials will  be provided within thirty days after the effective
     date of this agreement and according to any arrangements the  State
     and the  Regional  Administrator may make regarding the priority of
     transfer.

     [The Region  may want  to  work out an agreement with the State to
     transfer some  of  this  information at a  later date.   For example,
     the transfer of some  EPA  permit information  may  be given a  lower
     priority if  the State  has previously issued a joint permit with
     EPA or the State has issued substantially equivalent permits  under
     interim authorization for certain  facilities.]

5.   EPA will also  provide  to  the State, within five days of receipt,
     Part A and Part B permit applications submitted directly  to  EPA by
     persons  in  the State after the effective  date  of this Agreement.

6.   EPA agrees  to  make  available to  the State  copies of any  reports
     and data resulting from  compliance  inspections within sixty  days
     of completion  of the inspections.

7.   EPA will make  available to the State other  relevant  information as
     requested which the State needs to implement  its approved program.
                             2.4-8

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C.    State
     1.    The  State  agrees  to  inform  the  Regional  Administrator  of  any
          proposed or adopted program changes which would affect the  State's
          ability to  implement the authorized program.   Program  changes of
          concern  include modification  of  the  State's legal  authorities
          (i.e.  statutes,  regulations and  judicial  or  legislative  actions
          affecting those authorities), modifications of memoranda of agree-
          ment or  understanding with  other  agencies, and  modifications of
          resource levels (i.e., available or budgeted personnel and  funds).
          The  State  recognizes that  program revisions must be made  in  ac-
          cordance with the provisions of 40 CFR 271.21.

     2.    The  State  will  provide  compliance  monitoring  and  enforcement
          information to  the Regional Administrator on  a  routine basis as
          specified in the State  Work Program.   During fiscal  year 1984 the
          Regional Administrator will  be especially concerned with informa-
          tion on  facility ground-water monitoring,  financial  responsibil-
          ity, and closure and post-closure care.

     3.    As specified in  the  State Work Program, the State  will  routinely
          provide the Regional  Administrator with information indicating the
          status  of  the  State's  facility  permitting  activities.   During
          fiscal year 1984  the Regional  Administrator will be  especially
          concerned  with  facility-specific  information on  the  following
          milestones:

               Date permit application requested
               Date complete permit application received
               Date of Public Notice
               Date of permit application withdrawal (and reason)
               Date of permit issuance/denial

     4.    The State agrees to  submit the following  reports  to  the Regional
          Administrator within the specified time periods:

          o    Biennial   report  summarizing  the   quantities  and  types  of
               hazardous waste  generated,  transported,  treated, stored, and
               disposed in the  State  as  specified in the RCRA  Guidance, by
               October 1 of each even-numbered year.

          o    Additional  reports  as negotiated in  the  State  Work Program.

     5.    Where  the  State  program  involves  the  granting  of  variances or
          waivers,  the State agrees to provide EPA with a copy of each State
          variance or waiver  at   the  time  it  is  granted.   [The  Regional
          Administrator and  State  may negotiate a process for EPA review of
          proposed variances or waivers.   Terms of this agreement should be
          specified in the MOA. ]

     6.    For  those   major   hazardous  waste  handlers  identified as  major
          facilities  for  EPA permit  overview (see  Section  III),  the State
          agrees to  provide  EPA with the following  information  within the
          time frames described:
                                  2.4-9

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          o    Copies of facility permit          Within fifteen  working
               applications,  revisions            days  of receipt
               and additions

          o    Copies of draft permits,           Within five working
               proposed permit modifi-            days  of completion
               cations, public notices

          o    Copies of final permit        .     Within five working
               or permit modifications            days  of completion

     7.    So that  EPA can issue  EPA identification numbers  and  maintain  a
          national  inventory of  all  hazardous  waste  handlers,  the  State
          agrees to provide  EPA  with the following notification  information
          submitted to the State  after the effective date of this Agreement
          by new hazardous  waste generators,  transporters  and  treatment,
          storage and disposal facilities in the State:

                    name and  location of the handler
                    mailing address of the handler
                    name and  telephone number of a contact person
                    type of hazardous waste activity
                    process codes (if the handler is a TSDF)

          The -State  will  also submit any updates  or  changes in previously
          submitted  notification  information.    This   information  will   be
          provided to  the  Regional  Administrator within ten days of receipt
          of the information.

     8.    The State  agrees to provide EPA with  copies of  reports on data
          resulting  from  any compliance  inspection and subsequent enforce-
          ment actions, if EPA requests such copies.

0.    Site Visits

     EPA is  responsible  for  maintaining reliable national data on hazardous
     waste management.   This data  is used to  report  to  the President  and
     Congress on the  achievements  of the hazardous  waste  program  and to
     support EPA's regulatory development efforts.   Whenever EPA determines
     that  it needs to  obtain certain  information,  EPA will  first seek to
     gain this  information from  the State.  The  State  agrees to supply the
     Regional Administrator  with this  information  if  readily available  and
     as resources  allow.   If the State is unable to provide  the  information
     or  if  it  is necessary  to  supplement the  State  information,  EPA  may
     conduct a  special  survey or perform information collection  site visits
     after notifying  the  State.   EPA will share with the State any national
     reports developed by EPA as a  result of  such information  collection.

E.    Emergency Situations

     Upon receipt  of  any information that the handling, storage, treatment,
     transportation,  or disposal  of  hazardous  waste  is  endangering human
     health  or  the environment,  the party  in  receipt  of  such   information
     shall  immediately notify  by  telephone  the  other party(ies)  to this


                                  2.4-10

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     Agreement of  the existence  of  such  situation.   [Include  details  here
     for  information sharing,  names and  titles of  individuals,  telephone
     numbers, etc.]

     Confidentiality

     1.   Any  information obtained  or  used  in  the  administration  of  the
          State  program  shall  be  available  to EPA  upon  request  without
          restriction.   If  the  information has  bee'n  submitted  to  the State
          under a claim of confidentiality, the State must submit that claim
          to EPA when providing information.   Any information obtained from
          a State and subject to  a claim of confidentiality will be treated
          in accordance with the regulations in 40 CFR Part 2.

     2.   EPA agrees  to  furnish to the State information in its files which
          is not  submitted under  a  claim of  confidentiality  and  which  the
          State needs to implement its program.  Subject  to the conditions
          in 40 CFR Part 2, EPA will  furnish the State information submitted
          to EPA under  a claim of confidentiality which  the State needs to
          implement  its  program.   All  information EPA agrees to transfer to
          the State  will  be  transferred in accordance with the requirements
          of 40 CFR Part 2.
V.   PERMIT ISSUANCE

A.   EPA Permitting

     Upon final authorization of the State program EPA will suspend issuance
     of Federal permits for hazardous waste treatment, storage, and disposal
     facilities  in  the  State.    [Each  Region  should try  to make  special
     arrangements with the  State for the State to assume responsibility for
     issuing particular permits EPA has been working on; the State will need
     specific  authority  to assume  responsibility in the midst  of the pro-
     cess,  unless  the proceedings  have  been  joint,  with both  Federal  and
     State  administrative  procedures  followed up  to  the  time  the  State
     assumes full responsibility.]

     EPA  intends to  add permitting standards for processes  not currently
     covered by the Part 264 standards.   For example, the Part 264 standards
     do  not currently  cover treatment  and  storage  of hazardous  waste  in
     certain types of underground tanks.   When EPA does promulgate standards
     for additional processes,  EPA will  process and enforce RCRA permits in
     the State in the new areas until the State receives final authorization
     of  equivalent  and consistent  State  standards.   At the  time the State
     program  is  approved  in the  new  areas,  EPA will  suspend  issuance  of
     Federal  permits  in  the State.   EPA  will  also  transfer  any  pending
     permit applications, completed permits or pertinent file information to
     the State  within thirty days  of  the approval of  the  State program in
     conformance with the conditions of this agreement.
                                  2.4-11

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B.    EPA Overview of State Permits

     While EPA may  comment  on  any permit application or draft permit,  EPA's
     overview function  will  focus primarily on  those  facilities  identified
     by the State and EPA as major facilities for permit overview.

     EPA  may  comment  in writing  on  any  draft  permit or proposed  permit
     modification, whether  or  not EPA commented on  the penmit application,
     within forty-five days of its receipt.   [EPA should be allowed at least
     as  long  to comment  as the  public  at  large;  this time  period  should
     probably be tied  to  each  State's public participation process.]   Where
     EPA indicates  in  a comment that issuance of the permit would be  incon-
     sistent with  the  approved State  program,  EPA shall  include in  the
     comment:

     (a)  a statement of  the  reasons for the comment (including the section
          of the State regulations that support the comment);  and

     (b)  the actions that  should  be taken by the State in order to address
          the  comments (including  the  conditions  which  the permit  would
          include if it were issued by EPA.)

     EPA shall send  a  copy of its written comments to the permit applicant..

     EPA shall withdraw such  comments when satisfied that the State has met
     or  refuted  its concerns  and  shall  also  provide  the  permit applicant
     with a copy of such withdrawal.

     [Insert here  any agreement  the Region makes with the State regarding
     resolution of  EPA  comments  on draft permits before  final  permit issu-
     ance by the  State, e.g.,  the State and the RA agree to meet or confer
     whenever necessary  to resolve  a disagreement  between  their staffs on
     the terms of any RCRA permit to be issued by the State.  The Region may
     want to  add a specific time  limit  within which the  State  and RA will
     meet.]

     Under  Section  3008(a)(3)  of RCRA,  EPA  may  terminate  a  State  issued
     permit in  accordance with  the  procedures  of  Part 124,  Subpart E, or
     bring an enforcement action in accordance with the procedures of 40 CFR
     Part 22 in  the case of a violation of a State program requirement.  In
     exercising  these  authorities,  EPA  will observe  the  conditions  estab-
     lished in 40 CFR 271.19(e).

C.    State Permitting

     The  State  is responsible  for expeditiously drafting,  circulating for
     public review  and  comment,  issuing, modifying,, reissuing and terminat-
     ing RCRA permits for. all hazardous waste treatment, storage and dispos-
     al facilities in the State, and  shall do so in a manner  consistent with
     RCRA, with  this Agreement,  with all  applicable  Federal' requirements,
     and with the State's Program Description.
                                  2.4-12

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     [Insert here any agreement the State makes regarding (1) its assumption
     of  permit  issuance in  ongoing EPA permit proceedings  and  (2)  its en-
     forcement,  adoption or  reissuance of  EPA-issued RCRA  permits.   Note
     that  the  State must  have specific authority  to  either assume admini-
     stration  and enforcement  of  EPA-issued  permits  or  to adopt  them as
     State  permits;  otherwise the  State must reissue  the  permits  as State
     RCRA permits.]

     The State agrees to issue, modify and reissue all permits in accordance
     with  [insert  citation  to  relevant  State  procedural  environmental
     statutes and  regulations  and administrative procedures act and regula-
     tions] and to include as permit conditions all applicable provisions of
     [insert  citation  to  relevant  State environmental  regulations].   This
     agreement also applies  to permits issued after final authorization but
     for  which the  processing may  have  begun before  final authorization.

     [Insert here  any  agreement  the State makes  that  is  necessary to carry
     out  the  permitting procedures  analogous  to those at-  40  CFR  Parts 270
     and 124.   See pages 1.3-7 for discussion.]

     [Insert here  any  agreement  the State makes regarding its  use of any
     variance or waiver authority.  See page 1.3-8 for discussion.]

     The State agrees  that any compliance schedules contained in permits It
     issues will  require  compliance with applicable  standards as  soon as
     possible.   [Insert here any agreement the State makes regarding interim
     dates, reporting for such permittees, etc.]

     The State agrees  to consider all comments EPA makes on permit applica-
     tions and draft permits.   The State will satisfy  or refute EPA's con-
     cerns on a particular permit application, proposed permit modification,
     or  draft  permit  in writing  before issuing  the  permit or  making the
     modification.
VI.   PERMIT ADMINISTRATION

A.   EPA

     [If  the  State has  authority to directly  administer  permits issued by
     the  Federal  government,  this  section  is  inapplicable and  the Region
     should  insert  provisions  for  transferring  responsibility  for  all
     Federal permits to the State.]

     EPA will  administer the RCRA permits it has issued to facilities in the
     State until they expire or are terminated.   EPA will be responsible for
     enforcing  the  terms and  conditions of the Federal  permits  while they
     remain in  force.   When  the  State  either incorporates the  terms and
     conditions of the Federal permits in State RCRA permits or issues State
     RCRA permits to  those  facilities,  EPA will primarily rely on the State
     to enforce those terms and conditions.
                                  2.4-13

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B.   State

     The  State agrees  to review  all  hazardous  waste  permits which  were
     issued  under  State Law  prior to the effective  date  of  this  agreement
     and  to  modify or  revoke  and  reissue such permits  as  necessary  to re-
     quire compliance with [insert citation to relevant State environmental
     statutes and  regulations  and  administrative procedures act and regula-
     tions equivalent to  the  40 CFR 265  requirements]  and [insert citation
     to  relevant  State  environmental  regulations].   The  State  agrees  to
     modify  or  revoke and reissue these State  permits as RCRA permits in
     accordance with the following schedule.  [EPA intends that the schedule
     in the  MOA  provide a reasonable time period for the review and upgrad-
     ing  of  existing  State permits, based on such  factors as the number of
     State permits and  the additional  permit terms and conditions needed to
     satisfy the requirements of Part 271.]


VII. COMPLIANCE MONITORING AND ENFORCEMENT

A.   EPA

     Nothing in  this  agreement  shall  restrict EPA's right to  inspect any
     hazardous waste generator, transporter or facility or bring enforcement
     action  against  any  person believed  to be  in  violation of  the State
     hazardous waste  program.   Before conducting an  inspection  of a gener-
     ator, transporter or facility, the Regional Administrator will normally
     give the State at  least seven days  notice  of the  intent to  inspect in
     accordance with 40 CFR 271.8(b)(3)(i).  [The Regional Administrator and
     State may agree  on a longer period of time in order to allow the State
     opportunity to conduct  the inspection.]  If the State performs  a com-
     pliance  inspection  and   submits  a  report and  data  relevant  thereto
     within  that  time to EPA, no  EPA  inspection will  be made, unless the
     Regional Administrator  deems  the  State report  and data to  be  inade-
     quate.  In case.«of an  imminent hazard to human  health and the environ-
     ment,  the  Regional  Administrator  may  shorten  or  waive the  notice
     period.

     The  frequency of  EPA oversight and training inspections will be speci-
     fied  in the annual  State Work Program.   Normally, EPA  will  accompany
     the  State  on no more  than 5% of the  State's compliance  inspections.

     The  Regional  Administrator may  take  enforcement  action  against any
     person determined to be in violation of RCRA in  accordance with Section
     3008(a)(2).    EPA will  take  enforcement  action  only upon determining
     that the State has not taken timely and appropriate enforcement action.
     Prior to  issuing a  compliance order under  Section 3008 EPA will give
     notice  to the  State.   EPA also retains  its  rights to issue  orders and
     bring actions under Sections 3013 and 7003 of RCRA  and any  other appli-
     cable Federal statute.

     After notice  to  the State,  EPA may take  action under Section 3008 of
     RCRA against  a holder  of a State  issued  permit on the ground that the
     permittee is  not  complying with a condition  of that permit.   In addi-
     tion, EPA may take action under Section  3008 of RCRA against a holder


                                  2.4-14

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     of a State  issued  permit on the ground  that  the permittee is not com-
     plying with  a  condition  that the Regional  Administrator  in commenting
     on  that  permit  application or  draft permit  stated was  necessary  to
     implement  approved State  program  requirements,  whether  or not  that
     condition was included in the final  permit.
B.   State
     The State agrees  to  carry out a timely and effective program for moni-
     toring the compliance by  generators,  transporters, and facilities with
     applicable program requirements  (see  40 CFR 271.15).  As  part  of this
     program, the  State will  conduct compliance  inspections  to assess com-
     pliance  with  generator and  transporter standards  (including manifest
     requirements),  facility  standards,  permit  requirements,  compliance
     schedules,  and  all  other program  requirements.   Compliance monitoring
     activities and  priorities will  be specified in  the  annual  State Work
     Program  and  shall be consistent with  all  applicable Federal require-
     ments and with the State's Program Description.

     [Insert any agreement the Region makes with the State regarding inspec-
     tions at EPA-permitted  facilities.   Individuals  in  the  State  program
     may be designated as  EPA representatives under Section 3007 of RCRA so
     that they  can inspect the  facilities for violations of  the terms and
     conditions of the Federal permits.]

     The  State  agrees  to take  timely  and appropriate  enforcement action
     against all  persons in violation of generator and transporter standards
     (including manifest requirements),  facility standards,  permit require-
     ments,  compliance schedules, and  all  other program  requirements, in-
     cluding violations detected by State or Federal  compliance inspections.
     The  State  will  maintain  procedures for receiving  and  ensuring proper
     consideration of  information  about violations  submitted by the public.

     Appropriate State enforcement response  may include  not  more than two
     warning  letters  for  any  violation," followed by  timely  initiation and
     prosecution of enforcement proceedings which may be, as determined on a
     case-by-case  basis,  administrative or  judicial  in  nature.   Any civil
     penalty  assessed, sought, or agreed upon by the  State  shall be appro-
     priate to the violation,  as defined in 40 CFR 271.16(c).

     The State agrees  to  retain  all records for at least three years unless
     there is an enforcement  action pending.  In that case all records will
     be retained until such action is resolved.
STATE OF 	          U.S. ENVIRONMENTAL PROTECTION AGENCY
AGENCY   	          REGION 	


BY:  	         BY:  	


DATE: 	         DATE: 	


                                  2.4-15

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                                                  OSWER DIRECTIVE  #95*10.00-9
                                   CHAPTER -2.5

                        SHOWING  OF PUBLIC PARTICIPATION
Federal  Requirement
9 271.20  Approval |
  (a) Prior to submitting an application
to EPA for approval of a State program,
the State shall issue public notice of its
intent to seek program approval from
EPA. This public notice shall:
  (1) Be circulated in a manner
calculated to attract the attention of
interested persons including:
  (i) Publication in enough of the largest
newspapers in the State to attract
statewide attention; and
  (ii) Mailing to persons on the State
agency mailing list and to any other
persons whom the agency has reason to
believe are .interested;
  (2) Indicate when and where the
State's proposed submission may be
reviewed by the public;
  (3) Indicate the cost of obtaining a
copy of the submission;
  (4) Provide for a comment period of
not less than 30 days during which time
interested members of the public may
express their views on the proposed
program;
  (5) Provide that a public hearing will
be held by the State or EPA if sufficient
public interest is shown or.
alternatively, schedule such a public
hearing. Any public hearing to be held
by the State on its application for
authorization shall be scheduled no
earlier than 30 days after the notice of
hearing is published;
  (6) Briefly outline the fundamental
aspects of the State program: and
  (7) Identify a person that an interested
member of the public may contact with
any questions.
  (b) If the proposed State program is
substantially modified after the public
comment period provided in paragraph
(a)(4) of this section, the State shall.
prior to submitting its program to the
Administrator, provide an opportunity
for further public comment in
accordance with the procedures of
paragraph (a) of this section. Provided.
that the opportunity for further public
comment may be limited to those
portions of the State's application which
have been changed since the prior
public notice.
  (c) After complying with the
requirements of paragraphs (a] and (b)
of this section, the State may submit, in
accordance with § 271.3, a proposed
program to EPA for approval. Such
formal submission may only be made
after the date of promulgation of the last
component of Phase TL. The program
submission shall include copies of all
written comments received by the State.
a transcript, recording, or summary of
any public hearing which was held by
the State, and a responsiveness
summary which identifies the public
participation activities conducted.
describes the matters presented to the
public, summarizes significant
comments received and responds to
these comments.
                                    2.5-1

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Introduction
     The State is  required  under §271.20(a)-(c) to provide  the  public  with
an opportunity to  comment  on the proposed program application  before  it is
submitted to EPA for  approval.   A comment period of  at least 30 days  is to
be provided and, if  sufficient  interest is shown,  a  public hearing is  to be
held no  sooner than  30 days after the  notice  of hearing is published.   The
State is required  to  submit the record of this public participation as  part
of its authorization application.


Content


     The State must demonstrate compliance with §271.20(a)-(c) by submitting
the following materials to EPA:

     1.    All  written comments received by the State,

     2.    A transcript (preferred), recording, or summary of any public
          hearing which was held by the State, and

     3.    A responsiveness summary which identifies the public partici-
          pation  activities  conducted,  describes the  matters presented
          to the public,  summarizes significant comments  received and
          responds  to the comments.
                                  2.5-2

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                                                OSWER  DIRECTIVE  #95*10.00-9
                                  CHAPTER 2.6

                        STATE STATUTES AND REGULATIONS
Federal  Requirement
§ 271.5  Elements of a program
submission.
  (a) Any State that seeks to administer
a program under this part shall submit'to
the Administrator at least three copies
of a program submission. The
submission shall contain the following:
  (1) A letter from the Governor of the
State requesting program approval;
  (2) A complete program description,
as required by § 271.6 describing how
the State intends to cany out its
responsibilities under this subparfc
  (3) An Attorney General's statement
as required by § 271.7;
  (4) A Memorandum of Agreement
with the Regional Administrator as
required by $ 271.$
  (5) Copies of all applicable State
statutes and regulations, including those
governing State administrative
procedures; and
  (6) The showing required by
$ 271.20(c) of the State's public
participation activities prior to program
submission.
Introduction
     The legal  basis  of State hazardous waste programs  Is found In the State
statutes and  regulations.

     Therefore,  it Is  Incumbent on the State to  supply copies of all appli-
cable  legal,  regulatory and  administrative documents  needed to evaluate the
State's authority  and to support the State application.
Content
     Copies of  all  State hazardous waste management statutes and regulations
must be Included  in the  program  submission.   This  includes  copies of all
State  statutes  and regulations  cited by the Attorney General
ment.   For  example,  portions  of  the State  Administrative
applicable to  the proposed  hazardous waste  program must  also
Where  State  statutes  and regulations have  been  amended,  EPA
States  submit  up-to-date sets  which incorporate  all  changes.
greatly facilitate  EPA's review.
                      in  his  state-
                      Procedure  Act
                      be  submitted.
                      requests  that
                          This  will
                                   2.6-1

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                                              OSWER  DIRECTIVE  #9540.00-9
                                 CHAPTER 2.7

                         STATE LEGISLATION CHECKLIST
Introduction

     The checklist which  follows  is provided to aid attorneys and others in
reviewing and documenting State hazardous waste enabling authority for Final
Authorization  under  Section  3006(b) of  the Solid  Waste Disposal Act,  as
amended (RCRA).  EPA  attorneys  are encouraged to involve attorneys in State
Attorney Generals  Offices  or other  State  legal  counsel  in  such  reviews.
States  are advised  to look  broadly to  their  legislative  authorities  in
assessing their programs.

     To obtain final  authorization, a State must have the enabling authority
to  establish   a   hazardous  waste  management  program  which   meets   the
requirements  of 40  CFR  Part  271, Subparts  A and B.  Anyone  using  the
checklist  should  refer to  Part 271 (and the regulations in  Parts  270,  124
and 260-265 to  the  extent they  are  referenced  in Part 271)  for  a  full
understanding  of  the  regulations  for  which  a  State  must  have  enabling
authority.

     Attorneys  should  look at  all  relevant State  statutory authority,  not
just a  particular  statute,  when assessing State hazardous waste legislative
authority.    For example,   State  administrative  procedure  acts  are  often
relevant.    Most  elements  in  the  checklist   identify  enabling  authority
required for  Final  Authorization.   Five  elements,  however,  ("importation
ban",    "variance   provisions",   "exemptions",  "information  sharing"   and
"siting") are  included as  a means of identifying  and recording  features of
State  law  which may  negatively  affect a  State's  ability to  receive final
authorization.

     This  checklist   is  intended  for  use  as  an  evaluation  tool   and  it
provides valuable  assistance  to  EPA reviewers  if submitted as part  of the
application for Final  Authorization.  Also,  this checklist should be of use
to the  State  in identifying  appropriate citations  and comments  to  aid in
developing  the Attorney General's Statement which is an essential  element of
the application.
                                  2.7-1

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                                               OSWER DIRECTIVE #9510.00-9
                           STATE  LEGISLATION  CHECKLIST
State
Title(s) of Legislation
Date Enacted

Date Enacted

Date Enacted
Reviewed by
DATE

STATUTORY ELEMENT
STATE CITE
COVERAGE
YES/NO?
COMMENT
DEFINITIONS
The State needs the authority to define the  following  terms  in  a manner at  least
as stringent as the Federal  program.   If definitions of  these terms appear  in
State statutes, they must be at least as stringent  as  the  analogous Federal
Statutory or regulatory definition.
Disposal
Generator
Hazardous Waste*
Manifest
Person
Storage
Transport
Treatment
Treatment, Storage or
Disposal Facility
Waste (Solid)





~ -















<








* Note that the State must have authority to regulate the recycling and reuse  of
  hazardous waste in a manner at least as stringent as the Federal  program does.

HAZARDOUS WASTE IDENTIFICATION AND LISTING - [See 40 CFR §271.9]
Authority for:
1. HW characteristics
2. HW list






                                    2.7-2

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STATUTORY ELEMENT
STATE CITE
COVERAGE
YES/NO?
COMMENT
STANDARDS FOR GENERATORS - [See 40 CFR §271.10]
The State needs the authority to regulate all generators EPA regulates under
40 CFR Part 262.
Authority to promulgate
regulations on:
1. I.D. Numbers
2. Requiring generator to
determine whether waste
1s hazardous
3. Recordkeeplng practices
4. Packaging, labeling,
marking and placarding
practices
5. Use of appropriate
containers
6. Furnishing Information
7. Use of manifest con-
sistent with DOT and EPA
8. International Shipments
9. Designation of and delivery
to permitted facilities
10. Investigation of unreturned
shipments
11~ Submission of reports

























-







STANDARDS FOR TRANSPORTERS - [See 40 CFR §271.11]
The State needs the authority to regulate all transporters EPA regulates under
40 CFR Part 263.
Authority to promulgate
regulations on:
1. I.D. numbers
2. Recordkeeplng
3. Labeling
4. Compliance with
manifest system
5. Spill notification
6. Spill clean-up


















                                    2.7-3

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STATUTORY ELEMENT
7. Transportation to
permitted facility
8. Consistency with
DOT regulations
STATE CITE


COVERAGE
YES/NO?


COMMENT


STANDARDS FOR HW STORAGE, TREATMENT, AND DISPOSAL FACILITIES -
  [See 40 CFR §271.12]

The State needs the authority to regulate all of the owners and operators of
hazardous waste management facilities whom EPA regulates.
Authority to promulgate
regulations on:
1. I.D. numbers
2. Recordkeeplng
3. Reporting
4. Monitoring
5. Inspecting
6. Compliance with
manifest system
7. Operating methods
8. Location, design,
construction
9. Contingency plans
10. Training
11. Ownership
12. Closure and Post-
Closure activities
13. Continuity of
operation
14. Financial
responsibility
15. General conditions (see 40
CFR §§270.30













































PERMITS FOR HW STORAGE, TREATMENT AND DISPOSAL FACILITIES - [See 40 CFR §271.15
  and 271.13]
1.
2.
Require Permits for owners
and operators of all TSD
facilities
Impose construction ban






                                    2.7-4

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STATUTORY ELEMENT ,
3. Prohibit operation of
facilities without permits
(State may have an analogue
to Interim status)
4. Require permit
application Information
5. Require permits to contain
all technical and administra-
tive standards
6. Provide for permit modifi-
cations and termination
(revocation)
7. Allow public disclosure of
name and address of permit
applicants and permittees
STATE CITE





COVERAGE
YES/NO?

•



COMMENT





PUBLIC PARTICIPATION
Authority to provide:
1. Draft permit, fact
sheetL etc.
2. Notice of all draft
permits by radio
broadcasts and notices
In newspapers etc.
3. 45-day public comment
period on all draft
permits
4. Informal hearing with
written notice of
opposition
5. Consideration of and re-
sponse to public comments















INSPECTIONS
1.
Right to enter, Inspect and
obtain samples (at all
regulated premises and where
records are kept)



ENFORCEMENT - [See 40 CFR §271.16]
Authority to:
1. Immediately restrain
unauthorized activity
2. Sue to enjoin any threatened
or continuing program viola-
tion without prior revocation
of permit


•



                                    2.7-5

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STATUTORY ELEMENT
3. Obtain civil penalties for
any violation (maximum no
less than $10K per day)
4. Obtain criminal penalties for
specified violations (maximum
no less than $10K per day and
imprisonment with maximum no
less than six months); burden
of proof no greater than unde
Federal law
5. Allow intervention
(see 40 CFR §271.16(d)
STATE CITE



COVERAGE
YES/NO?



COMMENT

•

MISCELLANEOUS
1.
2.
3.
4.
5.
Authority to share all
information with EPA
Variance and waiver
provisions*
Importation ban*
Exemptions*
Siting*















* May create problems for a State seeking authorization.
                                    2.7-6

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                                              OSWER  DIRECTIVE  #95^0.00-9
                                 CHAPTER 2.8

                  CHECKLIST FOR COMPLETENESS OF SUBMISSION
Introduction
     EPA  specifies  the  elements  of  a State  program  submittal  in  §271.5.
Other  Chapters  in  this  Manual  explain  the  purpose  and content  of  the
individual elements of the submittal.

     The  Checklist  in this Chapter  is intended  to  help the State  and  EPA
verify that all  required  aspects  of the State program  are  addressed in  the
application.   The  checklist is helpful  in determining the completeness  of
any program submission; however it  does not imply a  judgment  of  the  quality
or adequacy of the items submitted.


Content
     The Checklist  for Completeness of  Submission identifies the  required
document, letter, form, memorandum,  statute,  etc.  in  the first column.   The
second  column  identifies  the  Chapter  in this manual  which  describes  the
contents of the item listed in  column 1.   The  third column cites  the federal
regulation, by section and subsection,  which requires  submission  of  the  item
in column 1.
                                  2.8-1

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                  Checklist for Completeness  of  Submission
DOCUMEN1
MANUAL    40 CFR CITE
CHAPTER
I.     Governor's Letter
      Requesting Authorization
      (A)  Signature
2.1
271.5 (a)(l)
II.    Complete Program Description
      (A)  Narrative,  Scope,  Structure,
           and Processes
      (B)  Identification of Lead Agency
      (C)  Description of State Agency
      (D)  Description of Staff
      (E)  Budget
      (F)  Sources of  Funds and Restrictions
      (G)  Description of Permitting and
           Administrative or Judicial
           Review Procedures
      (H)  Description of Compliance and
           Enforcement Program
      (I)  Description of Manifest Tracking
           System
      (J)  Estimated Number of Generators,
           Transporters On-Site and Off-Site
           Treatment Storage and Disposal
           Facilities  and Their Permit Status
      (K)  Quantities  of Hazardous Waste
           Generated In State, Transported  In
           and Out of  State,  and Treated or
           Disposed of Within the State On-
           and Off-Site (if available)
    "  (L)  Forms:
           1.    Permit Application Form(s)
           2.    Final  Permit Form(s)
           3.    Report Form(s)
           4.    Manifest Form(s)
2.2
271.6
271.6(a)

271.6(b)
271.6(b)
27l.6(b)(l)
271.6(b)(2)
271.6(b)(3)
271.6(c)
          271.6(e)

          271.6(f)

          271.6(g)



          271.6(h)
          271.6(d)
III.   Attorney General's Statement
      (A)  Identification and Listing
      (B)  Standards for Generators
      (C)  Standards for Transporters
      (D)  Standards for Facilities
      (E)  Requirements for Permits
      (F)  Inspections
      (G)  Enforcement Remedies
      (H)  Public Participation in the
           State Enforcement Process
      (I)  Authority to Share Information
           With EPA
      (J)  Signature
2.3
271.7
271.9
271.10
271.11
271.12
271.13, 271.14
271.15
271.16(a),(b) & (c)

271.16(d)

271.17
271.7(a)
                                  2.8-2

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DOCUMENT
   MANUAL
   CHAPTER
40 CFR CITE
IV.   Memorandum of Agreement (MOA)
      (A)  Provisions for transfer
           of information
      (B)  Frequency and Content of Reports
      (C)  Conditions for Record Reviews
      (D)  Provisions for Compliance
           Monitoring and Enforcing
      (E)  Provisions for Joint
           Permit Review
      (F)  Provisions for Modification of MOA
      (G)  Provisions for Inspection of
           Hazardous Waste Facilities
      (H)  Provisions for Inspection of
           Generators and Transporters
      (I)  Provisions for permit review
      (J)  No restrictions clause
      (K)  Confidentiality Provisions
      (L)  Signatures
   2.4
271.8
271.8(b)(6)

271.8(b)(2)
271.8(b)(2)
271.8(b)(3)

271.8(b)(8)

271.8(b)(ll) & (c)
271.8(b)(4)

271.8(b)(4)

271.8(b)(7) & (b)(9)
271.8(a) & (b)(5)
271.17)
271.8 & 270.2
V.    Legislation (statutes)
      (A)  Hazardous Waste Management
      (B)  Administrative Procedures
      (C)  Other
   2.3,
   2.6,
   2.7
271.5(a)(5)
VI.    Regulations
      (A)  Hazardous Waste Management
      (B)  Other
   2.3,
   2.7
271.5(a)(5)
VII.  Showing of Public Participation
      (A)  Written Comments
      (B)  Transcript, recording or
           summary of hearings
      (C)  Responsiveness Summary
   2.5
271.20(c)
VIII.  Three Copies of Complete Submission
             271.5(a)
IX.    State Regulatory Program Checklist
   2.3,
Appendix A
                                  2.8-3

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                                          OSWER DIRECTIVE #95^0.00-9
                            CHAPTER 3 . 1.

                        STATE AGENCY LETTER
     The State's revision application should be transmitted to

EPA by a letter from the Director of the hazardous waste program.

(See the discussion of "Lead State Agency" on page 2.3-3.) The

letter should briefly describe the nature of the State modifications

contained in the application.  The Director should also indicate

whether the State is seeking interim or final authorization of

the various State modifications.  The State Agency letter should

be less than one page long in most cases.

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                                          OSWER DIRECTIVE #9540.00-9
                         CHAPTER 3.2

                     PROGRAM DESCRIPTION
Introduction

     The Program Description is one of the critical elements of
a State's authorization application since it describes the program
the State plans to operate in managing hazardous wastes.  The
Program Description provides the State with the opportunity to
(1) discuss differences between the State and Federal programs,
(2) demonstrate how the State program meets the tests for
authorization, and (3) describe the division of responsibilities
among the State Agencies.   The basic Program Description
requirements are presented in Chapter 2.2.  This Chapter describes
the type of Program Description needed for a State program revision.

Content

     The content and form of the Program Description for a
program revision will vary depending on the State program
modifications that are included in the State's revision
application.  As discussed in Chapter 1.5 of this manual,
the State must modify its program within one year (two years
for statutory changes) from the close of the cluster period.
Of course, the State may apply for authorization prior to the
prescribed deadline.   In addition, a State with final authori-
zation may seek HSWA interim or final authorization through
the program revision process.

     The State has the option of modifying its existing
Program Description on file with EPA in either of two ways:

     (1) Addendum - The addendum would identify the appro-
         priate sections of the existing Program Description
         to be deleted, modified and/or expanded.

     (2) Updated page inserts - Program Description page
         updates may be used for original applications
         that are in loose-leaf format.  All new pages
         should be clearly marked with a revision date
         and page numbers should correspond to original
         text with alpha designations used where necessary
         (i.e., 11, 11-a,  11-b, etc.).  A copy of an
         original page with partially lined-out text can
         be used, if  appropriate.

In some instances, a State program revision may be simple
enough to be addressed in the State's revision application
transmittal letter in lieu of a Program Description amendment
or addendum.
                            3.2-1

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     The information to be provided in the Program Description
i-s specified in §271.6 (see page 2.2-1).   It will be easiest
for the State and for the reviewers (i.e., EPA and the public)
if the information is presented in the sequence shown in the
regulations.  The length of the Program Description will vary
among States, depending on factors such as the complexity of
the State program, scope and extent of program provisions
being applied for, number of State agencies involved, extent
of differences between the State and Federal programs, etc.
Further guidance is provided below on the elements of the
Program Description that will ususally be necessary in the
State's revision application.

Scope, Structure, Coverage and Processes of State Program -
§271.6(a)'

     In this section of the Program Description the State
must describe the scope of the program revisions being applied
for.  The State must clearly describe whether the revision is
to address a RCRA regulatory "cluster" or to obtain authoriza-
tion for other specific program provisions.  The Program
Description must show, in narrative terms, how the State provides
the coverage corresponding to the amended regulatory provisions
of the RCRA program.  Differences between the State and Federal
programs should be discussed.  In developing this description,
the State should find especially valuable the regulatory
checklists  (Appendix A of this Manual) completed by the Attorney
General as part of his Statement.  If the Attorney General does
not complete the checklists, the State agency should complete the
checklists and attach them to the Program Description.  In the
absence of EPA-prepared model regulatory checklists, the State
should provide one-to-one comparisons of respective State and EPA
regulatory provisions.  If the State has incorporated the Federal
regulations by reference, then use of the regulatory checklist may
not be necessary if the State can demonstrate equivalent coverage
in a simpler manner.  The Program Description must show how the
program revision satisfies the requirements for final authorization,
reflecting the statutory tests as explained in Chapter 1.5.
(Note: If a State is seeking interim authorization for a HSWA
provision, than it need only demonstrate that its program is
"substantially equivalent".)

State Agency Responsibilities - §271.6(b)

     The Program Description must clearly delineate the
responsible State agency for each of the RCRA requirements
which are part of the State's revision.  This includes a
description of the State agency responsibilities for
administrative procedures on notification, certification,
compliance, and  joint permitting, as appropriate.  Reference
can be made to the existing Program Description if these topics
have already been discussed.
                            3.2-2

-------
     This section of the Program Description may also describe
the division of responsibility between the State and EPA.  This
is especially important for the regulated community which will
be dependent on the application for a clear statement of State
or Federal lead on each HSWA requirement.   It is suggested that
a listing or matrix of the HSWA activities be developed and
maintained as part of the Program Description to provide a
concise, definitive statement of which program areas the State
has (or is seeking) authorization for as well as the program
areas for which EPA remains responsible.  As subsequent
authorizations occur, the matrix will become more and more
complete until the State obtains authorization for all of the
HSWA authority available.  (It should be clearly stated in the
Program Description that the lack of State authorization does
not preclude the State from enforcing provisions of its own
program  even if it parallels a HSWA requirement that EPA is
implementing.)

Resources - §271.6(b)

     This section of the Program Description must address the
State agency staffing and funding to carry out the activities
that are the subject of the program revision.  This section
must distinguish between new resources and existing resources
being assigned to the new responsibilities.  Any impact on the
base program (and previous modifications)  should be explained.
Any changes which have occurred since the initial receipt of
final authorization, such as a reduction in the size of the
regulated community of program changes that affect the agency's
efficiency, should be discussed where impacts on base program
resources are significant.  The Program Description must provide
information regarding personnel and funding for each agency
involved and any contractor assistance utilized to provide a
comprehensive picture of the resources available to conduct the
activities proposed in the State's application for at least two
years following the approval of the State's revision.

State Procedures - § 271.6(c)

     As appropriate, this section should describe any State
procedures (i.e., permitting, certification, notification, etc.)
which will be used to implement the program revision.

Compliance Tracking and Enforcement - § 271.6(e)

     The State's Program Description must demonstrate the way in
which the State's compliance monitoring and enforcement program
will operate to ensure compliance with standards and permits by
all hazardous waste management facilities, generators, and
transporters.  If the revision impacts the compliance monitoring
and enforcement program for which the State is already authorized,
then such impacts need to be addressed.  The following sections
provide more detail on enforcement items that must be included in
the revised Program Description.


                              3.2-3

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     1.   Newly regulated handlers

     Many of the new HSWA provisions will significantly increase
the size of the RCRA universe, particularly the new requirements
regarding:

     0  Small quantity generators;

     0  Dioxin listing;

     0  Producers, marketers, blenders and burners of hazardous
        waste and used oil fuels; and,

     0  Handlers of newly listed wastes.

The State's strategy and methods for identifying "new" members
of the regulated community (generators, transporters, TSDs)
should be discussed.  The State needs to describe how it will
implement the notification activities and identify and follow-
up on non-notifiers if these procedures differ or "amend those
described in the base program application.

     Many States conduct outreach activities for the newly
regulated hazardous waste handlers.  Such programs can be
particularly useful for small quantity generators and waste
fuel handlers.  It would be appropriate for the State to
describe any outreach efforts in its Program Description.

     2.   Inspection/Compliance Monitoring

     The new HSWA provisions will significantly increase the
inspection workload.  Hazardous waste fuel handlers will need
to be inspected to ensure proper management of hazardous waste
fuels and confirm the material's shipment to authorized burners.
Additional generator inspections will be necessary to ensure
that generators of restricted wastes are complying with the land
ban and related recordkeeping requirements.  Increased inspections
may also be necessary to oversee corrective action activities
conducted by owner/operators of RCRA TSDFs to assist in tracking
and confirmation of facility compliance with schedules of
compliance in permits and in orders.

     In addition to the increased inspection workload, the
inspections themselves will include new HSWA requirements and
be more analytical than those conducted under the base program.
For example, the land ban will require that inspectors sample
v/astes to determine whether facilities are meeting required
treatment levels for restricted wastes.  Inspections to monitor
compliance with hazardous waste fuel regulations will require
sampling of used oil to determine whether it is on or off-spec,
or hazardous waste.  Many corrective action inspections will
also require waste analysis and will require inspectors to take
soil, surface water, sediment and other samples to determine
whether there are releases at RCRA facilities.  State Program
Descriptions must include:


                              3.2-4

-------
        General descriptions of how the State plans to handle
        the increased inspection and analytical workload
        associated with the HSWA provisions;

     0  Discussion of how these new activities will be combined
        with existing generator and TSD inspection efforts; and,

     0  Description of State inspection priorities after
        integration with base program priorities.  (Note that the
        RCRA Implementation Plan addresses inspection priorities
        to be negotiated annually between the State and EPA as
        part of the annual grant process).

     3.  Manifest Tracking and Data Management

     Many of the new HSWA requirements will require expanded
information management.  The number of generators in the system
and the nature of many of the new requirements will require
tracking systems for managing and analyzing information on
waste shipments.  The Program Description will need to -describe
how the manifest system and data management methods and strategies
differ for the new authorities sought from those methods/strategies
described in the base program application.

     4.  Compliance Monitoring Resources

     Additional resources may be needed to monitor compliance
     the new program activities while continuing to monitor
    Fliance with the base program.  In particular, inspection
Campling will require increased technical expertise; and greater
laboratory support will be needed to perform newly required
analyses.  Laboratory support of new program areas such as
hazardous fuels, land disposal restrictions and corrective
action programs will be most critical.  The Program Description
should address the level and mix of resources that the State
has available to address new responsibilities including as
appropriate:

     0  Plans for training staff;

     0  Plans for hiring additional staff (describe skill area
        of personnel being sought);

     0  Agreements with other State Agencies (include copies
        of interagency agreements); and,

     0  State plans to use contractor assistance.
                             3.2-5

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     5.   Enforcement Process

     HSWA imposes a new set of corrective action requirements on
all RCRA TSDs.   The new corrective action authorities art broad
and essentially allow EPA and the States to require corrective
action for most types of releases at a RCRA facility.  How the
State will assure the enforcement of corrective action conditions
in operating permits and post-closure permits needs to be discussed

     Several HSWA requirements are likely to result in increased
criminal activity among waste handlers.   Land disposal bans and
restrictions on the placement of certain wastes in landfills
will restrict legal disposal alternatives.   Enforcement of the
used oil recycling and waste-as-fuels requirements will also
demand greater reliance on criminal enforcement procedures than
is generally required under the base program.

     In light of HSWA impacts, State program descriptions must
address the following where they differ or amend those described
in the base program application;

     0  The State's civil enforcement process, use of adminis-
        trative and/or judicial actions, and processes that may
        result in penalties; and,

     0  The State's criminal enforcement process.

Estimated Regulated Activities - §§271.6(g) & (h)

     The State must provide the best numerical estimates, based
on existing data, on hazardous waste activities in the identified
categories covered by the application.  The sample format in
Table 4 may be used for display of this information and should
be supplemented as needed to identify the regulated community
and activities that will be affected by the State revision.
Only those activities that have a counterpart under the Federal
program need to be included.  States are encouraged to provide a
brief narrative explanation of the estimates.

Copies of State Forms and Coordination with other Agencies -
§§271.6(d) & (f).:

     For most program revisions States will not need to provide
copies of State forms or additional discussion of how the State
coordinates its activities with other State and Federal agencies.
This required information is contained in the State's initial
authorization application.  However, if the State's forms or
coordination activities have been modified, or if the State's
program revision involves the use of State forms or impacts
intergovernmental coordination, then the State's revision program
description should contain appropriate discussion and copies of
forms.  [For example, if the State revision contains modifications
to the uniform national manifest requirements, then a copy of
the State's manifest form should be included in the Program
Description.]


                             3.2-6

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                                            TABLE 4
                 Estimated Activities Subject to Program Revision Requirements
           TYPE OF ACTIVITY
                                  NUMBER OF HANDLERS
QUANTITIES
     Generators
     Transporters
      Storage   - on-site

               - off-site
4
Treatment - on-site

          - off site
     Disposal  - on-site

               - off-site
     Transported  into the State
                               // 7 I I I I I I I I I I
                                I 1 I I I I I I I I I I I
                               I I I I I I I I I I I I I
                                I I I I I I I I I I I I I
                               I I I I I I I I I I I I I
                                    I I I 1 1 I 1 I I  I  I  I I
                                     I I I I I I I I I I I I I
                                    I I I I I I I I I  I  I  I I
                                     I I I I I I I I I I I I I
                                    I I I I I I I I I  I  I  I I
                                     I I I I I I I I I I I I I
Transported out-of-State
                                     3.2-7

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                          OSWER  DIRECTIVE  #9540.00-9
        CHAPTER 3.3

ATTORNEY GENERAL'S STATEMENT
                         NOTE:  EPA will supply States
                         with an Attorney General's
                         statement format on request.

                           (b) When a State seeks
                         authority over activities on
                         Indian lands, the statement
                         shall contain an appropriate
                         analysis of
                         authority.
                                                      the State's
Federal Requirement

§271.7  Attorney General's Statement

  (a) Any State that seeks to
administer a program under this
subpart shall submit a statement
from the State Attorney General
(or the attorney for those State
agencies which have independent
legal counsel) that the laws of
the State provide adequate
authority to carry out the program
described under §271.6 and to
meet the requirements of this
subpart.  This statement shall
include citations to the specific
statutes, administrative regulations
and, where appropriate, judicial
decision which demonstrate adequate
authority.  State statutes and
regulations cited by the State
Attorney General or independent
legal counsel shall be in the
form of lawfully adopted State
statutes and regulations at the
time the statement is signed and
shall be fully effective by the
time the program is approved.  To
qualify as "independent legal
counsel" the attorney signing the
statement required by this section
must have full authority to
independently represent the State
agency in court on all matters
pertaining to the State program.

Introduction

     This Chapter contains a Model Attorney General's Statement
for revisions to the RCRA program that have occurred since
January 1983.  Chapter 2.3 contains the June 1983 Model Attorney
General's Statement.  These Model were based on 40 CFR §271.7 and
were designed to assist attorneys preparing to demonstrate that
State law and regulations provided adequate authority for a
State to receive final authorization under Section 3006(b) of
RCRA.  Applicants should review Chapter 2.3 this Manual for
general guidance
Statement.
on the preparation of Attorney General's
            3.3-1

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     Since the preparation of the 1983 Model Statement, EPA
has promulgated many new regulations.   In addition, various
requirements have been imposed directly by statute pursuant
to the Hazardous and Solid Waste Amendments of 1984 (HSWA)
amending RCRA, 42 U.S.C. §6926(g)(l).   States applying for
final authorization are required to adopt some of the newer
statutory and regulatory requirements  as a condition of
authorization, depending on when their official application
is submitted.  (See 40 CFR 271.21(e),  and related preamble
discussion, 51 FR 33712, (September 22, 1986).)  States
which have already received final authorization must adopt
new RCRA statutory and regulatory requirements pursuant to
the schedule in 40 CFR §271.21(e ) (2).   See 51 FR 33712,
September 22, 1986.  (If the  new RCRA  requirements are less
stringent than the previous RCRA requirements, States may
adopt them but are not required to  do  so.)  The purpose of
the Model Attorney General's  Statement in this chapter is to
supplement the June 1983 Model Statement to include the new
provisions States must adopt.

Use of the Model Statement

     EPA does not expect that most  States will seek authorization
for all the RCRA provisions included in this Model Statement at
one time.  This Model covers  requirements established over a two
and half year period and States do  not have to adopt all the
requirements simultaneously.   States should either put "not
applicable" beside any provisions in the Model Statement they
are not seeking authority for or reformat the Model to exclude
those provisions.  Where the  State  is  in the process of applying
for final authorization to carry out the base RCRA program (in
contrast to submitting a program revision after authorization),
it should append this Model statement  - or pertinent provisions
thereof - to its Attorney General's statement based on the
June 1983 Model Attorney General's  Statement  (see Chapter 2.3).
EPA will also update this revised Model periodically to reflect
new requ ireme nts.

Relationship of Model Statement and HSWA Statutory Checklist

     It should be noted that  the new Model Statement does not
include all the provisions appearing on the Statutory Checklist
for HSWA (see Chapter 3.5).  This is because States are not
eligible to receive authorization now for all HSWA provisions.
States can only be authorized to carry out HSWA requirements that
have taken effect.  The HSWA  Checklist was designed to enable
States to predict what statutory authority they were ever likely
to need to implement all HSWA requirements, not to indicate
the statutory provisions for which  they could currently seek
authority.

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inseparable HSWA Provisions

     There may be circumstances in which States will adopt some
but not all of several related HSWA requirements.  States should
be aware that EPA may not be able to authorize the State to carry
out every provision for which the State has equivalent authority.
Certain HSWA requirements are so integrally related that it is
not feasible for EPA to authorize one without the other.  In such
cases EPA would require the State to have authority for all
related provisions.  For example, a State could not receive
authorization for corrective action without having the corresponding
financial responsibility requirements.  (See the HSWA Authorization
Matrix in Chapter 1.7 to determine which provisions must be
applied for at the same time.)

Federal Variances and Exemptions

     It is also possible that States may not be authorized to
grant certain HSWA exemptions and variances in lieu of EPA.  The
wording and purpose of some HSWA provisions suggests that Congress
intended that EPA, not the State, make the decision about whether
to grant a variance or extension.  While States may decide to
grant parallel variances or extensions, the facility would also
have to obtain EPA's approval, even after the State receives
authorization for the underlying requirement from which the
exemption or variance is sought.

Citations of State Authority

     Each item in the Model Statement lists the Federal authority
for which a State must have equivalent authority.  In most cases
EPA has implemented its statutory authority through regulations;
thus, the Attorney General must certify that the State's authority
is equivalent to the regulations cited in the "Federal Authority"
section.  (The Federal regulation citations also appear in
greater detail on the Regulatory Checklists EPA has prepared.)
In some instances there are no implementing regulations; See,
e.g., XV.D. of the Statement regarding RCRA §3004(t).  There the
Attorney General must certify State statutory or regulatory
equivalency to EPA's statutory authority.

     In describing and citing to State authority, it is critical
that the State have and the Attorney General cite specific
authority for the State hazardous waste management regulations.
For example, many States have general enabling laws authorizing
the promulgation of any regulations necessary to effectuate
statutory goals.  Thus,  they would have authority to enact
regulations satisfying many of the new RCRA requirements.
However, unless and until there are specific State statutory or
regulatory requirements  corresponding to EPA's requirements,  a
State will not be authorized.
                              3.3-3

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  40DEL ATTORNEY GENERAL'S STATEMENT FOR FINAL AUTHORIZATION
        FOR CHANGES TO THE FEDERAL RCRA PROGRAM FROM
             JANUARY, 1983 THROUGH DECEMBER, 1986
I hereby certify, pursuant to my authority as 	
and in accordance with Section 3006(b) of the Resource
Conservation and Recovery Act, as amended by the Hazardous
and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and
40 CFR 271 that in my opinion the laws of the State [Common-
wealth]  of 	 provide adequate authority to
carry out the revised program set forth in the revised "Program
Description" submitted by the [State Agency].  The specific
authorities provided are contained in statutes or regulations
lawfully adopted at the time this Statement is signed and which
are in effect now  [shall be fully effective by	 ] ,
as specified below.
I.  IDENTIFICATION AND LISTING

     A.  State statutes and regulations contain lists of hazardous
waste which encompass all wastes controlled under the following
Federal regulations as indicated in the designated Revision
Checklists:

     (1) Chlorinated aliphatic hydrocarbons, 40 CFR 261.31,
         as amended February 10, 1984  [49 FR 5308-15], Revision
         Checklist 4.

     (2) [OPTIONAL;  This is a reduced requirement.]
         Warfarin and zinc phosphide listing, 40 CFR 261.33(e)
         and (f), as amended May 10, 1984  [49 _FR 19923], Revision
         Checklist 7.

     (3) TDI, DNT and TD^ wastes, 40 CFR 261.32 and 261.33(f), as
         amended October 23, 1985 [50 FR 42936-43], Revision
         Checklist 18.

     (4) Spent solvents, 40 CFR 261.31, as amended December 31,
         1985 [50 FR 53319-20] and January 21, 1986 [51 FR 2702],
         Revision Checklist 20.

     (5) EDB wastes, 40 CFR 261.32, as amended February 13, 1986
         [51, FR 5330], Revision Checklist 21.

     (6) Four spent solvents, 40 CFR 261.31 and 261.33(f), as
         amended February 25, 1986  [51 FR 6541] , Revision
         Checklist 22.
  The phrase "OPTIONAL;  This is a reduced requirement"  is used to
  indicate provisions that either are less stringent or  reduce
  the scope of the program.  Any State which adopts an "optional"
  requirement must ensure that it is as least as stringent as the
  Federal requirement.

                              3.3-4

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      (7)   [OPTIONAL:   This is a reduced requirement.]
           Listing of  spent pickle liquor from steel finishing
           operations,  40 CFR 261.32,  as amended May 28,  1986
           [51 FR 19320]  and September 22,  1986 [51 FR 33612],
           Revision Checklist 26.

      (8)   Listing of  commercial chemical products and Appendix
           VIII constituents,  40 CFR 261.33 and Appendix  VIII, as
           amended August 6,  1986  [51  FR 28296],  Revision Checklist
           29.

      (9)   EBDC wastes,  40 CFR 261.32, as amended on October 24,
           1986 [51 FR 37725], Revision Checklist 33.

 [Federal  Authority:   RCRA §3001(b).]

 Citation  of Laws and  Regulations; Date of Enactment and  Adoption

 Remarks of the Attorney  General


      B.  State statutes  and regulations define hazardous waste
 so as to  control the  generation,  transportation, treatment,
 storage and disposal  of  hazardous waste produced by small
 quantity  generators of between 100 and 1000 kilograms/month as
 indicated in Revision Checklist 23.  State statutes and  regula-
 tions also require small quantity generators to certify  good
 faith efforts to minimize waste generation and to select the best
 available and affordable treatment, storage, or disposal  alterna-
 tives,  40 CFR 262 as  amended October  1, 1986 [51 FR 35190],
 Revision  Checklist 32 (See Item IX below).

 [Federal  Authority:   RCRA §3001(d); 40 CFR Parts 260-263 and 270
 as amended March 24,  1986 (51 FR  10174). and October  1,  1986
 (51 FR 35190.]

 Citation  of Laws and  Regulations; Date of Enactment and  Adoption

 Remarks of the Attorney  General
          [This is an optional requirement only if Sta'tes do
            delisting mechanism.]   State statutes and regulations
                   to delist  hazardous waste as indicated
     C.
not have a
provide authority
Revision Checklist 17B.
in
      (1)  State statutes and regulations require that before
          deciding  to delist a waste,  the State must consider
          whether any listing factor (including additional
          constituents)  other than those for which the waste
          was listed would cause the waste to be hazardous.

[Federal Authority:   RCRA §3001(f)(l);  40 CFR 260.22.]
                               3.3.5

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     (2) State statutes and regulations require that there
         be no new temporary delistings without prior notice
         and comment.   All temporary delistings received
         before November 18,  1984 without the opportunity
         for public comment and full consideration of such
         comment,  shall lapse if not made final by November 8,
         1986.

[Federal Authority:  RCRA §3001(f)(2); 40 CFR 260.20(d).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     D.  [OPTIONAL;  This is a reduced requirement.]  State
statutes and regulations define hazardous waste so as to exclude
waste pickle liquor sludge generated by lime stabilization,
but only to the extent that such waste is excluded by 40 CFR
261.3(c)(2), as amended June 5, 1984 [49 FR 23287], as indicated
in Revision Checklist 8.

[Federal Authority:  RCRA §3001; 40 CFR 261.3(c).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     E.  [OPTIONAL;  This is a reduced requirement.]  State
statutes and regulations define hazardous waste so as to not
exclude household waste other than those household wastes excluded
in 40 CFR 261.4(b)(l), as amended November 13,  1984 [49 FR 44980],
and as indicated in Revision Checklist 9.

[Federal Authority:  RCRA §3001; 40 CFR 261.4(b)(c).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     F.  State statutes and regulations incorporate the most
recent edition and updates to "Test Methods for Evaluating Solid
Waste, Physical/ Chemical Methods" (SW-846) as indicated in
Revision Checklist 11.

[Federal Authority:  RCRA §§2002, 3001 and 40 CFR 260.11, 260.21
and 270.6(a) as amended December 4, 1984 (49 FR 47391).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General
                              3.3-6

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      G.   State statutes and regulations define solid wastes to
 include  the hazardous components of radioactive mixed wastes/
 July 3,  1986 [51 FR 24504].  See State Program Advisory (SPA) #2.

 [Federal Authority:  RCRA §§1006 and 3001(b).]
                                                    *
 Citation of Laws and Regulations; Date of Enactment and Adoption

 Remarks  of the Attorney General


 II.   DEFINITION OF SOLID WASTE

      A.   State statutes and regulations define hazardous waste
 and  impose management standards so as to control all the hazardous
 waste controlled under 40 CFR Parts 261, 264, 265 and 266 as
 amended.January 4, 1985 [50 FR 614-669], April 11, 1985 [50 FR
 14216-20], and August 20, 1985 [50 FR 33541-43] as indicated in
 Revision Checklist 13.

 [Federal Authority:  RCRA §§3001, 3004]

 Citation of Laws and Regulations; Date of Enactment and Adoption

 Remarks  of the Attorney General


III.   MANAGEMENT OF DIOXIN WASTES

      A.   State statutes and regulations contain the following
 requirements regarding dioxin wastes as indicated in Revision
 Checklist 14:

      (1) Dioxin wastes are listed and otherwise identified
          as hazardous wastes so as to encompass all such
          wastes controlled under 40 CFR 261.5(e), 261.7(b),
          261.30(d), 261.31, and 261.33(f).

      (2) Special management and permitting  standards for
          facilities managing dioxin wastes  and prohibi-
          tions applicable to interim status facilities,
          as provided in 40 CFR Parts 264, 265, and 270.

 [Federal Authority:  §§3001, 3004; 40 CFR Parts 261, 264, 265
 and  270  as amended January 14, 1985 (50 FR  1978-2006).]

 Citation of Laws and Regulations, Date of Enactment and Adoption

 Remarks  of the Attorney General


 IV.  SATELLITE  ACCUMULATION

          [OPTIONAL;  This is a reduced requirement.]  State
 statues  and regulations allow generators to accumulate at the
 site of  generation, without a permit or interim status, as
                               3.3-7

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much as 55 gallons of hazardous waste or one quart of acutely
hazardous waste provided that the generator complies with the
requirements specified in §262.34(c) as indicated in Revision
Checklist 12.

[Federal Authority:  RCRA §§2002, 3002, 3004, 3005 and 40 CFR
262.34(c) as amended December 20, 1984 (49 FR 49571).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General


V.  APPLICABILITY OF INTERIM STATUS STANDARDS

     A.  State statutes and regulations contain the following
requirements regarding interim status standards as indicated in
Revision Checklists 3 and 10:

     (1) Interim status standards apply to facilities identified
         in 40 CFR. 265.l(b).

[Federal Authority:  RCRA §3004; 40 CFR  Part 265 as amended
November 22, 1983  (48 FR 52718) and November 21, 1984 (49 FR
46095).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General  •


VI.  PAINT FILTER TEST

     State statutes and regulations require the use of a paint
filter test to determine the absence or presence of free liquids
in either a containerized or bulk waste as indicated in Revision
Checklists 16, 17F and 25.

[Federal Authority:  RCRA §§3004, 3005; 40 CFR Parts 260,
264, 265, and 270 as amended April 30, 1985  (50 FR 18370),
July 15, 1985 (50 FR 28702) and May 28, 1986 (51 FR 19176).]

Citation of Laws and Regulations,- Date of Enactment and Adoption

Remarks of the Attorney General


VII.  NATIONAL UNIFORM MANIFEST

     State statutes and regulations require generators to use
the national uniform manifest as indicated in Revision Checklists
5  and 32.

[Federal Authority:  RCRA §§2002, 3002, 3003 and 40 CFR Parts 260
and 262 as amended March 20, 1984 (49 FR 10490) and October 1, 1986
(51 FR 35190).]
                             3. ^-

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Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


VIII.  BIENNIAL REPORT

     A.  State statutes and regulations contain the following
reporting requirements as indicated in Revision Checklists 1 and
30.

     (1) The biennial report contains the information indicated
         in 40 CFR 262.41(a).

     (2) Facilities must submit groundwater monitoring data
         annually to the State Director as indicated in
         40 CFR 265.94.

[Federal Authority:  RCRA §§3002, 3004; 40 CFR Parts 262 and
265 as amended January 28,  1983 (48 FR 3981-83) and August 8,
1986 (51 FR 28566).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


IX.  WASTE MINIMIZATION

     State statutes and regulations contain the following
requirements regarding waste minimization as indicated in
Revision Checklists 17D, 30 and 32 (See Item I.E. above).

     (1) Generators must submit report and manifest certifications
         regarding efforts  taken to minimize the amounts and
         toxicity of wastes.

[Federal Authority:  RCRA §3002(a)(6), (b); 40 CFR 262.41, 264.75
and 265.75 as amended July  15,  1985 (50 FR 28702), August 8, 1986
(51 FR 28556) and October 1, 1986 51 FR 35190).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     (2) RCRA permits for the  treatment,  storage, or disposal
         of hazardous waste on the premises where the waste
         was generated must contain a certification by the
         permittee regarding efforts taken to minimize the
         amount and toxicity of the generated wastes.

[Federal Authority:   §3005(h);  40 CFR Parts 264.70, 264.73 and
270.30(j)(2) as amended July 15,  1985(50  FR 28702).]
                              3.3-9

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Citation of Laws and Regulations;' Date of Enactment and Adoption

Remarks of the Attorney General


X.  LIQUIDS IN LANDFILLS

     A.  State statutes and regulations contain the following
requirements regarding liquids in landfills as indicated in
Revision Checklists 17F and 25.

     (1) Effective May 8,  1985, there is a ban on the placement
         of bulk or non-containerized liquid hazardous waste
         or hazardous waste containing free liquids in any
         landfill pursuant to 40 CFR 264.314 and 265.314 as
         amended July 15,  1985 and May 28, 1986.

     (2) Effective November 8, 1985, there is a ban on the
         placement of non-hazardous liquids in landfills unless
         the owner or operator satisfies the criteria set forth
         in 40 CFR 264.314(e), 265.314(e), as amended July 15,
         1985 and May 28,  1986.

     (3) For bulk or non-containerized liquid wastes or wastes
         containing free liquids they may be placed in a landfill
         prior to May 8, 1985, only if the requirements of
         40 CFR 264.314(a) and 265.314(a) are met.

[Federal Authority:  §3004(c); 40 CFR 264.314, 265.314 and
270.21(h) as amended July 15,  1985  (50 FR 28702) and May 28,
1986 (51 FR 19176).]

Citation of Laws and Regulations? Date of Enactment and Adoption

Remarks of the Attorney General


XI.  GROUND-WATER MONITORING

     A.  State statutes and regulations provide that the §3004
ground-water monitoring requirements applicable to surface
impoundments, waste piles, land treatment units and landfills
shall apply whether or not such units are located above the
seasonal high water table, have two lines and a leachate
collection system or have liners that are periodically inspected,
as indicated in Revision Checklist  171.

[Federal Authority:  RCRA §3004(p); 40 CFR 264.222, .252,
.253,  and  .302 as amended July 15,  1985  (50 FR 28702).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General
                              3.3-10

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     B.  [OPTIONAL;  This is a reduced requirement.]  State
statutes and regulations may allow variances from the ground-
water monitoring requirements as provided in §3004(p).  However,
those variances must be restricted as provided in RCRA §3004(p).

[Federal Authority:  RCRA §3004(p); 40 CFR 264.90(b).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


XII.  BURNING AMD BLENDING OF HAZARDOUS WASTES

     A.  State statutes and regulations provide the following
requirements:

     (1) The burning of fuel containing hazardous waste in a
         cenent kiln is prohibited as specified in 40 CFR
         266.31 and Revision Checklist 17J.

[Federal Authority:  RCRA §3004(q); 40 CFR 266.31, July 15,
 1985 (50 FR 28702) .]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

     (2) Fuels containing hazardous waste and all persons who
         produce, distribute and market fuel containing hazardous
         wastes must be regulated as indicated in Revision
         Checklists 17J and 17K.

[Federal Authority:  RCRA §§3004(q)-(s);  40 CFR 261.33; 266.34,
July 15, 1985 (50 FR 28702).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     B.  [OPTIONAL;  This is a reduced requirement.]  State
statutes and regulations provide exceptions to these require-
ments as specified in §§3004(q)-(s).

[Federal Authority:  RCRA §§3004(q)-(s ) .]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


XIII.  CORRECTIVE ACTION

     State statutes and regulations contain the following
corrective action requirements as indicated in Revision Checklist
17L:
                             3.3-11

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     (1)  Corrective action is required  for releases of hazardous
         waste or constituents from any solid waste management
         unit at a facility seeking a perjnit, regardless of
         when the waste was placed in the unit,  in all permits
         issued after November 3,  1984 as indicated in Revision
         Checklist 17L.

[Federal  Authority:  RCRA §3004(u); 40 CFR 264.90; .101; 270.60.]

Citation  of Laws and Regulations;  Date of Enactment and Adoption

Remarks of the Attorney General


     (2)  Corrective action is required beyond a facility's
         boundary, in accordance with RCRA §3004(v).  (States
         now may impose these requirements through a permit or
         a corrective action order.  Once EPA promulgates the
         regulations required by RCRA §3004(v),  States will
       v need authority to impose corrective action in a permit
         following the §3004(v) regulations.)

[Federal  Authority:  RCRA §3004(v)(1).]

Citation  of Laws and Regulations;  Date of Enactment and Adoption

Remarks of the Attorney General


     (3)  Corrective action is required beyond a facility's
         boundary in accordance with §3004(v) for all landfills,
         surface impoundments and waste pile units (including any
         new units, replacements of existing units or lateral
         expansions of existing units) which receive hazardous
         waste after July 26, 1982.

[Federal  Authority:  RCRA §3004(v)(2).]

Citations of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     (4)  There is evidence of financial responsibility for
         corrective action on- and off-site.

[Federal  Authority:  RCRA §§3004(a)(6); (u); 40 CFR 264.90; .101.]

Citation  of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General
                             3.3-12

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 XIV.  HAZARDOUS WASTE EXPORTS

      State statutes and regulations require generators and
 transporters of hazardous waste destined for export outside the
 United States to comply with standards equivalent to those as
 indicated in Revision Checklist 31.

 [Federal Authority:  RCRA §3017; 40 CFR 262.50 as amended August
 8, 1986 (51 FR 28664).]

 Citation of Laws and Regulations; Date of Enactment and Adoption

 Remarks of the Attorney General


XV.   STANDARDS FOR FACILITIES

      A.  State statutes and regulations prohibit the land disposal
 of hazardous waste prohibited under 40 CFR Parts 264 and 265 as
 indicated in Revision Checklist 17E.  Land disposal includes,
 but is not limited to,  placement in landfills, surface impound-
 ments, waste piles, deep injection wells, land treatment
 facilities, salt dome and bed formations and underground mines
 or caves.  Deep injection well means a well used for the under-
 ground injection of hazardous wastes other than a well to
 which §7010(a) of RCRA applies.

 [Federal Authority:  RCRA §§3004(b)-(q); 40 CFR 264.18, 265.18.]

 Citation of Laws and Regulations; Date of Enactment and Adoption

 Remarks of the Attorney General


      B.  Effective on November 8, 1984 State statutes and
 regulations prohibit the placement of any non-containerized or
 bulk liquid hazardous waste in any salt dome or salt bed forma-
 tion any underground mine or cave except as provided in §264.18(c)
 and §265.18(c) as indicated in Revision Checklist 17E.  Further-
 more,  State statutes and regulations prohibit the placement of
 any other hazardous waste in such formations until a permit is
 issued.

 [Federal Authority:  RCRA §3004(b)(4); 40 CFR 264.18 and 265.18.]

 Citation of Laws and Regulations; Date of Enactment and Adoption

 Remarks of the Attorney General


      C.  State statutes and regulations prohibit the use of waste
 oil or other materials  contaminated with hazardous wastes (except
 ignitible wastes) as a  dust supressant as indicated in Revision
 Checklist 17G.

 [Federal Authority:  RCRA §3004(1); 40 CFR 266.23.]


                              3.3-13

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Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     D.  State statutes and regulations allow direct action by
third parties against the insurer or guarantor of an owner/
operator's financial responsibilites if an owner/operator
is in bankruptcy reorganization or arrangement or where (with
reasonable diligence) jurisdiction in any State or Federal
Court cannot be obtained over an owner/operator likely to be
solvent at time of judgment.

[Federal Authority:   RCRA §3004(t).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     E.  State statutes and regulations require the permittee
to take steps to minimize releases to the environment in
accordance with 40 CFR Part 270.30(d) as amended September 1,
1983, as indicated in Revision Checklist 2.

[Federal Authority:   RCRA §3005(c).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     F.  State statutes and regulations require that closure
and post-closure requirements and special requirements for
containers apply to interim status landfills as indicated in
Revision Checklist 15.

[Federal Authority:   RCRA §3004; 40 CFR 265.310, .315 as
amended April 23, 1985 (50 FR 16044).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     G.  State statutes and regulations require compliance with
closure/post-closure and financial responsibility requirements
applicable to owners and operators of hazardous waste treatment,
storage and disposal facilities, as indicated in Revision
Checklist 24.

[Federal Authority:   RCRA §§3004 and 3005, 40 CFR 260, 264, 265,
and 270 as amended May 2, 1986  (51 FR 16422).]
                             3.3-14

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Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     H.  [OPTIONAL;  This is a reduced requirement.]  State
statutes and regulations allow companies that treat store or
dispose of hazardous waste to demonstrate alternate coverage
for liability insurance in the form of a corporate guarantee as
indicated in Revision Checklist 27.

[Federal Authority:  RCRA §§2002, 3004, and 3005, 40 CFR
264.147 and 264.151 as amended July 11, 1986 (51 FR 25350).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     I.  State statutes and regulations require companies that
generate, treat or store hazardous waste in containers to comply
with tank standards equivalent to those indicated in Revision
Checklist 28.

[Federal Authority:  RCRA §§1006, 2002, 3001 - 3007, 3010,
3014,  3017 - 3019 and 7004; 40 CFR 260, 261, 262, 264, 265, and
270 as amended July 14, 1986 (51 FR 25422) and August 15, 1986
(51 FR 29430).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General


XVI. REQUIREMENTS FOR PERMITS

     A.  [OPTIONAL;  This is a reduced requirement.]
State statutes and regulations allow a facility (1) to construct
an approved TSCA facility for burning PCBs without first obtaining
a RCRA permit and (2) to subsequently apply for a RCRA permit in
accordance with Revision Checklist 17M."

[Federal Authority:  RCRA §3005(a), 40 CFR 270.10(f)(3).]

     B.  State statutes and regulations require review of land
disposal permits every five years and modification of such
permits as necessary to assure compliance with the requirements
in Parts 264,  266,  and 270, as indicated in Revision
Checklist 17N.

[Federal Authority:  RCRA §3005(c)(3), 40 CFR 270 . 41 (a) (6 ), .50(.d).]
                             3.3-15

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Citation of Laws and Regulations;  Date of Enactment and Adoption

Remarks of the Attorney General


     C.  State statutes and regulations require permits to
contain any conditions necessary to protect human health and
the environment in addition to any conditions required by
regulations as indicated in Revision Checklist 17O.

[Federal Authority:  RCRA §3005(c)(3)r 40 CFR 270.32]

Citation of Laws and Regulations;  Date of Enactment and Adoption

Remarks of Attorney General


     D.  State statutes and regulations require that:

     (1) For land disposal facilities granted interim status
         prior to 11/8/84, interim status terminates 11/8/85;
         unless a Part B application and certification of
         compliance with applicable groundwater monitoring
         and financial responsibility requirements are
         submitted by 11/8/85, as  indicated in Revision
         Checklist 17P.

[Federal Authority:  RCRA §3005(e); 40 CFR 270.73(c).]

Citation of Laws and Regulations;  Date of Enactment and Adoption

Remarks of Attorney General


     (2) For land disposal facilities in existence on the
         effective date of statutory or regulatory changes under
         this Act that render the  facility subject to the require-
         ment to have a permit and which is granted interim
         status, interim status terminates 12 months after the
         date the facility first becomes subject to such permit
         requirement unless a Part B application and certification
         of compliance with applicable groundwater monitoring and
         financial responsibility requirements are submitted by
         that date as indicated in Revison Checklist 17P.

[Federal Authority:  RCRA §3005(e); 40 CFR 270.73(d}.]

Citation of Laws and Regulations;  Date of Enactment and Adoption

Remarks of Attorney General


     (3) Interim status terminates for incinerator facilities
         by 11/8/89 unless the owner/operator submits a
                             3.3-16

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         Part B application by 11/8/86 as indicated in
         Revision Checklist 17P.

[Federal Authority:  RCRA §3005(c)(2)(C); 40 CFR 270.73(e).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General


     (4) Interim status terminates for any facility other
         than a land disposal or an incineration facility
         by 11/8/92 unless the owner/operator submits a
         Part B application by 11/8/88 as indicated in
         Revision Checklist 17P.

[Federal Authority:  RCRA §3005(c)(2)(C)? 40 CFR 270.73(f).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General


     E.  [OPTIONAL; This is a reduced requirement.]  State
statutes and regulations allow facilities to qualify for interim
status if they (1) are in existence on the effective date of
statutory or regulatory changes that render the facility subject
to the requirement to have a permit and (2.) comply with §270.70(a)
as indicated in Revision Checklist 17P.

[Federal Authority:  RCRA §3005(e); 40 CFR 270.73(d).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General


     F.  State statutes and regulations provide that facilities
may not qualify for interim status under the State's analogue to
Section 3005(e) if they were previously denied a Section 3005(c)
permit or if authority to operate the facility has been terminated
as indicated in Revision Checklist 17P.

[Federal Authority:  RCRA §3005(c)(3); 40 CFR 270.70(c).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     G. [OPTIONAL;  This is a reduced requirement.]  State
statutes and regulations allow the issuance of a one-year research
development, and demonstration permit (renewable 3x) for any
hazardous waste treatment facility which proposes an innovative
                              3.3-17

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and experimental hazardous waste treatment technology or process
not yet regulated as indicated.in Revision Checklist 17Q.   If
adopted, however, the State must require the facility to meet
RCRA's financial responsibility and public participation require-
ments and retain authority to terminate experimental activity if
necessary to protect health or the environment.

[Federal Authority:   RCRA §3005(g); 40 CFR 270.65]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     H.  State statutes and regulations require landfills, surface
impoundments, land treatment units, and waste piles that received
waste after July 26, 1982 and which qualify for interim status
to comply with the groundwater monitoring, unsaturated zone
monitoring, and corrective action requirements applicable to new
units at the time of permitting as indicated in Revision Checklist
17L.

[Federal Authority:   RCRA §3005(i); 40 CFR 264.90(a).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General


     I. State statutes and regulations require:

        (1)  Surface impoundments in existence on November 8,
1984 [or subsequently becoming subject to RCRA pursuant to
§3005(j)(6)(A) or (B)] to comply with the double liner, leachate
collection, and -groundwater monitoring requirements applicable
to new units by November 8, 1988 [or the date specified in
§3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing
hazardous waste, unless the surface impoundment qualifies for a
special exemption under §3005(j).

[Federal Authority:   RCRA §3005(j)(8 ) .]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

        (2)  Surface impoundments to comply with the double liner,
leachate collection and ground-water monitoring requirements if
the Agency allows a hazardous waste prohibited from land disposal
under §3004(d),  (e)  or (g) to be placed in such impoundments.

[Federal Authority:   RCRA  §3005(j)(11) . ]
                              3.3-18

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Citation of Laws and Req_u_la t i o ns ;  Da t_ e _qf  Enactment  and  Adoptio n

Remarks of Attorney General


        (3)   [OPTIONAL,  This  is a  reduced  requirement.]   State
statutes and regulations may allow  variances  from  the  above
requirements as provided in RCRA §3005 ( j )( 2-9 )  and  (13).   However,
the availability of such variances  must be  restricted  as  provided
in RCRA §3005 ( j ) .

[Federal Authority:  RCRA §3005 ( j )( 2-9 ).]

Citation of __ Laws _a nd _R ey u 1 a_t ions ;  Date  of  Enactment  and  Adoption

Remarks _pf_ _A t_t_qr riev_ General


     J.  [OPTIONAL:  This is a  reduced  requirement.]   Facility
owners or operators are given the opportunity to cure  deficient
Part A applications in accordance with  40  CFR 270.70(b)  before
failinq to qualify for interim  status as indicated  in  Revision
Checklist 6.

[Federal Authority:  RCRA §3005; 40 CFR Part  270 as  amended
April 24, 1984  (49 FR 17716).]

Citation _of_ Laws and Regulations; _Da t e s . qf_ E nac'tme nt and  Adoption

Remarks of Attorney General


XVII.  MINIMUM TECHNOLOGICAL REQUIREMENTS

     A.  State' statutes and regulations require that new  units,
expansions, and replacements of  interim status waste piles meet
the requirements for a single liner and leachate collection
system in regulations applicable to permitted waste piles as
indicated in the Revision Checklist
 [Federal Authority:  RCRA §3015(a); CFR 265.254]

Citation of Laws and Regulations; Dates of Enactment and Adoption

Remarks of Attorney General


     B.  State statutes and regulation require that:

        (1)  New units, expansions, and replacement units at
             interim status landfills and surface impoundments
             and permitted landfills and surface impoundments
             meet the requirements for double liners and
             leachate collection systems applicable to new
             permitted landfills and surface impoundments in

                              3.3-19

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             40 CFR 264.221 and .301 and 265.221 and .301
             as indicated in Revision Checklist 17H.

        (2)  [Optional;   This is a reduced requirement.]
             Facilities  which comply in good faith need not
             retrofit at permit issuance unless the liner is
             leaking as  provided in §§265.221(e) and 265.301(e)
             as indicated in Revision Checklist 17H.

        (3)  Variances from the above requirements are optional.
             However/ the availability of such variances is
             restricted  as provided in §§265.221(c) and 265.301(c)
             as indicated in Revision Checklist 17H.

 [Federal Authority:  RCRA §3015(b); 40 CFR 264.221 and 265.221.]

Citation of Laws and Regulations;  Date of Enactment and Adoption

Remarks of the Attorney  General


XVIII.   EXPOSURE ASSESSMENTS

     A.  State laws and  regulations require permit applicants for
landfills or surface impoundments  to submit exposure information
as indicated in Revision Checklist 17S.

 [Federal Authority:  RCRA §3019(a); 40 CFR 270.10(j).]

     B.  State laws and  regulations allow the State to make
assessment information available to the Agency for Toxic
Substances and Disease Registry.   (See CERCLA §104j(i).]

 [Federal Authority:  RCRA §3019(b).]

Citation of Laws and Regulations;  Date of Enactment and Adoption

Remarks of Attorney General


XIX.  AVAILABILITY OF INFORMATION

     State statutes and  regulations provide that:

     (1)  All records shall be available to the public
          unless they are exempt from the disclosure
          requirements of the Federal FOIA, 5 U.S.C.
          552;

     (2)  All nonexempt records will be available to
          the public upon request regardless of whether
          any justification or need for such records
          has been shown by the requestor;
                              3.3-20

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     (3)  The same types of records would be available to the
          public from the State as would be available from EPA.
          [In making this certification, the Attorney General
          should be aware of the types of documents EPA generally
          releases under the FOIA, subject to claims of business
          confidentiality:  permit applications; biennial reports
          from facilities;  closure plans; notification of a
          facility closure; contingency plan incident reports;
          delisting petitions; financial responsibility instru-
          ments, ground-water monitoring data (note that
          exemptions 5 U .S.C.552(b)(9) of the FOIA applies to
          such wells as oil and gas,  rather than to ground-water
          wells); transporter spill reports; international
          shipment reports; manifest exception, discrepancy
          and unmanifested  waste reports; facility EPA
          identification numbers; withdrawal requests/-
          enforcement orders; and, inspection reports]; and,

     (4)  Information is provided to the public in substantially
          the same manner as EPA as indicated in 40 CFR Part 2
          and Revision Checklist 26.   [Optional;   Where the State
          ayrees to implement selected provisions through the use
          of a Memorandum of Agreement (MOA) the Attorney General
          must certify that:  "The State has the authority to
          enter into and carry out the MOA provisions and there
          are no State statutes .(e.g., State Administrative -
          Procedures Acts)  which require notice and comment or
          promulgation of regulations for the MOA procedures
          to be binding .]

     (5)  [OPTIONAL:  The State statutes and regulations protect
          Confidential Business Information (CBI) to the same
          degree as indicated in 40 CFR 2 and Revision Checklist
          26.  Note, that States do not have to protect CBI, to
          satisfy 3U06(f).   However,  if a State does extend
          protection to CBI then it cannot restrict the release
          of information that EPA would require to be disclosed.]

 [Federal Authority:  RCRA §3006(f); 40 CFR §271.17(c).]

Citation of  Laws ^j}d JR_eg_ulat ions; pate of Enactment and Adoption

Remarks of Attorney General
XX.
Burning of Waste Fuel and Used Oil Fuel in Boilers and
Industr^aj^ Furnaces

A.  State statutes and regulations contain the following
requirements regarding the burning of waste fuel and used
oil fuel for energy recovery in boilers and industrial
furnaces as indicated in. Revision Checklist 19:
                              3.3-21

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         (1)   Waste fuels and used oil fuels are identified as
              solid wastes so as to encompass all such wastes
              controlled under 40 CFR 261.3, 261.5 and 261.6.

         (2)   Special management standards for generators,
              transporters,  marketers and burners of hazardous
              waste and used oil burned for energy,- as provided
              in 40 CFR 264.340, 265.340, 266.30-35 and 266.40-45.

[Federal Authority: §§3001,  3004, 3014(a); 40 CFR Parts 261,
264, 265 and  266 as amended November 29,  1985 [50 FR 49164 -
49212], November 19; 1986 [51 FR 41900 -  41904]  and
April 13, 1987 [52 _FR 11819 - 11822].]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General

     B.  State statutes and regulations provide the authority
to ootain criminal penalties for violations of the waste fuel
and used oil  fuel requirements, as provided in 40 CFR 266.40-45.

[Federal Authority:  §3006(h), §3008(d),  3014; 40 CFR 271.16]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General


XXI. LAND DISPOSAL RESTRICTIONS

     A.  State statutes and regulations provide for the restrictions
of the land disposal of certain spent solvents and dioxin-containing
hazardous wastes as indicated in Revision Checklist 34.

[Federal Authority: §3004(d)-(k) and  (m); 40 CFR Parts 260, 261,
262, 263, 264, 265, 268 and 270 as amended on November 1, 1986
(51 FR 40572) and as amended on June 4, 1987 (52 FR 21010).]

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of Attorney General
                              3.3-22

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XXII. MEMORANDUM OF AGREEMENT (MQA)

       [If the State uses the MOA to satisfy Federal procedural
 requirements, the Attorney General must certify the following:

        (1) The State has the authority to enter into the
            agreement,

        (2) The State has the authority to carry out the
            agreement,  and

        (3) No applicable State statute (including the State
            Administrative Procedure Act)  requires that the
            procedure be promulgated as a rule in order to
            be b i nd i ng .
 Seal of Office
                                        Sig nature
                                        Name (Type or Print)
                                        Title
                                        Date
                               3.3-23

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                                                     OSWER  DIRECTIVE  #9540.00-9
                                  CHAPTER 3.4

                            MEMORANDUM OF AGREEMENT
 Introduction

      The Memorandum of Agreement (MCA) is the vehicle for specifying areas of
 coordination and cooperation in the respective roles and responsibilities of
 EPA  and the authorized State.  As such, the MCA should be a dynamic instrument,
 reviewed and revised annually to accommodate changes in the maturing State-EPA
 relationship.  Chapter 2.4 presents the Federal requirement for the MCA and
 provides a discussion of the purpose of the MQA and who should sign the Agreement.
 The  guidance in this chapter describes how the MCA should be changed or replaced
 to accommodate the modified State/EPA relationship brought about by HSV&.

 Model .

      The Model MCA contained in Chapter 2.4 was written to satisfy the final
 authorization requirements of the pre-HSV& program.  However, HSWA initiated
 fundamental changes to the relationship between EPA and State programs.  All
 States  with final authorization should review their MCA with the EPA Regional
 Office  to make sure that the Agreement is consistent with HSV&.

      The following Model is written as a guide to meeting the requirements of
.§271.8  and HSW\.  The Model is a complete MCA and supersedes the Model in
'Chapter 2.4.  It can be used to completely replace an existing final authorization
 MCA.  Several areas where the Region and the State may need or want to expand
 the  basic framework of the Model have been noted in brackets.  Each Region
 undoubtedly will have additional terms it will want to include in some or all
 of its  MCA's.

      Many current final authorization MOA's contain State-specific provisions
 that  have been negotiated over several years.  In such cases the State and
 Region  may prefer to amend the existing agreement instead of replacing it.
 The  underlined text in the Model indicates the HSW^ changes to the earlier
 Model in Chapter 2.4.  Therefore, a State could simply address these HSV&
 aspects of the MCA by adding or replacing portions of its existing MCA in an
 addendum.  For illustrative purposes the contents of the -Model are outlined
 below.

        I.  General
      II.  Policy Statement
      III.  State program Review
                A.  General
                B.  Identification of Priority Activities
      IV.  Information Sharing
                A.  General
                B.  Em
                C.  State
                D.  Site Visits
                E.  Emergency Situations
                F.  Confidentiality


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V.    Permit Issuance
           A.   EPA Permitting
           B.   EPA Overview of State Permits
           C.   State Permitting
           D.   Joint Permitting Process
VI.   Permit Administration
           A.   EPA
           B.   State
VII.  Compliance Monitoring and Enforcement
           A.   EPA
           B.   State
VIII.  Availability of Information (§3006(f))
                                3.4-2

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                        MEMORANDUM OF AGREEMENT BETWEEN

                          THE STATE OF [            ]

                                      AND

               THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                                 REGION [    ]
I.    GENERAL

This Memorandum of Agreement (hereinafter "Agreement") establishes policies,
responsibilities, and procedures pursuant to 40 CFR 271.8 for the State of
[           ] Hazardous Waste Program (hereinafter "State Program") authorized
under Section 3006 of the Resource Conservation and Recovery Act (hereinafter
"RCRA" or "the Act") of 1976 (42 USC 6901 et seq.) as amended (Public Laws
94-580, 96-482, 98-616), and the United State Environmental Protection Agency
(hereinafter EPAJ Regional Office for Region [   ].  This Agreement further sets
forth the manner in which the State and EPA will coordinate in the State's
administration and enforcement of the State program and, pending State authori-
zation, EPA's administration of the provisions of the Hazardous and Solid Waste
Amendments of 1984 (HSV&).

(For purposes of this agreement, references to "RCRA" include the Hazardous and
Solid Waste Amendments of 1984 (HSWA) (P.L. 98-616).)

This Agreement is entered into by the Director [or other title as appropriate]
of [State Agency] (hereinafter "Director" or "the State") and the Regional
Administrator, EPA Region [ ] (hereinafter "Regional Administrator" or "EPA").
[Where State program responsibility is shared among two or more agencies, each
of the agencies is to be identified here as a party to the Agreement, the
Director of each is to sign the Agreement, and the Agreement must identify
which of the agencies is responsible for each Provision of the Agreement.]

For administrative purposes, the [State Agency] will serve as lead agency to
simplify coordination and communication between the State and EPA.  [This
provision need not be included in the MOA where there is only one responsible
State Agency.]

Nothing in this Agreement shall be construed to restrict in any way EPA's
authority to fulfill its oversight and enforcement responsibilities under
RCRA.  Nothing in this Agreement shall be construed to contravene any
provision of 40 CFR Part 271.

The parties will review the Agreement jointly at least once a year (and other
times as appropriate) during preparation of the annual State Grant Work Program
(hereinafter "State Work Program"), in connection with grant funding under
section 3011 of RCRA.
This Agreement may be modified upon the initiative of either party in ord
ensure consistency with State program modifications made or for any other

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purpose mutually agreed upon.  Any revisions or modifications to this Agreement
must be in writing and must be signed by the State and Regional Administrator.
This Agreement will remain in effect until such time as State program author izait
is withdrawn by or is voluntarily transferred to EPA according to the criteria
and procedures established in 40 CFR 271.22 and 40 CFR 271.23.

[For States receiving authorization for HSV& provisions;  This Agreement is
being~executed because the State is receiving authorization for [all the/
certain] provisions of the Hazardous and Solid Waste Amendments of 1984
(HSV&) (Pub.L. 98-616).  This Agreement [supplants/amends] the Agreement
which was effective on [insert date of final authorization] and any subsequent
amendments or revisionsTJ

This Agreement shall be executed by the State and the Regional Administrator
and shall become effective at the time the State's authorization takes effect,
which shall be the date set out in the Federal Register notice of the Regional
Administrator's decision to grant authorization to the State.

II.  POLICY STATEMENT

Each of the parties to this Agreement is responsible for ensuring that its
obligations under RCRA are met.  Upon granting of final authorization by
EPA, the State assumes primary responsibility for implementing the autho-
rized provisions of the RCRA hazardous waste program within its boundaries.
EPA retains its responsibility to ensure full and faithful execution of the
requirements of RCRA, including direct implementation of HSWA in the event
the State is not authorized to act.  The State and the Regional Administrator
agree to maintain a high level of cooperation and coordination between
their respective staffs in a partnership to assure successful and effective
administration of the State program.

Section 3006(g) of the HSV&. provides that hazardous waste requirements and
prohibitions promulgated pursuant to the HSV& are applicable in authorized
States at the same time that they are applicable in unauthorized States with
the exception of §3006(f)- Availability of Information, which cannot be
implemented by EPA in authorized States.  While EPA retains responsibility for
the direct implementation of those provisions of the HSVR. which the State is
not authorized to implement, it is the intention of EPA and the State to
coordinate the implementation of such provisions to the greatest degree possible.

EPA will oversee implementation of the authorized State program in order to
ensure full execution of the requirements of RCRA, to promote national consistency
in implementation of the hazardous waste program, to allow EPA to report to
the President and Congress on the achievements of the hazardous waste program,
and to encourage States and the EPA to agree on desirable technical support
and targets for joint efforts to prevent and mitigate environmental problems
associated with the improper management of hazardous wastes.  Oversight will
be accomplished by EPA through written reporting requirements,  permit
overview, compliance and enforcement overview, and annual review of the State's
programs.
                                     3.4-4

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 II.  STATE PROGRAM REVIEW

A.  General

    The Regional Administrator will assess the State administration and
    enforcement of the hazardous waste program on a continuing basis for
    equivalence and consistency with RCRA, with this Agreement, and with all
    applicable Federal requirements and policies and for adequacy of enforcement.
    This assessment will be accomplished by EPA review of information submitted
    by the State in accordance with this Agreement and the State Grant Work
    Program, permit overview, compliance and enforcement overview, and annual
    review of State program activities.

    The Regional Administrator may also consider, as part of this regular
    assessment, written comments about the State's program administration and
    enforcement that are received from regulated persons, the public, and
    Federal, State and local agencies.  Copies of any such comments received
    by the Regional Administrator will be provided to the State.

    To ensure effective program review, the State agrees to allow EPA access to
    all files and other information requested by the Regional Administrator or
    his/her designee and deemed necessary by EPA for reviewing State program
    administration and enforcement.

    Review of [State Agency] files may be scheduled at quarterly intervals.
    Program review meetings between the State and the Regional Administrator
    or their assignees will be scheduled at reasonable intervals not less than
    annually to review specific operating procedures and schedules, to resolve
    problems and to discuss mutual program concerns.

    These meetings will be scheduled at least fifteen days in advance unless
    agreed to differently.  A tentative agenda for the meeting will be prepared
    by EPA.

B.  Identification of Priority Activities

    [This section is significantly changed from Section III.B. of the model MQA
    in Chapter 2.4.  The State and Region may want to review the differences
    in these sections to see if this new language is preferable.]

    The State and EPA agree to develop, on an annual basis as a part of the
    State grant work program, criteria for priority activities, including
    activities regarding handlers of hazardous waste.  These criteria will be
    based on guidance issued by EPA in the annual RCRA Implementation Plan (RIP)
  .  and other guidance documents as may be appropriate, and will serve to
    identify those activities which should receive the highest priority during
    the grant period.

    Examples of activities which will be considered high priority will include,
    but not be limited to, facilities to be inspected, facilities to be per-
    mitted, and enforcement against facilities with known or suspected ground-
    water contamination.

                                     3.4-5

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IV.  INFORMATION SHARING

A.  General

    As the national hazardous waste program matures, the respective roles and
    responsibilities in this State/Federal parternship will become more clear.
    As the respective information needs of the State and EPA evolve, changes
    to this section of the Agreement may be appropriate.  During the annual
    review of this Agreement the State and the Regional Administrator will
    carefully examine the following information sharing provisions for needed
    revision.

B.  EPA

    1.  EPA will keep the State informed of the content and meaning of Federal
        statutes, regulations, guidelines, standards, policy decisions, directives,
        and any other factors that affect the State Program.  EPA will also provide
        general technical guidance to the State.  EPA will share with the State
        any national reports developed by EPA from the data submitted through State
        reporting requirements.

[Section #2 below is significantly changed from Sections IV.B.4 and 5 of the
Model NDA in Chater 2.4.  The State and Region may want to review the differences
to see if the new language is preferable.]

    2.  The State and EPA have agreed to a joint permitting process (see Section
        y.D. of this Agreement).  Under this process the State and EPA nave
        established policies and procedures by which each will pursue their
        respective and/or joint responsibilities under the HSV&T

        The State and EPA agree to the sharing of information as specified under "V.D.
        Joint Permitting Process" and the annual State grant work program.
        Specifically included shall be the procedures for sharing and coordinating
        the exchange of information on the following:

        a.  Part A and Part B Permit Applications, whether received prior to the
            effective date of this Agreement or subsequent to the effective date
            of this Agreement and whether first received by the State or EPA;

        b.  Such other information necessary to support the foregoing information;

        c.  Copies of draft permits, proposed permit modifications, public notices;

        d.  Copies of final permits and permit modifications; and

        e.' Notices of permit denials.

    3.  EPA agrees to make available to the State copies of any reports and data
        resulting from compliance inspections within sixty days of completion of
        the inspections.
                                     3.4-6

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    4.  [The Region may wish to insert optional delisting agreement.]

    5.  EPA agrees to provide the State notification information from EPA Form
        8700-12 obtained prior to the effective date of this Agreement if such
        information has not already been provided to the State.  The Director
        and EPA shall agree on the format in which the information will be
        provided and the information will be provided within thirty days of
        the effective date of this Agreement.  EPA will also forward, on a
        monthly basis, notification information (including newly assigned EPA
        identification numbers) submitted by persons in the State who file
        such forms after the effective date of this Agreement.  This information
        will be submitted to the Director within 10 days of the end of each
        month for the preceeding month.

     6. EPA agrees to assign EPA identification numbers to generators and
        transporters and to owners and operators of hazardous waste treatment,
        storage and disposal facilities submitting notifications after the
        effective date of this Agreement.  [Suggested language for States that
        receive Notifications;  Pursuant to Section 3010 and according to agree-
        ments between EPA and the State, the State is responsible for receiving,
        processing, and verifying information on notification forms (Form 8700-12)
        and for forwarding such information to EPA for the assignment of EPA
        Identification Numbers.3

    7.  EPA will make available to the State other relevant information as
        requested which the State needs to implement its approved program.
        Information provided to the State will be subject to the terms of 40
        CFR Part 2.

    [Optional: The State may wish to specify to whom information is to be sent.]

C.  State

    1.  The State agrees to inform the Regional Administrator in advance of
        any proposed program changes which would affect the State's ability to
        implement the authorized program.  Program changes of concern include
        modification of the State's legal authorities (i.e., statutes, regulations
        and judicial or legislative actions affecting those authorities),
        modifications of Memoranda of Agreement or Understanding with other
        agencies, and modifications of resource levels (i.e., available or
        budgeted personnel and funds).  The State recognizes that program
        revisions must be made in accordance with the provisions of 40 CFR
        Part 271.21, and that until approved by EPA, revisions are not authorized
        as RCRA Subtitle C requirements.

    2.  Annually, through development of the State grant work program, EPA and
        the State will agree on the type and frequency of reports the State will
        make in order for EPA to maintain oversight of the implementation of
        the State's authorized program.  Such reporting shall include, but not
        be limited to, the following: [Details regarding the type and frequency
        of reports may be inserted here.]
                                     3.4-7

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        a.  Compliance monitoring and enforcement information;

        b.  Information indicating the status of the State's permitting,  closure,
            post-closure,  and ground-water monitoring activities;

        c.  [If applicable] State decisions to grant variances,  waivers,  and
            delisting requests made by hazardous waste handlers; and

        d.  Various reports designed to accurately describe the status of the
            State's authorized program including biennial reports summarizing
            the quantities and types of hazardous waste generated,  transported,
            treated, stored and disposed in the State.

    3.   The State agrees to provide EPA with a copy of each State decision [if
        applicable] regarding variances, waivers, and delisting petitions at the
        time such requests are granted.  [The  Regional Administrator and State
        may negotiate a process for EPA's review of proposed variances, waivers,
        or delisting petitions.  Terms of this agreement should be specified in
        the MQA.] [The Region may also want to insert language setting out a
        process by which the State would submit variance, waiver or delisting
        requests to EPA for review prior to approval.]

    4.   The State agrees to provide EPA a copy of any decisions regarding
        requests made by hazardous waste handlers to change their classification
        (e.g., requests to be deleted as generators but to retain their facility
        status) and facility requests to make on-site changes prior to permit
        issuance (e.g., requests to handle additional wastes not identified on
        the facility's original notification and RCRft. Part A Permit Application.)

    5.   The State agrees to provide EPA with copies of reports on data resulting
        from any compliance inspection and subsequent enforcement actions, when
        EPA requests such copies.

    6.   The State agrees to provide any pertinent information requested by the
        Regional Administrator or his designeee within a mutually agreed upon
        time frame, as necessary for EPA to carry out its oversight responsibil-
        ities.  Unless otherwise agreed upon, the above information shall be
        sent to [insert name and address].

D.  Site Visits

    EPA is responsible for maintaining reliable national data on hazardous
    waste management.  This data is used to report to the President and
    Congress on the achievements of the hazardous waste program and to
    support EPA's regulatory development efforts.  Whenever EPA determines
    that it needs to obtain certain information, EPA will first seek to gain
    this information from the State.  The State agrees to supply the Regional
    Administrator with this information if readily available and as resources
    allow.  If the State is unable to provide the information or if it is
    necessary to supplement the State information, EPA may conduct a special
    survey or perform information collection site visits after notifying the
    State.  EPA will share with the State any national reports developed by
    EPA as a result of such information collection.


                                     3.4-8

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E.  Emergency Situations

    Upon receipt of any information that the handling, storage, treatment,
    transportation, or disposal of hazardous waste is endangering human health
    or the environment, the party in receipt of such information shall immediately
    notify by telephone the other party(ies) to this Agreement of the existence
    of such situation.  [Include details here for information sharing, names
    and titles of individuals,  telephone numbers, etc.]

F.  Confidentiality

    1.  Any information obtained or used in the administration of the State
        program shall be available to EEA  upon request without restriction.
        If the information has been submitted to the State under a claim of
        confidentiality, the State must submit that claim to EPA when providing
        information.  Any information obtained from a State and subject to a
        claim of confidentiality will be treated in accordance with the
        regulations in 40 CFR Part 2.

    2.  EPA agrees to furnish to the State information in its files which is
        not submitted under a claim of confidentiality and which the State
        needs to implement its program.  Subject to the conditions in 40 CFR
        Part 2, EPA will furnish the State information submitted to EPA under
        a claim of confidentiality which the State needs to implement its
        program.  All information EPA agrees to transfer to the State will be
        transferred in accordance with the requirements of 40 CFR Part 2.  EPA
        will notify affected facilities when such information is sent to the
        State.

V.  PERMIT ISSUANCE

A.  EPA Permitting

    Upon authorization of the State program EPA will suspend issuance of
    Federal permits for hazardous waste treatment, storage, and disposal
    facilities for which the State is receiving authorization.   [Each Region
    should try to  make special arrangements with the State for the State to
    assume responsibility for issuing particular permits EPA has been working
    on.  The State will need specific authority to assume responsibility in the
    midst of the process, unless the proceedings have been joint, with both
    the same Federal and State administrative procedures followed up to the
    time the State assumes full responsibility.]

    Whenever EPA adds permitting standards for processes not currently covered
    by Federal regulations, EPA will process and enforce RCRA permits in the
    State in the new areas until the State receives final authorization for
    them.  At the time the State program is approved in the new areas, EPA will
    suspend issuance of Federal permits in the State.  EPA will also transfer
    any pending permit applications, completed permits or pertinent file infor-
    mation to the State within thirty days of the approval of the State program
    in conformance with the conditions of this agreement.

    The State and EPA have agreed to a joint permitting process (see section
    of this Agreement) for the joint processing and enforcement of permits for
    those provisions of the HSV&. for which the State does not have authorization.
                                     3.4-9

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    As the State receives authorization for additional provisions of the HSMA,
    EPA will suspend issuance of Federal permits in the State for those provisionsJ

B.  EPA Overview of State Permits

    While EPA may comment on any permit application or draft permit, EPA's overview
    function will focus primarily on those facilities identified by the State and
    EPA in the State's Multi-Year Permit Strategy/ Annual State Grant Work Program
    and the State's Program Description.

    EPA may comment in writing on any draft permit or proposed permit modification,
    whether or not EPA commented on the permit application, within forty-five
    days of its receipt.  [EPA should be allowed at least as long to comment as
    the public at large; this time period should be tied to each State's public
    participation process.]   Where EPA indicates in a comment that issuance,
    modification, reissuance, termination or denial of the permit would be incon-
    sistent with the approved State program, EPA shall include in the comment:

    (a)  a statement of the reasons for the comment (including the section of
         the State law or regulations that support the comment), and

    (b)  the actions that should be taken by the State in order to address the
         comments (including the conditions which the permit would include if
         it were issued by EPA.)

    EPA shall send a copy of its written comments to the permit applicant.

    EPA shall withdraw such comments when satisfied that the State has met or
    refuted its concerns and shall also provide the permit applicant with a
    copy of such withdrawal.

    [Insert here any agreement the Region makes with the State regarding
    resolution of EPA comments on draft permits before final permit issuance
    by the State, e.g., the State and the RA agree to meet or confer whenever
    necessary to resolve a disagreement between their staffs on the terms of
    any RCRA permit to be issued by the State.  The Region may want to add a
    specific time limit within which the State and RA will meet.]

    Under Section 3008(a)(3) of RCRA, EPA may terminate a State-issued permit
    in accordance with the procedures of Part 124, Subpart E, or bring an
    enforcement action in accordance with the procedures of 40 CFR Part 22 in
    the case of a violation of a State program requirement.  In exercising
    these authorities, EPA will observe the conditions established in 40 CFR
    271.19(e).

C.  State Permitting

    The State is responsible for expeditiously drafting, circulating for public
    review and comment, issuing, modifying, reissuing and terminating RCRA
    permits for those hazardous waste treatment, storage and disposal facilities
    contained in the authorized provisions of the State's program and shall do
    so in a manner consistent with RCRA as amended by the HSWA, with this Agree-
    ment, with all applicable Federal requirements, and with the State's Program
                                     3.4-10

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    Description.   [Insert here any agreement the State makes regarding (1)- its
    assumption of permit issuance in ongoing EPA permit proceedings and (2) its
    enforcement/  adoption or reissuance of EPA-issued RCRA permits or portions
    of permits.  Note that the State must have specific authority to either
    assume administration and enforcement of EPA-issued permits or portions of
    permits or to adopt them as State permits; otherwise/ the State must reissue
    the permits as State RCRA permits.] The State agrees to issue, modify and
    reissue all permits contained in the authorized portions of the State's
    program in accordance with [insert citation to relevant State procedural
    environmental statutes and regulations and administrative procedures act
    and regulations]  and to include as permit conditions all applicable
    provisions of [insert citation to relevant State environmental regulations].
    This agreement also applies to permits issued after final authorization
    but for which the processing  may have begun before final authorization.

    [Insert here any  agreement the State makes that is necessary to carry out
    the permitting procedures analogous to those at 40 CFR Parts 270 and 124.
    See page 1.3-8 for discussion.]

    [Insert here any  agreement the State makes regarding its use of any variance
    or waiver authority.  See page 1.3-9 for discussion.]

    The State agrees  that any compliance schedules contained in permits it issues
    will require compliance with  applicable standards as soon as possible.  [Insert
    here any agreement the State  makes regarding interim dates, reporting for such
    permittees, etc.]

    The State agrees  to consider  all comments EPA makes on permit applications
    and draft permits.  The State will satisfy or refute EPA's concerns on a
    particular permit application, proposed permit modification, or draft permit
    in writing before issuing the permit or making the modification.

D.  Joint Permitting  Process

    Pursuant to 3006  (g)(l), and  in accordance with the Hazardous and Solid
    Waste Amendments  of 1984 (HSWA), EPA has the authority to issue or deny
    permits or those  portions of  permits to facilities in [Name of State]  for
    the requirements  and prohibitions in or stemming from the the HSWA until
    the State's program is amended to reflect those requirements and
    prohibitions and  authorization is received for the portion or portions of
    the program.

    EPA and [Name of  State] hereby establish this joint permitting process for
    the issuance of RCRA permits  in [Name of State].  This joint permitting
    process is established in accordance with Section 3006(c)(3) of RCRA.   The
    details of the joint permitting process shall be incorporated into the Annual
    State Grant Work  Program.  The duties and responsibilities of EPA and the State
    for joint permitting shall also be specified in the Annual State Grant Work
    Program.

    The details of the joint permitting process as contained in the State Grant
    Work Program shall be reviewed and revised as often as necessary, but no
    less often than annually to assure its continued appropriateness.
                                     3.4-11

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       Upon authorization of the State for any of the provisions of the HSWA, the
       specifics of the Joint Permitting Agreement as set out in the Annual State
       Work Grant Program shall be amended to reflect the authorization.  Amendment
       of this Memorandum of Agreement or the execution of a separate Memorandum
       of Agreement may be required for authorization of any of the provisions of
       the HSMA.

  VI.  PERMIT ADMINISTRATION

   A.  EPA

       [If the State has authority to directly administer permits issued by the
       Federal government, this section may be inapplicable and the Region should
       insert provisions for transferring responsibility for all Federal permits
       to the State.]

       EPA will administer the RCRA permits or portions of permits it has issued
       to facilities in the State until they expire or are terminated.  EPA will
       be responsible for enforcing the terms and conditions of the Federal permits
       while they remain in force.   When the State either incorporates the terms
       and conditions of the Federal permits in State RCRA permits or issues State
       RCRA permits to those facilities, EPA will terminate those permits pursuant
       to 40 CFR Part 270 and rely on the State to enforce those terms and conditions
       subject to the terms of an acceptable State/EPA Enforcement Agreement.  (Note
       that current Part 270 rules only provide for such permit termination if the
       permittee consents.)  [Insert agreement regarding State enforcement of the
       terms of EPA-issued permits or reference to the Joint Permitting Agreement,
       as appropriate.]

   B.  State

       The State agrees to review all hazardous waste permits which were issued
       under State law prior to the effective date of this Agreement and to modify
       or revoke and reissue such permits as necessary to require compliance with
       the amended State Program  [insert citation to relevant State environmental
       statutes and regulations and administrative procedures act and regulations
       eguivalent to the 40 CFR 264 requirements] and  [insert citation to relevant
       State environmental regulations].  The State agrees to modify or revoke and
       reissue these State permits as RCRA permits in accordance with the following
       schedule.   [EPA intends that the schedule in the MCA provide a reasonable
       time period for the review and upgrading of existing State permits, based
       on such factors as the nuirber of State permits and the additional permit
       terms and conditions needed to satisfy the requirements of Part 271.]

VII. COMPLIANCE MONITORING AND ENFORCEMENT

   A.  EPA

       Nothing  in this Agreement shall restrict EPA's right to inspect any
       hazardous waste generator, transporter or facility or bring enforcement
       action against any person believed .to be in violation of the State or
       Federal hazardous waste program or believed to have a release of hazardous
       constituent.  Before conducting an inspection of a generator, transporter
       or facility, the Regional Administrator will normally give the State at

                                        3.4-12

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    least seven days notice of the intent to inspect in accordance with
    40 CFR 271.8(b)(3)(i).  [The"Regional Administrator and State may agree on
    a longer period of  time in order to allow the State opportunity to conduct
    the inspection.]  If the State performs a compliance inspection and submits
    a report and data relevant thereto within that time to EPA, no EPA inspection
    will be made, unless the Regional Administrator deems the State report and
    data to be inadequate.  In case of an imminent hazard to human health and
    the environment, the Regional Administrator may shorten or waive the notice
    period.

    The frequency of EPA oversight and training inspections will be specified
    in the annual State Grant Work Program.  EPA will negotiate on an annual
    basis with the State the percentage of the State's compliance inspections
    on which EPA will accompany the State.

    The EPA may take enforcement action against any person determined to be in
    violation of RCRA in accordance with Section 3008(a)(2).  EPA will take
    enforcement action  upon determining that the State has not taken timely
    and appropriate enforcement action or upon request by the State.  Prior to
    issuing a compliance order under Section 3008(a) EPA will give notice to
    the State.  EPA also retains its rights to issue orders and bring actions
    under Sections 3008(h), 3013 and 7003 of RCRA and any other applicable
    Federal statute.

    After notice to the State, EPA may take action under Section 3008 of RCRA
    against a holder of a State-issued permit on the grounds that the permittee
    is not complying with a condition of that permit.  In addition, EPA may
    take action under Section 3008 of RCRA against a holder of a State-issued
    permit on the grounds that the permittee is not complying with a condition
    that the Regional Administrator, in commenting on that permit application
    or draft permit, stated was necessary to implement approved State program
    requirements, whether or not that condition was included in the final permit.
B.  State
    The State agrees to carry out a timely and effective program for monitoring
    the compliance by generators, transporters, and facilities with applicable
    program requirements (see 40 CFR 271.15).  As part of this program, the
    State will conduct compliance inspections to assess compliance with
    generator and transporter standards (including manifest requirements),
    facility  standards,  permit  requirements,  compliance schedules,  and
    all other program requirements.  Compliance monitoring activities and
    priorities will be specified in the State/EPA Enforcement Agreement and
    the annual State Grant Work Program and shall be consistent with all
    applicable Federal requirements and with the State's Program Description.

    [Insert any agreement the Region makes with the State regarding inspec-
    tions at EPA-permitted facilities.   Individuals in the State program may
    be designated as EPA representatives under Section 3007 of RCRA so that
    they can inspect the facilities for violations of the terms and conditions
    of the Federal permits.]

    [Insert any agreement for EPA and/or State inspections of Federal Facilities.]
                                     3.4-13

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       The State agrees to' take timely and appropriate enforcement action as defined
       in the State/EPA Enforcement Agreement against all persons in violation of
       generator and transporter standards (including manifest requirements), facility^
       standards, permit requirements, compliance schedules,  and all other program
       requirements, including violations detected by State or Federal compliance
       inspections.  The State will maintain procedures for receiving and ensuring
       proper consideration of information about violations submitted by the public.
       The State agrees to retain all records for at least three years unless there
       is an enforcement action pending.   In that case all records will be retained
       until such action is resolved.

VIII. AVAILABILITY OF INFORMATION (§3006(f))

   A.  General

       Section 3006(f)  of the HSWA provides that States may be authorized by the
       Administrator under this section if the State program provides for the
       public availability of information obtained by the State regarding facilities
       and sites for treatment, storage and disposal of hazardous waste; and that
       such "information is available to the public in substantially the same
       manner, and to the same degree, as would be the case if the Administrator
       was carrying out the provisions of this subtitle in the State.

   B.  Requests for Information

       1.  Pursuant to the Federal Freedom of Information Act (FOIA), 5 U.S.C.
           552(a)(2), the State agrees to make certain materials will be routinely
           available without a formal FOIA request.  Examples of these materials
           are final opinions or orders in case adjudications, State regulations,
           statements of Agency policy, and administrative staff manuals affecting
           the public.   In addition, records prepared for routine public distribution
           will also be made available.  Examples of such records are press releases,
           copies of speeches, pamphlets, and educational materials.

       2.  The State Agency agrees to make reasonable efforts to assist a requestor
           in identifying records being sought, and helping the requestor formulate
           his or her request.

       3.  If a request for information is denied, the state agrees to provide
           the requestor the basis for the denial and notified of State judicial
           (or, if they exist, administrative) procedures, including statutes of
           limitation.

       4.   [The following shall be included if the State charges a fee to provide

           copies of information:]  A reduction or waiver of fees will be considered
           in connection with each request from a representative of the press or other
           communication medium, or from a public interest group.  The State agrees to
           reduce or waive the fee if it determines that a reduction or waiver of
           the fee is in the public interest because furnishing the information
           can be considered as primarily benefitting the general public.

       5.  The State agrees to make the fullest possible disclosure of records
           to the public, subject to any of the exemptions under the Federal
           FOIA recognized by the State.


                                        3.4-14

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    Confidentiality of Business Information

    If a claim of confidentiality is asserted and cannot be resolved in the "
    time period provided for an aqency response to a request/  the State agrees
    to notify the requestor of  the confidentiality claim within the maximum
    20-day time limit provided  for an agency response.   In addition, the
    requestor will be told that the request was denied  in order to resolve
    the business confidentiality claim.

D.  Oversight

    1.  The State agrees to keep a log of denials of requests  for information
        (or a file containing copies of denial letters  sent to requestors)
        which will be made available to EPA during the  State review.

    2.  The State agrees to keep EPA fully informed of  any proposed modifications
        to its basic statutory  or regulatory authority, its forms, procedures,
        or priorities, as applied to Section 3006(f).
    STATE OF	    U.S.  ENVIRONMENTAL PROTECTION AGENCY

    AGENCY                                  REGION
    BY:                                      BY:
    DATE:                                    DATE:
                                   3.4-15

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                                          OSWER DIRECTIVE #9540.00-9
                           CHAPTER 3.5

              STATUTORY AUTHORITY CHECKLIST FOR THE
         HAZARDOUS AND SOILD WASTE ACT AMENDMENTS OF 1984


Introduction

     As a result of the Hazardous and Solid Waste Amendments of 1984,
Pub, L. 98-618 (Nov. 8, 1984) [HSWA]  amending the Resource Conservation
and. Recovery Act, 4_2 U.S.C. §6901 et. seq., all authorized States and
all States seeking authorization will need to revise their programs
to reflect the HSWA.  The checklist which follows is provided to
guide attorneys and others in assessing which changes to the Subtitle C
RCRA program may necessitate new State legislation.

     States will be able to adopt analogues to many HSWA provisions
and subsequent EPA implementing regulations simply by making regulatory
changes.  For instance, while the HSWA requires EPA to list specified
wates, any State with interim or final authorization should already.
have the statutory authority to list additional wastes.  Similarly,
any finally authorized State should already have adequate statutory
authority to require double liners for landfills since, to receive
final authorization, a State must be able to establish permit
requirements for landfills.  Thus, we have not included such HSWA
provisions in the statutory checklist.

     Other provisions are very likely to require State statutory
amendernents, such as the HSWA requirement that corrective action
for all releases at a facility must be included as a requirement in
a RCRA permit, regardless of when the waste was placed in the solid
waste mangement unit.  All such provisions are included in the
checklist.  However, inclusion of a provision on this checklist does
not mean that EPA has concluded that all States, or any particular
State will need to amend their statutes.  States should carefully
review all their existing statutory and regulatory authority before
deciding whether statutory or regulatory changes are necessary as a
result of the HSWA.

     There are some HSWA provisions which we doubt will require
legislative amendments but which we have included in the checklist
out of an abundance of caution.   The main example of this is the
prohibition on the land disposal of various hazardous wastes.  While
we believe any State with authority to regulate land disposal would
probably have the authority to prohibit land disposal of particular
wastes, we have included provisions like these on the checklist as
possibly requiring legislative amendments.  another example is the
requirement that a State have authority to prohibit the storage of
waste prohibited from land disposal.

     Other provisions are marked "optional."  These are cases where
the HSWA is less stringent than pre-existing law or where variances
and exemptions may be granted.  If a State wishes to maintain a more
stringent program, as is authorized by Section 3009, it need not
adopt the optional provisions.
                              3.5-1

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     A few provisions are marked "potential requirements." Depending
on future EPA action, a State may or may not need to adopt similar
authority in the future.   States are not required to seek authority
for these provisions now; however,  if a State wishes to minimize
the likelihood that it will wish to consider seeking authority for
the potential requirements now.   The major provisions in this area
concern EPA's enhanced enforcement authority under Section 3008.
We have not listed each change to Section 3008;  States wishing to
strengthen their enforcement authority in a similar fashion should
review Secti'on 232 and 233 of the HSWA amending  Section 3008.  Before
States would be required to amend their enforcement authority, EPA
would need to amend the State authorization enforcement requirements
in 40 CFR §271.16.

     Unless otherwise indicated, States must have authority to
implement every mandatory requirement on the checklist.  To receive
final authorization for the requirement, the State's authority must
be equivalent to, and no less stringent than, EPA's authority.  To
receive interim authorization under Section 3006(g) is only temporary,
we strongly encourage any State  needing to amend its statute to seek
"equivalent" authority.  By doing so, the State  will not need to
amend its statute twice.

     Not all the mandatory requirements on the checklist must be
adopted immediately.  40 CFR §271.21(e) establishes the time frame
for making statutory and regulatory changes; the deadlines vary
depending on the provision.  Since the purpose of this checklist
is to identify all possible statutory changes so that States may
develop one legislative package  to present to their legislatures,
the checklist does not differencetiate among the different time
deadlines.

     We strongly recommend that  persons using this checklist
familiarize themselves with the  pertinent RCRA provisions.  The
checklist is an important evaluation tool but it is not a sub-
stitute for the statute.   Further, we add the cautionary note that
because of the number of regulations EPA will be adopting in the
coming years, we cannot provide  any guarantee that a State which
has relied on this checklist may not need to obtain new statutory
authoprity at some time.   We have tried to minimize that possibility
in preparing this checklist but  we cannot rule it out.  Additionally,
this checklist does not address  non-Subtitle C requirements  (such
as Title VI requirements on underground storage tanks).
                               3.5-2

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-------

         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                     WASHINGTON, D.C. 20460
                                                      OFFICE OF
                  nCP   A IQQC:                 SOLID WASTE AND EMERGENCY RESPONSE
                  Utu   *4 Ic/OD

MEMORANDUM

          HSWA—Authorj_z.at ion issues

          Truett V. DeGeareT Jr., Chief
          State Programs Branch  (WH-563-B)

          Gail Cooper, Attorney /'V'~  ^ k ^|"
          Office of General Counsel"'  (LE-132-S)
                                 /
TO:       RCRA Branch Chiefs, Regions  I-X
          RCRA Attorneys, Regions I-X


     We have reviewed various State HSWA statutory  checklists
and the first formal application for authorization  for the
1984 amendments.  In these reviews a number  of questions
arose regarding interpretations of HSWA provisions  and what
is required for authorization.  We concluded further  guidance
was advisable on the sections listed below.   We recommend
that you provide copies of this memorandum to any State  for
which you have already sent HSWA statutory review comments.

     There has also been some confusion about the amendments
for which States may currently seek authorization.   Attached
is the revised draft model Attorney General's statement  which
discusses this subject; this draft should be made available to
any State planning to apply for authorization for the amend-
ments in the near future.  The previous draft dated  6/14/85
should not be used.  Please make clear, however, that the
second draft is still undergoing revision.   While the
introduction is expected generally to  remain the same, the
model statement itself will be considerably  expanded.  Many
citations also need to be added.

Section 3004(t) - Direct Action (Statutory Checklist  Item 17)

     There has been some confusion about the meaning  of
Section 3004(t) and the demonstration  States must make to
establish equivalency to it.  Section  3004(t) does  not
address the ability of EPA or the States to  take direct
action against guarantors of closure and post-closure care.
The financial instruments required by  EPA and authorized
States pursuant to 40 CFR §§264.143, 264.145, 265.143,
265.145 and State law already allow EPA and  authorized

-------
States to direct the expenditure of closure and post-closure care
funds by guarantors where the owner/operator is insolvent or
unavailable.

     Section 3004(t) does address liability for injuries to persons
and property.  EPA's pre-HSWA regulations established liability
requirements for personal and property injuries (40 CFP §§264.147,
265.147), but did not provide for direct action against insurers
where the owner/operator was insolvent or unavailable.  Section
3004(t) specifically allows third parties to bring direct actions
in those circumstances.  In addition, Section 3004(t) allows
State and Federal governmental units to bring direct actions for
injury to government property.

     The preamble to the final codification rule discussed this
issue and also explained that EPA interpreted Section 3004(t) as
applying only to liability insurers, not all guarantors
(50 FR 28734).  Therefore, to obtain authorization, a State must
allow persons suffering personal or property injuries from a
hazardous waste facility to bring a direct action against an
insurer where the owner/operator is in bankruptcy, reorganiza-
tion or arrangement pursuant to the Federal Bankruptcy Code or
where judicial jurisdiction cannot be obtained over an owner or
operator likely to be insolvent at the time of judgment.  While
not required for authorization, States may provide for direct
action against all guarantors, rather than only insurers.

Section 3004(w) - Underground Tanks (Statutory Checklist Item 20)

     Section 3004(w) requires the Administrator to modify the
Subtitle C standards for underground hazardous waste tanks that
cannot be entered for inspection if modification is necessary
to cover the minimum standards promulgated under Section 9003 of
Subtitle I for underground storage tanks containing "regulated
substances".  There has been a misimpression that this means
that authority to promulgate Subtitle I Section 9003 require- '
ments has become a Subtitle C authorization requirement.  That
interpretation is erroneous.

     To satisfy §3004(w), State requirements for hazardous waste
tanks must contain all requirements and standards described in
Section 9003 (such as leak detection).  However, Section 3004(w)
does not require the State to regulate tanks that would other-
wise not be subject to Subtitle C (i.e., tanks subject to
Subtitle I).

     It is unlikely States would need added statutory authority
to satisfy §3004(w) since their existing authority to regulate
hazardous waste should be sufficient to cover any requirements
or standards described in Section 9003.  States would only need
additional regulatory authorities if the following actions were
to occur:   (1) §9003 regulations are promulgated; (2) the §3004
requirements do not address all the requirements in the §9003

-------
rules (unlikely since the hazardous waste tank standards proposed
on June 26, 1985, address each type of requirement and standard
described in §9003); and (3) the §3004 rules are subsequently
amended to address the additional §9003 requirements.

Section 3005(a) - TSCA Exemption (Statutory Checklist Item 21)

     A number of States have misinterpreted §3005(a).  Section
3005(a) means that an owner or operator of a TSCA facility is not
precluded from obtaining a RCRA permit solely because he failed to
obtain a RCRA permit prior to construction of that facility.
States need not provide for this exemption as a requirement of
authorization.  However, in order to provide for this exemption
State statutes which require a hazardous waste permit prior to
construction will have to be amended.

Section 3005(e) - Termination of Interim Status (Statutory
Checklist Item 24)
                                                                 »
     Interim status terminated on November 8, 1985, for any
facility which failed to submit a Part B application and to
certify compliance with all applicable ground-water monitoring
and financial responsibility requirements.  States now applying
for final authorization for §3005(e) should provide that '
interim status under State law has similarly terminated (as of
the effective date of the State requirement).  This will ensure
that State law is not inconsistent with Federal law.

Section 3006(f) - Availability of Information (Statutory Checklist
Item 32)

     For clarification, refer to the draft memorandum entitled
"Effect on State Authorization of HSWA §3006(f) Availability of
Information".  This was issued on November 7 as OSW Directive
X9354.1.  A final memorandum will be issued in December after
we review the comments received on the draft.

Attachment

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                                      OSWER  DIRECTIVE #9540.00-9
                              APPENDIX  A
                STATE  REGULATORY  PROGRAM  CHECKLIST


     The checklists in this  Appendix  are  intended  to assist the
Attorney General and/or the  State  program office in demonstrating
that the State qualifies  for authorization.   The checklists are
divided into two major sections of this  Appendix  1) checklists
for the RCRA base program as of January  26.  1983-  and 2) the
revisions to the RCRA  program after  January  26,  1933 (including
HSWA).  The following  discussion  describes  the  use of these
different checklists.
     The instructions  for completing  these  checklists can be found
on page 2 . 3 ~ 4 .  State  programs  must have  legal  authority to implement
each non-optional item on the checklist.   Legal  authority means
that the State analogue to the  Federal .requirement must be reflected
in a State  law. regulation, published opinion  of the  Attorney
General or other document with  the  force  of law.

     Some of the checklist provisions a re- accompanied by a symbo.l
that demotes a spec-ial requirement:

     * - procedural requirement
     t - optional requirements

The significance of these symbols  is  discussed  below.
     State permitting programs must  be  administered  in accordance
with the applicable requirements  of  140  CFR  Parts  124  and 270  as
identified in the checklists.  In  most  instances  this means that
the State requirement must be reflected  explicitly in a State
regulation.  (Some S t a t ° statutes  may contain  such explicit require
ments.  which would also be acceptable.)   However,  for some of the
primarily procedural requirements  on the  checklist (identified by
asterisks)  the State may be able  to commit  in  the MOA , rather
than provide an explicit regulation, to  satisfy the  requirement of
271.14.  Such an agreement will be acceptable  where  the State
agency is willing to bind itself  to  a particular  procedure (e.g.,
providing a 45-day, rather than 30-day,  public  comment period) in
the MOA and where the State Attorney General  certifies that (1) the
State has the authority to enter  into the  Agreement.  (2) the State
has the authority to carry out the Agreement,  and  (3) no applicable
State statute (including the State administrative  procedure act)
requires that the procedure be promulgated  as  a rule  in order to
be binding.  For further discussion, see  page  1.3-8.
                                A-l

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2.   Optional Requirements (t)*

     The State does not need to provide for a counterpart to
these requirements. .These provisions are either:  1) less
stringent than the previous Federal requirement, 2) a reduction
in scope of the Federal program, or 3) clarifications to the
Federal program with no effect on program stringency or scope.
However, where the State does have a similar requirement, it
must be at least as stringent as the Federal one.

Base Program Checklists

     The first eight checklists in this Appendix (pages A-l
to A-71) present the Federal RCRA program revisions in effect
January 26, 1983 that are requirements for State authorization.
The organization of the checklists coincides with the Model
Attorney General's Statement in Chapter 2.4 as listed below:

     Checklist I A   -  Identification and Listing
     Checklist IB   -  Waste Lists
     Checklist 1C   -  Characteristics
     Checklist II    -  Generator Requirements
     Checklist III   -  Transporter Requirements
     Checklist IV A  -  Facility Requirements
     Checklist IV B  -  Facility Interim Status Requirements
     Checklist V     -  Permitting Requirements

     Checklist V, "Permitting Requirements", contains numerous
procedural and optional requirements.  In addition, it should
be noted that the State does not need to use a two part permit
application process.  Also, State regulations need not list all
items in 270.13-29; however, the State must require that permit
applications from new and existing facilities contain adequate
information for the State to establish and determine compliance
with all permitting requirements (the State analogues to 40 CFR
Parts 270 and 264).

Revision Checklists

     Checklists for revisions to the RCRA program that occur
after January 26, 1983 are presented in the second portion of this
Appendix (starting on page A-72).  A State will need to use these
checklists to revise its authorized program or if the State is
initially applying for final authorization after January 28, 1984.
(See Chapters 1.1 and 1.5 for discussion regarding revision and
initial application deadlines.)  The checklists are presented and
numbered in chronological order by date of promulgation.  The
organization of the Revision Checklists coincides with the Model
Attorney General's Statement in Chapter 3.4.
                              A-2

-------
     Table A-l lists the Revision Checklists.  They are generally
listed in chronological order, except that they are grouped into
the following categories:

     0  Non-HSWA requirements prior to Cluster I (January 26,
        1983 - June 30, 1984)

     0  Non-HSWA Cluster I (July 1, 1984 - June 30, 1985)

     0  Non-HSWA Cluster II (July 1, 1985 - June 30, 1986)

     0  Non-HSWA Cluster III  (July 1, 1986 - June 30,  1987)

     0  HSWA Cluster I (November 8, 1984 - June 30, 1987)

The checklists in this Table that are noted with a "t" contain
only optional requirements.  As additional changes to the Federal
program occur, corresponding checklists will be added to this
Appendix.
                                A-2a

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                                  OSWER  DIRECTIVE #9540,

                       Table  A-l

              Recent  Federal  Requirements
               00-9
Revision
Checklist #
1
2
3
4
5
6
t?
t8

tg
10
11
*12
13
15
Federal Requirement
Non-HSWA Requirements
Biennial Report [See Revision
Checklist #30]
Permit Rules - Settlement Agreement
Interim Status Standards -
Applicability [See Revision
Checklist #10J
Chlorinated Aliphatic Hydrocarbon
Listing
National Uniform Manifest [See
Revision Checklists #170 & #32]
Permit Rules - Settlement Agreement
Listing Warfarin \ Zinc Phosphide
Lime Stabilized Pickle Liquor Sludge
Mon-HSWA Cluster I (July 1, 1984 - June
State Availability of Information
[See Appendix D]
Exclusion of Household Waste
Interim Status Standards -
Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Redefinition of Solid Waste
Interim Status Standards for Landfills
HSWA or
FR Reference
43 FR 3977
48 FR 39622
48 FR 52718
49 FR 5313
49 FR 10490
49 FR 17716
49 FR 19922
49 FR 23284.
30, 1985)'
HSWA §3006(f)
149 FR 44930
49 FR 46095
49 FR 47391
49 FR 49571
50 FR 614
50 FR 16044
Promulgation
or HSWA Date
1/28/83
9/1/83
11/22/83
2/10/84
3/20/34
4/24/34
5/10/84
6/5/34
11/3/84
11/13/34
11/21/34
12/4/84
12/20/84
1/4/85
4/23/85
Mon-HSWA Cluster II (July 1,  1985 - June 30, 1986)
Closure,  Post-Closure and Financial
 Responsibility Requirements
51 FR 16422
5/2/86
t optional
                          A-2b

-------
                       Table A-l

              Recent Federal Requirements
Revision
Checklist #
t26
t27
28
29
k
}


14

16
Federal Requirement
HSWA or
FR Reference
Listing of Spent Pickle Liquor 51 FR 19320
Non-HSWA Cluster III (July 1, 1986 - June 30, 1987)
Radioactive Mixed Waste
(See SPA #2)
Liability Coverage - Corporate
Guarantee
Hazardous Waste Tank Systems
Correction to Listing of
Commercial Chemical Products
and Appendix VIII Constituents
[Hazardous Waste Tank Systems;
Correction, See Revision
Checklist #28]
t [Listing of Spent Pickle Liquor;
Correction, See Revision
Checklist #26]
HSWA CLUSTER I (November 8, 1984 - June
HSWA Date of Enactment Provisions
[See Revision Checklist #17]
Direct Action Against Insurers
Dioxin Listing and Management Standards
Fuel Labeling [See #17K]
Paint Filter Test [See Revision
51 FR 24504
51 FR 25350
51 FR 25422
51 FR 28296
51 FR 29430
51 FR 33612
30, 1987)
Numerous
HSWA §3014
50 FR 1978
HSWA§3004(r)(l)
50 FR 18370
Promu lq at io n
or HSWA Date
5/28/86
7/3/86
7/11/86
7/14/86
8/6/86
8/15/86
9/22/86
11/8/84
11/8/84
1/14/85
2/7/85
4/30/85
  Checklist #25]

Prohibition of Liquids in Landfills
  [See #17F]

Expansions During Interim Status -
  Waste Piles [See #17P]

Expansions During Interim Status -
  Landfills and Surface Impoundments
  [See #17P]
HSWA §3004(c)


HSWA §3015(a)


HSWA §3015(b)
5/8/85


5/8/85


5/8/85

-------
Revision
Checklist #

   17
   18

   19



   20

   21

   22

   23

   25

   28


   30

   31
             Table A-l

    Recent Federal Requirements


Federal Requirement	
                                               or
                                          FR Reference
                Promulgation
                or HSV\A Date
HSWA Cod if ication Rule
50 FR 28702
                                               7/15/85
             17A - Small Quantity Generators [Superceded by 51 FR 10174,
                   see Revision Checklist #23]
             17B - Delisting
             17C - Household Waste
             17D - Waste Minimization [See Revision Checklist #32]
             17E - Location Standards for Salt  Domes,
                   Salt Beds, Underground Mines
                     and Caves
             17F - Liquids in Landfills [See Revision Checklist #25]
             17G - Dust Suppression
             17H - Double Liners
             171 - Ground-Water Monitoring
             17J - Cement Kilns
             17K - Fuel Labelirq
             17L - Corrective Action
             17M - Pre-construction Ban
             17N - Permit Life
             170 - Omnibus Provision
             17P - Interim Status
             17Q - Research and Development Permits
             17R - Hazardous Waste Exports [Superceded by 51 FR 28644,
                     See Revision Checklist #31]
             17S - Exposure Information
Listing of TDI, TDA,  DNT

Burning of Waste Fuel and
 Used Oil Fuel in Boilers
  and Industrial Furnaces

Spent Solvents Listing

ED3 Waste Listing

Four Spent Solvents Listing

Small Quantity Generators

Paint Filter Test; Correction

Hazardous Waste Tank Systems
  [See Non-HSWA Cluster III]

Biennial Reports? Correction

Exports of Hazardous Waste
50 FR 42936

50 FR 49164



50 FR 53315

51 FR 5330

51 FR 6541

51 FR 10174

51 FR 19176

51 FR 25422


51 FR 28556

51 FR 28664
                                               10/23/85

                                               11/29/bb



                                               12/31/85

                                               2/13/86

                                               2/25/86

                                               3/24/86

                                               5/28/86

                                               7/14/86


                                               8/8/86

                                               8/8/86
                                      A - 2d

-------
Revision
Checklist #

   32
   33

   34
                       Table A-l

              Recent Federal Requirements


          Federal Requirement	
 HSWA or
 FR Reference
Standards for Generators -
 Waste Minimization Certifications

Listirq of EBDC

Land Disposal Restrictions

[Burning of Waste Fuel and
  Used Oil Fuel in Boilers
  and Industrial Furnaces;
  Technical Corrections,
  See 'Revision-Checklist #19]

[Land Disposal Restrictions;
  Corrections, See Revision
  Checklist #34]
51 FR 35190


51 FR 37725

51 FR 40572

52 FR 11819
                                                      52 FR  21010
Promulqation
or HSWA Date

10/1/86
10/24/86

11/7/86

4/13/87
                6/4/87
                                     A - 2e

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                                                   •OSWER  DIRECTIVE  #9540.00-9
                                     CHECKLIST I A




                               IDENTIFICATION AND LISTING
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                                 SUBPART A - GENERAL
DEFINITION OF SOLID WASTE
solid waste
waste material
discarded
disposed of
manufacturing or
mining byproduct
261. 2(a)
261. 2(b)
261. 2(c)
261. 2(d)
261.2(e)









•
DEFINITION OF HAZARDOUS WASTE
ipot excluded by 261. 4(b)
Inas characteristic
of Subpart C
listed 1n Subpart D
mixture
exceptions
meets listing
description
hazardous waste added
exhibits characteristics
remains hazardous waste
generated from treatment
waste not exhibiting
characteristics
excluded under 260.20
and 260.22
261.3{a)(l)
(1)
261.3(a)(2)
(11)
261.3(a)I2)
(111)
261.3(a)(2)
261.3(a)(2)
261.3(b)(l)
261.3(b)(2)
261.3(b)(3)
261.3(c)(l)
261.3(c)(2)
261.3(d)(l)
261.3(d)(2)






.

















EXCLUSIONS
not solid waste
domestic sewage
261. 4(a)
(D
261.4(a)(l)




                                      A-3

-------
                               CHECKLIST  I  A  (continued)
FEDERAL REQUIREMENT
mixture
Industrial wastewater
Irrigation return
nuclear material
1n-s1tu mining
solid waste which are
not hazardous wastes
household waste
returned to soil
as fertilizers
mining overburden
ash waste
drilling fluids

ore processing
cement kiln
discarded wood
exempt hazardous waste
samples
RCRA CITE
(11)
261.4(a)(l)
261.4(a)(2)
261.4(a)(3)
261.4(a)(4)
261.4(a)(5)
261. 4(b)
261.4(b)(l)
261.4(b)(2)
261.4(b)(3)
261.4(b)(4)
261.4(b)(5)
261.4(b)(6)
261.4(b)(7)
261.4(b)(8)
261.4(b)(9)
261. 4(c)
261. 4(d)
STATE AUTHORITY
STATUTE REGULATION

















IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN







.









SPECIAL REQUIREMENTS FOR HAZARDOUS  WASTE  GENERATED BY SMALL QUANTITY  GENERATORS
definition
exceptions
recycled waste
quantity exclusions
acutely hazardous
accumulation on-s1te
261. 5(a)
261. 5(b)
261. 5(c)
261. 5(d)
261. 5(e)
261. 5(f)












                                       A-4

-------
                               CHECKLIST I A (continued)
FEDERAL REQUIREMENT
generator requirements
1n order to have
waste excluded
comply with 262.11
storage
treatment or disposal
mixing with non-
hazardous waste
mixing with a solid
waste
RCRA CITE
261. 5(q)
261.5(q)(l)
261.5(q)(2)
261.5(g)(3)
261. 5(h)
261.5(1)
STATE AUTHORITY
STATUTE REGULATION






IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN






SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE WHICH IS USED.  RE-USED,  RECYCLED OR RECLAIMED
exemption from
requlatlons
beneficially used
accumulated for use
specific materials
transportation and
storage requirements
for waste listed 1n
Subpart 0
261. 6(a)
261.6(a)(l)
261.6(a)(2)
261.6(a)(3)
261. 6(b)





*




RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
waste remaining 1n
container
container not empty
definition of empty
definition of empty
compressed gas
waste under 261.33(c) ,
261.7(a)(l)
261.7(a)(2)
261.7(b)(l)
261.7(b)(2)
261.7(b)(3)










                                       A-5

-------
                                                                                           *  OSWER   DIRECTIVE  #95^0.00-9
                                                              CHECKLIST   I   B

                                                               WASTE   LISTS
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                                          SUBPART  D  -  LIST  OF  HAZARDOUS WASTES
GENERAL
exclusions
hazard codes
hazardous waste number
261.30(a)
261.30(b)
261.30(c)






HAZARDOUS  WASTES  FROM  NONSPECIFIC  SOURCES
11st
of
11 rll
wastes
261.
31

•
 § 261.31  Hazardous watt* from nonspecific sources.
        indu«ry and EPA
      rtuaroout «««c« NO
                                               HuardOU* walla
 Ganawc
    FOOl

    F002


    F003

    FOCM

    FOOS

    foot


    fO\9
    POO?

    foot

    F009

    F010

    fOII

    foil
 Tha lo*o»«ig tpani haiooanaiad ng tpanl halooanalad «o»v«K>a latrachioroainytana. m«mytana cMonda. »xf*)rc««mytana. I.I I-mcMoioamana
  i I 2-inchtoro-1 2.2-MVaroamana. ontxMtcniorobaniana  and inchiororluaramainana. ana ma tM bottomt Irom ma


  alcohol, cycionaianona  and mainanoi. and rna UK bonomt irom ma racovary o( m«M tor«anit
 Tha fo»o«ng tpam r«xwhaioaanaiad toivanit cra*OM and ornyhc aod. and mvobanMna. and ma tMI bonomt horn m* i
  tatwnti
 Tha loHonung toant non-naioganaiad toivamt lomana. mamyi atnyl katona. i
  irom ma raccxar; ol Vwta toNantt
 WatiawaMr taalmart tfudgai r/om aiaciiopiaung ooarabont a.caot Irom ma lo*o~ng procauat  (.) tjrunc taa anodumg ol alumnum
  (2) «n piaong  on caroon «a« (3) me plating (tagragatad bawl on carbon na«. (4) akimnjm or tnc-amrrwun piabng on carbon II*M
  (5) daanng/Hnnping astociaiad "«h tn. me and aluminum piawig on carbon twai. and («) ctwmcal alcnmg and m*ng ol aJummxn

 Soant cyanda plamg bam tolutont Irom alactroplabng ooarahom (wcatx tor praaoua maun alacvoplatng ipan cyanda plan bam
  •olubonf)
 PUtng bam uudgai rrom  ma bottom of plating balm Irom atacl/ocxamg oparauna «nara cyawta* ara uaad n ma  pracau laieaol ror
  praooua maud alacvaplakng ptatng bam tkjdga*)
           L*"^0"*""* ^^ ****** *om aiacuoptasng ooarahona «nara cyandn ara uaad « Ina pracau (aicapt lor praooua
           nplahng ipam Xnppng and claanng bam aokMona)
Ouanc»»ng bam Uudga Irom a«i
  cyan«>a v*ut>on» irom un bath pot ci«n«g)                                                                ' ^^
Ouanefwg mimiar iraatmam Uudoaa irom maul Naal vaabng ooarabona wftara cyanda. ara uaad «i ma procaw (auacx lor praooua
  ma(al< haal Iraalmg quancnmg watlawalar traaimanl iluoga*)
 Hazard cooa


 m
 m
(I I

m


m
<« T)

(R T)

(R T)

(R n

(R T)
(46 FR 4617. |an. 16. 1981, 35 amended al 46 FR 27477. May 20. 19811
                                                                 A-6

-------
                               CHECKLIST  I  B  (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
HAZARDOUS WASTES FROM SPECIFIC SOURCES
11st of "K"
wastes 261.32

§ 261.32 Hazardous waste from sp«cl(lc sources.
mourn and EPA
hazardous •rule NO
Wood Pr»serva«on:
ICOOt
InOf^aVVC IT0iTOB>fl(S.
«X» 	
K003 	
K004 	
KOOS 	
KQtM 	
K007 .._ 	
K00» 	
Organe Oemcals.
KOOS
K010 . . .
K011 .
KOI 3
K.OU
KOI 5
K016
KOI 7
KOI 8
K019
K020
K021
KOZ;
Kon
K024
K093 .
K0*»
K0«
KOM
K027
S02t
K029
KOK . ..
KO96 	
K030... 	
KOS3
K103
K104 	
KOtS 	
K10S 	
morgarac Chemeats
K071
K073
K106
Pestodei
K03I
K032
K033
K034
K097
K03S
K03«
K037
K038
KQ39
K040
K041
KOM
K04J
K043
KO99
Hazardous w««l«
Huard coda






. Waslewater treatment sludge (torn the production o) ron blue p^ments
Own rai»dua Com n» production o< cXrorn* ond* gr*«n p^tncntt
OnWaWn boflomt (nxn th« production o< »o*u>ldeftr « in* production tX tcrylonitnM...
Ooflum ctrsAfn Irom ttic ftcvtorvtntc coMjiTin tn v*9 ^wiM^jctiu'i of ftcr^onrtrM 	
SM bottoms from tot dtotAction o^ bcn^^ cf^or^a . 	 ...
Heavy and* or dt»Ma«on mdum Irom tha production o< careon tatracMonda .. .
Heavy and! (sM bonoma) trom the purification column in ma production o< apicrituioriydnn
Haavy and* from tha (racnonaton column « atnyl cNonda production
aavy v atnv «i atnytana *t pfoducuon

OnbMtnn bottom tan from (ha producton of pnanof/acaton* from cumana
OtMaoon tgnt and* trom Via producnon of pntftaK anhvanda from napntttalena
OiBMoon tonorm from ma production of primate annydma from rtapnmaWn*
OiMAatton ^QtK anda from ffia ^uOiAiiiuii of pritnaK ann^pdnda trom ortrt^iyivrte
OnMaaon bottoms from the piuOuDun of pntnafc anrivdnda Irom uiiioryiane
Omaiaaon bonmn» from tna producum of nrtrooaniana by ma miration of bantana
Stnpptf^Q tM tads from o^a pmUuLinjit of mattif atnyl pynAnaa
Soam outyH Hem ma nyUiuciauniaier macior *\ ma oroducaon of l.t.l-tncMoroafriana






DiiMaiuii or frackonaton oofumn bofloma tfont tna produelKMi of cnforobanjanaa


Wastamiar traatmam Hudoa trom tha marcury oat procata x cKomia produckon
By-proouct um oanaratad n tna producton of US"* and cacodyhc aod
Waitaaalar »aatmant Hudoa trom ma produc«on of cntordana
wastewaier and scrub wvtar from ma cntonnation of cyciopanudwria «> tha producw of chic
UMM am ina *w>n 01 rwnacr^^ocvcKfi^^^acsana projue ton or cruo^fu/^a

SM bocmra from tomana radamanon driMatmn « ma p>oduct ma producton
Unveated oastawater trom tna producton of 1 '-0
(T)
m
fT)
I and hydrated) 	 (T)
	 (T)
	 ... m
. . 	 rn •
(T)
	 (« T)
IB n
(T)
m
	 m
	 . - m
	 m
(T)
(T)
m
m
(T)
(T|
m
m
rn
(T)
|H T)
. .. (T)
.... (T)
m
	 (T)
. . (T)
rn
m
(T)
•nienea, 	 .... m
prapunfced bnna • no« uaed (T)
graerxe arodei n chtonna producton (T)
m
m
m
irdana fT)
(T)
rn
m
m
m
(T)
m
m
m
m
Of 2.4 5-T (T)
m
m
                                       A-7

-------
                                                     CHECKLIST   I   8  (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
HAZARDOUS  WASTES  FROM  SPECIFIC  SOURCES
 11st  of  "K"  wastes
               261.32  (contlnued)
       industry and EPA
      hazardous waste No
                                                                                                                                         Muard coo*
Eipios>v«s
    K044
    KO4S
    KO46
    K047
Petroleum Refnng
    K048
    K049
    KOSO
    K051
    KOS?
iron and Steel
    K061
    K06?
Secondary Lead
    K069
    K100
veterinary Pnarmaceuiicali
    K084
    KlOl
ink Formulation
   KOM
   K060
   KM 7
Waslewaler ••eatmenl i
Spent carbon from me treatment o< wastewater coniamng evxonvea
WatlawaMr inMinwni tludoM Irom ON* manutacuxg. tormuiabon and to^kng o< i*ad-«aMd CTMIT^ corroound*
Pm*/c»d water Irom TP4T operator*

Dia«o*>i»d ar douoon (OAF) float from in* petroleum nmnq ndutlry
Hea.1 ncftanger bm*e'd««mng Uudge Irom the pMroMum retraig ntmtry
API separator (Judge *rom ff>e petroleum refcnmg nduilry
Tank boltomt (leaded) Irom me petroleum rehmna muttry

Emasan control dust/iJudge Irom trie pnmery production o< ne« « tiecu«. lumacei
Spent pckle iquor Irom steel l»»>f»ng operetaxn

Envtvon control dutt/Uudge I'om >eronde>v lead unening
Waste leactvng  toiubon Irom acd leacrwig oi envuion control Outt'Wudoe rrom lecondaiy lead tmeiw^

Wastewater treatment uuOoet generated dunng ine producion o' vetennary prtarmaceubcau from arserac or organo-arsenc compound!
OsHlaton  lar rewlues  kom me douiauon o< an*ne-t>aMd comoounds «i tne producton ol MUnnary prwmaceuucar. Irom artenc  a
  organo-artenc compourals
*nOu» l>om trte use ol activated carbon lor decownijion i tne producbon of vetemary pr>armac«u«c*M Irom anenc or organo-arMnc
  compound*


So^OTI  wuhes and sludges, causoc washes and Uudgn  o> witer washes and sbdges  from etoaiwio, tubs and equvment used " me
  tormuation ol •* from p^menn. dners soaps, and «iab*»««i coota«ng ctirormim and lead

Ammonu s«i lm« sludge from coiung operations
Decanter unk tar sfuge Irom oobng operaton*
(B)
(«)
m
m
m
m
m
m  .
(C T)
m
m
m
m '
m
                                                                                                                                         m
(48 FR 4818. Jan. 16. 1981. as amended at 48 FR 27476-27477. May 20. 19811
                                                                  A-8

-------
                                               CHECKLIST  I   B  (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
DISCARDED COMMERCIAL  CHEMICAL  PRODUCTS,  OFF-SPECIFICATION  SPECIES,  CONTAINER  RESIDUES,
AND  SPILL RESIDUES  THEREOF
are hazardous when
discarded
chemical product or
Intermediate
off-specification
product
empty container
residue
spill cleanup debris
acute hazardous wastes
261.33
261.33(a)
261.33(b)
261.33(c)
261.33(d)
261.33(e)












    Huwdou*
    <•«•!• No
                                                                            -««(« No
                                                                                   Subcuno*
  P023
  P002
  POS7
  POM
  POM

 'P001

  P002
  P003.
  P070..
  POO* .
  POOS
  P008 .
  P007 .
  POOS
  POO9..
  P119
  P010
  P012..
  P01I
  P01I
  POI2
  POM.
  POM-
  POM.
  P024
  PO77..
  POM .
  P042..

  P014
  PO28
  P01S
  P016
  P017
  PO18
  PO2t.
  P123
  P103
  P022
  P022
  POM.
  P033
  P023 .
  P024
  POM .
  P027
  P029
  POM.
   333
Ac«umd«. 2-Aueio-
Ac*uc tat. Ouoro. todun un
AcroMm
AJdtw
A*y< aloonol
Amnenun pail* (H)
0«M«n««i«n«. 44WO-
Swmn*.
Bnjon*
Calouni cywd*
C«rtx>n
C«rtx>ny« cMoncta
CMonm cyand*
3-CNarecra
          Mr**
Copow cytradM
                                  uftil. no) •**»•
               Cya
 POM..
 P037..
 POM .
 POM..

 P041 .
 P040..
 POO..
 P044 .
 P04S..

 P071 .

 POS2
 P04«..
 P047...
 P034...
 P048
 POM...
 P08S...
 P039
 PO4«
 P1O9
 POM
 POU
 POS1
 P042
 P046
 P084
 P101
 POM
 P097
 POM
 POS7
 POM
 P085
 POS» .
 POS1
PO37


P090


P004


POM

P082
                                                                        Ot-ortn
                                                                                 S-(2-<«ny«hn)«MM
                                                                        OknMhMM
                                                                                                  i. O-
                                                                                  win*
                                                                                hOn
                                                                        4.«-OMno-o-onMOl «od
                                                                        2.4-Ort»oun«nal
                                                                        Ok«M
                                                                        OW«
                                                                        2.4-O*taob«««<
                                                                                    nc aod. l«»»«in>< mtar
                                                                       EnooOMl
                                                                       Emkn
                                                                       EtiylcysniM
                                                                       Fimohur
                                                                       Fluonn*
                                                                       Fluoroaoitamd*
FiAnne Kid. imrevrrflll UK («.T)
mpuenior
                                                                         V4.4«.S.e.7.6.(«-ocUnvdra-«nao.«noD-
  1 .4.4*.S.e.7.«.a«-ocuny0ro-«nto.
  1 .4 :S.»-a»m>«wnaniphai«l«M
                                                                       t .2.3.4. lO.IO-HmacMoro- 1 .4.4a.S.«.a*.
                                                            A-9

-------
                                                           CHECKLIST  I   8  (continued)
FEDERAL REQUIREMENT
acute hazardous wastes
RCRA CITE
261.33(e)
STATE AUTHORITY
STATUTE REGULATION
(continued)
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

                                                                                         HumkM
                                                                                         •MM No
m
P116  .
POM...
P083
P003.
POM....
POM .
poor...
POM....
poas....
P016...
PI 12....
PI !•....
POS8  .

POM...
P097 ...
POM...
POM .
P089...
P07I
P072  .
P073..
P074 ..
P074 ..
P073...
   7S .
   76...
   77...
 POTS..
 P076...
 P078..
 P061
 P0«2..
 POM .
 POSO..
      POSS...
      P0»7_.
      P067...
      POM ..


      POM
      PO34
      POM.
      P047
      POZO
      POM
      P036 .
      P092
      P093
      PO94
      PO»S..
      POM
      P041

      PO44

       POO
                     Hyckuln*. m«ny4-
                     Hydrogen
                     t»ydroo»n pump***
                     3<2HH«o»»»oteo». K
                     Mercury. <«c»W«»Otpl»«n»«.
                    . MMCUV **!*!••• (H.T)
                     M«X«M. oiytmcNon-
                    . Mrtww. M«ran*o- (R)
                                         I.4.5.6.7.8.8-J-P-
                     M««n< hydrnlrn
                     M««iy4 pwwNo
                     Nckrt eyw«>t
. NcMI Mrae«tiony«
 MOMTM *nd MRa
. NMnconte
                                 (R)
                                               1.4A«.T.7-
                PlwnoL Z.4-«n*o-
                             ro 6 m»
                        .
                       2.4.4'lnralro-.  imnaraum ••• (M)
                P*w>
 P080

 P040

 PO07

 PI 10.
 POM.
 POM .
 P070

 P101
 PO27
 POM
 POS1
 P017
 P102
 P003
 POOi
 P087
 P102
 POM
 P07S

.Pill
 P103.
 P1O4
 P105.
 P106
 P107..
 P10T.
 P01S..
 P1M
 P115...
 P10S
 P110.
 Pill
 P1IZ.
 P08Z.
 P1 13
 P113.
 P1M
 P115
 P045 .
 P049
 POM .
 P1 16
 POZ«
 PO72
 PO93
 P123
 P1H
 P1U
                                                                                                                    tan. O.O *••»»» O-(p-n-
                                                                                                                                   O-lp-
                                                                                  PoUuun ey«nd*
                                                                                  Pouuwn •*•• eyarad*
                                                                                  PropwuL
                                                                                                      Propwwnnnt*. J-cMoco-
                                                                                                      1^.3-PropwwuMd*
                                                                                  Stryctndn-IO-on*. ind ulu
                                                                                  StryOmdn-tO-on*, 2.3-d>nMho>y-
                                                                                  Stryetwm *nd uHa
                                                                                  SuHuic Kid, ntfun(l) UN
                                                                                 POOI
                                                                                 P1Z1..
                                                                                 P1Z2
                                                                        A-10

-------
                                                        CHETKLIST   I  B   (continued)
FEDERAL REQUIREMENT
toxic wastes
RCRA CITE.
261.33(f)
STATE AUTHORITY
STATUTE REGULATION

IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN

   wow No
                            SuMUnc*
                                                                                 Swtxunc*
                                                                                             Mttardout
                                                                                             W««l« No
                                                                                                                                     Sub*l*nc«
U001 ...
UOJ4....
uoos....
Ut12	
U144.....
IB 14	
U002	
U003.....
U004-...
UOOS_...
U006.....
U007 ....
               Aotamd*. N-9H-fluor*n.2-)4-
               ACMC KM. «ny( MU> (I)
               ACMC KM. luduft
uocw.
U1SO...

U011...
U012..
U014.
U01S..
U010-
                   * cNoraM (C.R.T)
               Aerytvnd*
               Aoy*e«dd(I)
                                      UO49
                                      UOM
                                      U1S8
                                      U222
                                      UI8I
                                      U01»
                                      UOM

                                      ixno..
                                      U037.
                                      U190..
                                      UOM..

                                      UOM
                                      UOM..
                                      U102
                                      U107
                                                                    Bwuwwmn*.
                                                                    B«nnn«nn«.
                                                                    B«nnn*mn«,
                                                                                                         1X74
                                                                                                         U03I
                                                                                  *od.  4«-<4-
                                                                                        KM.

                                                                           mdeartxnryK KM. Ofcutrl nun
                                                                                         3d. *«
                                                                                         •od.
    _• C.T)
Aurwrvn*
U157

U0t«	'
U01« .  .
U0t7	
UO16
U01I
U0»4..   .
U012.
U014
U032
U23«
(J\J9
UI74
U177
U21«.
UM7..
U21S.
U1M
U033.
U2H .
U033
U034
uoss...
UOM
U026
U037 .
UO3» .
U04I .
U042.
U044..
U04«...
U047.
C«t»n ooyfluono* (R.T)
Cvtxm MVKMorrta
Cwtxmyl Huong* (R T)
(Xoril
CnKxwnbuol
Otordjn*. Mcnracxl
B*nl(e)Knc)m*
].'4-B«»u*en*n*
B«nz*l eNond*
B«nz( a Untnr
B*nz«n*mn* (I.T)
Bwuvnwnn*.  4.4'-
                                         y«n
-------
                                       CHECKLIST   I   B   (continued)
FEDERAL REQUIREMENT
toxic wastes
RCRA CITE
261.33(f)
STATE AUTHORITY
STATUTE REGULATION
(continued)
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

        I No.
                              SubManc*
U097.
UOM..
uow..
U101..
U102.
U103.
U10S..
, Prn»lhy1c«fo«nwlr«y«hydruirM
     aiyl phnalcw
 OrrwOV tur)«i«
U<07.
U1M..
U109-.
Ut10. .
0111...
U001.
U174
U0«7.
U076.
U077 ..
U114...
U131...
U024.

U003. .
UII7...
U02S
UIM
U2M
 Dwvocty< pntnMaM
 1.4OOIWW
             (I)
 Oi-N-propytmro
 Em*n*. 1 .2-Obromo-
 Etrwn*. 1.1-oer*)ro-
 EVwra.
 EttwrwrMnl* (I. T)
                 (I)
       . 1.r-o«vo*(2-cMoro-
 Effwnv. pxK^cMoro^
 £»)•«•. I
O218	
O227	_
U247	

U043... .
U042 ._....
U071... .
UOTt.	
U210......
U173	
U004	
U008	
U112	
U1I3  ..
U2M
U03«
U114.. .
U0»7  ..
U077
U11S  .
une
U117
U07«
U11I
                E»«n*. 1.1^-trtcMoro-
                EOWM.1.1.1..|nei^nMrow>mnort
              .  EttMnon*. 1-pr«n«4-
              .  EIrwwy* oMond* (C.R.T)
              .  E»V «£•<*>• (I)
                Effir* •cryteu (I)
                Ethyl 4.4--dctitorotM«uil«i«
                Elt«y4*rMbM<*rrac tcid)
                EtyWn* cHvornd*
                Ethyta
                EtN*rN ond* (I.T)
                Elhyton* WmurM
                EdV Mtw (I)
                ElhyMcn*
                                                       U139
                                                       UI20
                                                       UI23
                                                       0124
                                                       uin
                                                       U147
                                                       U213.
                                                       U12S
                                                       U124
  ut?e
  U1*3. .
  U127. .
  U12S
  UI29
  U130
  U131 .
  U132.
  U243..
  UI33
  UOM..
  UOM
•  UOM
  U109.
  UIJ4
  U134
  U13S
  UOM
  ui3e .
  um
  UI37
  U138 ..
  U140
  U14I .
  U142.
  U143
  U144
  U14S.
  U14«
  U129
  U147
  U144
  U149.
  UtSO...
  U1S1..
  U1S2.
  UM2.,.
  U029...
  UO4S..
  U048..
  UOM.
  U00O....
  U075...
  UIM...
  UtlB..
  U211..
  UI21 .
  UIS3
  U22S
  UO44
  Ut21
  U123
  U036

  U1i4
  U155
  U247
  U1S4
  U028
  UIM
  UO4S
                                                                No
                                                                       FkjorwMhww
                                                                       FormckMiydc
                                                                       Forme tod (C.T)
                                                        2-f w*ncarbou*t*nydc (0
                                                        2.S-F
                                                        FWM. H»«f>>Oro- (0
                                                                       Fw«uran(l)

                                                                         IroMurwlOr-
                                                                       HtnueMorobuudi*
                                                                       HmaeMorocvOorM
                                                                                            (oimnu
                                                        r*ydrun« <«.T)
                                                        r^^rifflrKt, U^S*ttn^»
                                                                                     (C.T)
                                                                       HyOogan fluoric** IC.T)
                                                        HydraryoVnMriyiirHi* ornut*
                                                        lnc»MX)(1.2.3-C())pyrm
                                                        Iron o«>1ran
                                                        iMibury) Mcor«M (I.T)
                                                        lioulrol*
                                                                     .  Uvtan*
                                                                       KiHC anriydnM
                                                                      Mvewv
                                                                      U«irwcry«onM. (I.T)
                                                                     •y<>ro-
                                                       Mwrunol (1)
                                                       uonorycrikx
                                                       U*ttly< XcortcK (I)
                                                       M«hy< bromid*
                                                                       «r>y( cmond* (I T|
                                                     A-12

-------
                                                         CHECKLIST   I   B  (continued)
FEDERAL REQUIREMENT
toxic wastes
RCRA CITE
261.33(f)
STATE AUTHORITY
STATUTE REGULATION
(continued)
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

                            Subtune*
                                                      WMM No
                                                                                Subtuncf
U1M
U226
U1S7
UtM
U132
UOM
U080
U122 .
U1W
utao
UtM
U1«1
U1«2
U163
met
U164
uoio
U059
U18S	
U047 ..
ut«6
U236  .
M*OV cMoroc*i1>onM (I T)

3-M«unicty»i«oin««««
4.4" mili|i«ri«t«i(2-cxof0«"«
2.r t*HHyt«n«t
tMOyMMbfOn
                                                    U067
                                       UH9
                                       U190
                                       U102
pttoxiAorooWiac  (on.  o.o-r* k«n*inoxy.
                  a . 1 1
            . 2-
 U11S.
 U041..
                2H.1.33-
                  cMoro- •myOonralMirafiydro-.
                Ovww O.T)
 U183....
 U184
 U18S....
 U242.. .
 UtM..
 U187.
 U1M .
... PcnUcNororntotMrum
 U039.
 U061
 UOA2...
 UtOt..
 UtTO.
 U242.-
 US12..
 U230
 U231
 Ut37
 Ut45
   PlMnot.
   PtMnol. 2J.4.8
   Plwnol. 2.4.S4rtcMon>-
   Phml. 2.4.6-«neNoro-
                 PtxMOtxmc •ad. L**d «•«
                                                      Totuan* dMOcywuM (R.T)
                                                      O-ToUaVw hyOrocMono*
                                                      1 H-1,2.4-TriuoKI-wnn*
                                                                        A-13

-------
                                                     OSWER  DIRECTIVE #9540.00-9
                                     CHECKLIST  I C




                                    CHARACTERISTICS
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                    SUBPART C  -  CHARACTERISTICS OF HAZARDOUS WASTE
CHARACTERISTIC OF IGNITABILITY
liquid/flash point less
than 60°C.
non- 11 quid/burns under
standard temperature
and pressure
1gn1 table compressed gas
oxldlzer
EPA number D001
261.21(a)(l)
261.21(a)(2)
261.21(a)(3)
261.21(a)(4)
261. 2Kb)









•
CHRACTERISTIC OF CORROSIVITY
Apueous/p-n < 2 or > 12.5
TI quid/corrodes steel
EPA number 0002
261.22(a)(l)
261.22(a)(2)
261.22(b)






CHARACTERISTIC OF REACTIVITY
unstable/violent change
reacts violently
with water
potentially explosive
generates toxic jjas-es
cyanide or sulflde bear-
ing/generates toxlcgases
detonation/explosion,
1f heated
detonatl on/expl os1 on
at STP
forbidden explosive
EPA number D003
261.23(a)(l)
261.23(a)(2)
261.23(a)(3)
261.23(a)(4)
261.23(a)(5)
261.23(a)(6)
261.23(a)(7)
261.23(a)(8)
261.23(b)


















 HARACTERISTIC OF EP TOXICITY
'test cr1t1er1a and
waste 11st
EPA numbers
261.24(a)
261.24(b)




                                      A-14

-------
                                                .OSWER DIRECTIVE  #9540.00-9
                                    CHECKLIST II




                               GENERATOR REQUIREMENTS
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                                 SUBPART A - GENERAL
PURPOSE,  SCOPE.  AND  APPLICABILITY
on site generators
Importer
farmer's requirements
Compliance requirements
and penalties
Initiators of shipment
262.10(b)
262.10(c)
262.10(d)
262.10(e)
262.10(f)










HAZARDOUS WASTE DETERMINATION
Excluded under 261.4
listed 1n Subpart D,
Part 261
Identified 1n Subpart
C, Part 261
testing
characteristics
262.11(a)
262. ll(b)
262.11(c)
262.11(c)(l)
262.11(c)(2)










EPA IDENTIFICATION NUMBERS
number required
appl 1cat1on
offers prohibited
262.12(a)
262.12(b)
262.12(c)






                               SUBPART B - THE MANIFEST
GENERAL REQUIREMENTS
off-site transportation
262.20(a)


                                      A-15

-------
                                CHECKLIST II  (continued)
FEDERAL REQUIREMENT
facility
alternate
failure to deliver
RCRA CITE
262.20(b)
262.20(c)
262.20(d)
STATE AUTHORITY
STATUTE REGULATION



IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN



REQUIRED INFORMATION
document number
name, address, phone
number, EPA I.D. number
name, I.D. number of
transporter
name, address, I.D.
number of Facilities
description per
49 CFR. 172
quantity, type, number
certification
262.21(a)(l)
262.21(a)(2)
262.21(a)(3)
262.21(a)(4)
262.21(a)(5)
262.21(a)(6)
262. 2Kb)










-

I

NUMBER OF COPIES
file Copies
262.22


USE OF THE MANIFEST
generators duties
generators signature
transporter signature/
date
retain copy
copies to transporter
shipment by water
shipment by railroad
262.23(a)
262.23(a)(l)
262.23(a)(2)
262.23(a)(3)
262.23(b)
262.23(c)
262.23(d)








.





                        SUBPART C - PRE-TRANSPORT REQUIREMENTS
PACKAGING
generator's duty
262.30


                                       A-16

-------
                                CHECKLIST II (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
LABELING
generator's duty
262.31


MARKING
package
container
262.32(a)
262.32(b)




PLACARDING
generator's duty
262.33


ACCUMULATION TIME
90 days without a
permit provided that
containers
dated
labeled
compliance with 265
criteria for extension
when stored over
90 days
262.34(a)
262.34(a)(l)
262.34(a)(2)
262.34(a)(3)
262.34(a)(4)
262.34(b)








-



                        SUBPART D - RECORDKEEPING AND REPORTING
RECORDKEEPING
copies retained
biennial report and
exception report
test results and
analyses
automatic extension
262.40(a)
262.40(b)
262.40(c)
262.40(d)








BIENNIAL REPORTING
off-site shipper
on-site handler
262.41(a)
262. 41(b)




                                       A-17

-------
                                CHECKLIST II (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
EXCEPTION REPORTING
copy of manifest not
received/35 days
exception report/
45 days
copy of manifest
letter
262.42(a)
262.42(b)
262.42(b)(l)
262.42(b)(2)
•







ADDITIONAL REPORTING
quantity and disposition
262.43


                            SUBPART E - SPECIAL CONDITIONS
INTERNATIONAL SHIPMENTS
requirements for
Importers or exporters
exporters duties
contents of written
notice to Director
confirm delivery
exceptions to meeting
manifest requirements
exception report
crltlera
exception to manifest
for Importers
262.50(a)
262.50(b)
262.50(b)(l)
262.50(b)(2)
262.50(b)(3)
262.50(c)
262.50(d)








I





FARMERS
pesticide container
262.51


                                       A-18

-------
                                                .OSWER  DIRECTIVE  #9540.00-9
                                    CHECKLIST III




                               TRANSPORTER REQUIREMENTS
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                                 SUBPART A -  GENERAL
SCOPE
transportation standards
on-s1te transportation
excluded
other regulations
appl Icable
Importers of waste
mixers of waste
263.10(a)
263.10(b)
263.10(c)
263.10(c)(l)
263.10(c)(2)










EPA IDENTIFICATION NUMBER
number required
application
263.11(a)
263. ll(b)




TRANSFER FACILITY REQUIREMENTS
exception
263.12


SUBPART B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING
MANIFEST SYSTEM
manifest required
signature and date
accompanies waste
delivery to another
transporters
water shipments
delivered by water
shipping paper
signature of owner
signature of
transporter
copies retained
263.20(a)
263.20(b)
263.20(c)
263.20(d)
263.20(e)
263.20(e)(l)
263.20(e)(2)
263.20(e)(3)
263.20(e)(4)
263.20(e)(5)




















                                      A-19

-------
                               CHECKLIST III (continued)
FEDERAL REQUIREMENT
rail shipments
Initial rail
transporter
shipping paper
delivery to facility
delivery to non-rail
transporter
acceptance from rail
transporter
exporters
date
signature
return copy
RCRA CITE
263.20(f)
263.20(f)(l)
263.20(f)(2)
263.20(f)(3)
263.20(f)(4)
263.20(f)(5)
263.20(g)
263.20(g)(l)
263.20(g)(2)
263!20(g)(3)
STATE AUTHORITY
STATUTE REGULATION










IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN







-

(
COMPLIANCE WITH MANIFEST
quantity
designated facility
alternate facility
transporter
place outside U.S.
Inability to deliver/
revision of manifest
263.21(a)
263.21(a)(l)
263.21(a)(2)
263.21(a)(3)
263.21(a)(4)
263. 2Kb)












RECORDKEEPING
retain copies
water transporter
rail transporter
exporter
automatic extension
263.22(a)
263.22(b)
263.22(c)
263.22(d)
263.22(e)










                                       A-20

-------
                               CHECKLIST III (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                        SUBPART C - HAZARDOUS WASTE DISCHARGES
IMMEDIATE ACTION
transporter action
removal /author 1 zatl on
by official
duties of transporter
notice
report
water transporter
263.30(a)
263.30(b)
263.30(c)
263.30(c)(l)
263.30(c)(2)
263.30(d)












DISCHARGE CLEAN-UP
transporter duty
263.31
t

                                       A-21

-------
                                                    'OSWER  DIRECTIVE #9540.00-9
                                   CHECKLIST IV A




                                FACILITY REQUIREMENTS
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                                 SUBPART A - GENERAL
APPLICABILITY
all o and o of TSDFs
with exceptions
ocean disposal/
permit by rule
UIC/perm1t by rule
POTW/perm1t by rule
post authorization
rule making
exceptions
264. l(b)
264. l(c)
264. l(d)
264. l(e)
264. l(f)
264. l(g)











"
                       SUBPART B - GENERAL FACILITY STANDARDS
RATIFICATION NUMBER
EPA number required
264.11
NOTICES
hazardous waste from
foreign source
hazardous waste from
off-site source
new o/o
264.12(a)
264.12(b)
264.12(c)









GENERAL WASTE ANALYSIS
waste analysis
waste analysis plan
off-site facility
waste analysis plan
264.13(a)
264.13(b)
264.13(c)






SECURITY
entry
surveillance
barrier and control
sign
264.14(a)
264.14(b)(l)
264.14(b)(2)
264.14(c)

•






                                      A-22

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
GENERAL INSPECTION REQUIREMENTS
Inspections
schedule
remedies
recordkeeplng
264.15(a)
264.15(b)
264.15(c)
264.l5(d)





•


PERSONNEL TRAINING
training
timing of Instruction
annual review
recordkeeplng
training records
264.16(a)
264.16(b)
264.16(c)
264.16(d)
264.16(e)









•
GENERAL REQUIREMENTS FOR IGNITABLE. REACTIVE, OR INCOMPATIBLE WASTES
precautions
264.17
LOCATION STANDARDS
seismic
floodplalns (applicable
only to subparts I, 0,
K. L, & 0)
264.18(a)
264.18(b)




                        SUBPART C - PREPAREDNESS AND PREVENTION
DESIGN AND OPERATION OF FACILITY
requirements
264.31


REQUIRED EQUIPMENT
Internal communications
or alarm
telephone or equivalent
fire extinguisher
water
264.32(a)
264.32(b)
264.32(c)
264.32(d)






W

                                       A-23

-------
                               CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
TESTING AND MAINTENANCE OF EQUIPMENT
assurance
264.33


ACCESS TO COMMUNICATIONS OR ALARM SYSTEM
handling hazardous
waste
one employee only
264.34(a)
264.34(b)




REQUIRED AISLE SPACE
requirement
264.35


ARRANGEMENTS WITH LOCAL AUTHORITIES
arrangements
^•document refusals
264.37(a)
264.37(b)





PURPOSE AND IMPLEMENTATION OF CONTINGENCY PLAN
purpose
Implementation
264.51(a)
264.51(b)




CONTENT OF CONTINGENCY PLAN
actions to take
SPCC
local police etc.
names and addresses
emergency equipment
evacuation
264.52(a)
264.52(b)
264.52(c)
264.52(d)
264.52(e)
264.52(f)












COPIES OF CONTINGENCY PLAN
facility
local police etc.
264.53(a)
264.53(b)




                                       A-24

-------
                               CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
AMENDMENT OF CONTINGENCY PLAN
facility permit
revision
plan failure
facility change
11st of coordinator
change
11st of equipment
change
264.54(a)
264.54(b)
264.54(c)
264.54(d)
264.54(e)










EMERGENCY COORDINATOR
duties
264.55

-
EMERGENCY PROCEDURES
procedures
release, fire, explosion
hazard assessment
reporting
measures during
emergency
stop operation
procedures
post-emergency TSD
procedures after
emergency
notifications
operation record
264.56(a)
264.56(b)
264.56(c)
264.56(d)
264.56(e)
264.56(f)
264.56(g)
264.56(h)
264.56(1)
264.56(j)











^








               SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
APPLICABILITY
both on & off-site
facilities. §71, 72 &
76 do not apply to o/o
of on-site facilities
that do not receive
from off-site
264.70

•
                                       A-25

-------
                               CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
USE OF MANIFEST SYSTEM
waste accompanied
by manifest
waste accompanied by
shipping paper
264.71(a)
264.71(b)




MANIFEST DISCREPANCIES
definitions
action on discovery
264. 72(a)
264.72(b)




OPERATING RECORD
record
information
264.73(a)
264.73(b)


-

J^AI LABILITY, RETENTION, DISPOSITION OF RECORDS
W
availability
retention period
copies
264.74(a)
264.74(b)
264.74(c)






BIENNIAL REPORT
report requirements
264.75


UNMANIFESTED WASTE REPORT
report requirements
264.76
ADDITIONAL REPORTS
fires, explosions
facility closure
264.77(a)
264.77(c)




                          SUBPART F - GROUNDWATER PROTECTION
APPLICABILITY
FTSD in si, WP,
LT or LF
264.90(a)


                                       A-26

-------
                               CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
exemptions
time period
RCRA CITE
264.90(b)
264.90(c)
STATE AUTHORITY
STATUTE REGULATION


IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN


REQUIRED PROGRAMS
detection monitoring,
compliance monitoring,
correction action
specified in permit
264.91(a)
264.91(b)




GROUNDWATER PROTECTION STANDARD
owner must comply
264.92


HAZARDOUS CONSTITUENTS
specified in permit
exemption considerations
other considerations
264.93(a)
264.93(b)
264.93(c)




0

CONCENTRATION LIMITS
specified in permit
factors for setting
alternate limits
must consider 122.35
264.94(a)
264.94(b)
264.94(c)






POINT OF COMPLIANCE
specified in permit
definition of waste
management area
264.95(a)
264.95(b)




COMPLIANCE PERIOD
specified in permit
beginning
end
264.96(a)
264.96(b)
264.96(c)





A
                                       A-27

-------
                               CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
GENERAL GROUND-WATER MONITORING REQUIREMENTS
we! Is
multiple units
well casing
consistency
appropriateness and
accuracy
groundwater surface
elev.
background quality
statistical procedure
264.97(a)
264.97(b)
264.97(c)
264.97(d)
264.97(e)
264.97(f)
264.97(g)
264.97(h)





-










DETECTION MONITORING PROGRAM
parameters specified
^feermit
iBer must have
ground water monitor
system
background values
specifed in permit
owner must determine
ground water quality
owner must determine
flow rate
owner must meet
264.97(d) & (e)
owner must determine in-
crease over background
actions when increase
occurs
demonstration - increase
from other source
permit modifications
owner must assure
compliance
264.98(a)
264.98(b)
264.98(c)
264.98(d)
264.98(e)
264.98(f)
264.98(g)
264.98(h)
264.98(i)
264.98(j)
264.98(k)
















-





COMPLIANCE MONITORING PRC
standard specified
^ permit
1GRAM
264.99(a)


                                       A-28

-------
                               CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
system must comply^
concentration limits
specified in permit
concentration will
be determined
flow rate will
be determined
samples must be
analyzed
procedures for sampling
action when
standards exceeded
demonstration increase
due to other sources
permit modification
compliance must be
assured
RCRA CITE
264.99(b)
264.99(c)
264.99(d)
264.99(e)
264.99(f)
264.99(g)
264.99(i)
264.99(j)
264.99(10
264.99(1)
STATE AUTHORITY
STATUTE REGULATION






-



IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN










CORRECTIVE ACTION PROGRAM
standards set injjermit
specific measures set
in permit
permit states time
to begin correction
groundwater monitoring
in corrective action
other corrective actions
period of corrective
action
written notification
permit modification
264.100(a)
264.100(b)
264.100(c)
264.100(d)
264.100(e)
264.100(f)
264.100(g)
264.100(h)
















                         SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
closure of all
facilities
post-closure of all
disposal and some other
facilities
264.110(a)
264.110(b)



•
                                       A-29

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
CLOSURE PERFORMANCE STANDARD
minimizes maintenance
controls, minimizes
post-closure escape
264.111(a)
264.111(b)




CLOSURE PLAN; AMENDMENT OF PLAN
written plan required
describes how and when
facility will be closed
estimates maximum
waste inventory
describes steps to
decontaminate equipment
estimates schedule
of closure
amendment
noy^ication prior to
^Be start
264.112(a)
264.112(a)(l)
264.112(a)(2)
264.112(3)(3)
264.112(3)(4)
264.112(b)
264.112(c)














CLOSURE: TIME ALLOWED FOR CLOSURE
trest fins! volume with-
in 90 days or meet cri-
teria for longer period
complete closure within
180 days or meet cri-
teria for longer period
264.113(3)
264.113(b)




DISPOSAL OR DECONTAMINATION OF EQUIPMENT
requirement at closure'
264.114


CERTIFICATION OF CLOSURE
requi rement
at
closure
264.
115


POST-CLOSURE CARE AND USE OF PROPERTY
continue care 30 years
reduction or extension
of care period
security requirements
^^ closure use limits
activities in accord
with plan
264.117(a)(l)
264.117(a)(2)
264.117(b)
264.117(c)
264.117(d)










                                       A-30

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
POST-CLOSURE PLAN; AMENDMENT OF PLAN
written plan and
specified activities
required
amendment
permit modification
timing
264.118(a)
264.118(b)
264.118(c)






NOTICE TO LOCAL LAND AUTHORITY
survey plat
264.119


NOTICE IN DEED TO PROPERTY
requirement to enter
note on deed
conditions for
removal of notation
^264. 1201aJ
264.120(b)


.

                          SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
to all HWM facilities
to specified facilities
only
State exemption
264.140(a)
264.140(b)
264.140(c)






DEFINITIONS
closure plan
current closure cost
estimate
current post-closure
cost estimate
parent corporation
post-closure plan
terms used in
financial tests
terms used in
liability requirements
264.141(a)
264.141(b)
264.141(c)
264.141(d)
264.141(e)
264.141(f)
264.141(g)






"







                                       A-31

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
COST ESTIMATE FOR CLOSURE
o/o must have
adjust for inflation
revise when closure
plan changes
keep at the facility
264.142(a)
264.142(b)
264.142(c)
264.142(d)








FINANCIAL ASSURANCE FOR CLOSURE
options: closure
trust fund
surety bond guaranteeing
payment into a closure
trust fund
surety bond guaranteeing
performance of closure
closure letter of
credit
closure insurance
financial test and cor-
porate guarantee for
closure
use of multiple
financial mechanisms
use of a financial
mechanism for multiple
facilities
release of the o/o from
the requirements of
this section
264.143(a)
264.143(b)
264.143(c)
264.143(d)
264.143(e)
264.143(f)
264.143(g)
264.143(h)
264.143(i)


















COST ESTIMATE FOR POST-CLOSURE CARE
annual cost of post-
closure monitoring
and maintenance
adjust for inflation
revise when post
closure plan changes
keep at facility
264.144(a)
264.144(b)
264.144(c)
264.144(d)








                                       A-32

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
FINANCIAL ASSURANCE FOR POST-CLOSURE CARE
options:
post closure trust fund
surety bond guarantee-
ing payment into a
post-closure trust fund
surety bond guarantee-
ing performance of
post-closure care
post-closure letter
of credit
post-closure insurance
financial test and cor-
porate guarantee for
post-closure care
use of multiple
financial mechanisms
use of a financial
mechanism for multiple
facilities
release of the o/o from
the requirements of
this section
264.145(a)
264.145(b)
264.145(c)
264.145(d)
264.145(e)
264.145(f)
264.145(q)
264.145(h) .
264.145(1)
















m
W
USE OF A MECHANISM FOR FINANCIAL ASSURANCE OF BOTH CLOSURE AND POST-CLOSURE CARE
funds must be equal to
sum if separate mechan-
isms are used
264.146


LIABILITY REQUIREMENTS
coverage for sudden
accidental occurrences
coverage for nonsudden
accidental occurrences
request for variance
adjustments by the
Director
period of coverage
financial test for
liability coverage
264.147(a)
264.147(b)
264.147(c)
264.147(d)
264.147(e)
264.147(f)












                                       A-33

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
INCAPACITY OF 0/0, GUARANTORS.  OR FINANCIAL INSTITUTIONS
incapacity of o/o or
guarantor
incapacity of financial
institution
264.148(a)
264.148(b)




WORDING OF THE INSTRUMENTS
trust agreement
financial guarantee
bond
performance bond
irrevocable standby
letter of credit
certificate of insur-
ance for closure or
post-closure care
letter from chief
financial officer
^financial assurance)
letter from chief
financial officer
Qi ability coverage)
corporate guarantee for
closure or post-closure
care
h*7ardous waste facility
liability endorsement
hazardous waste facility
certificate of liabil-
ity insurance
264.151(a)
264.151(b)
264.151(c)
264.151(d)
264.151(e)
•264.151(f)
264.151(g)
264.151(h)
264.151(1)
264.151(j)





-








»





                                       A-34

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                     SUBPART I  -  USE  AND MANAGEMENT OF CONTAINERS
APPLICABILITY
storage
264.170


CONDITION OF CONTAINERS
requirements when
containers bad
264.171


COMPATIBILITY OF WASTE WITH CONTAINERS
must be compatible
264.172


MANAGEMENT OF CONTAINERS
Keep closed
care in handling
264.173(a)
264.173(b)



*
INSPECTIONS
weekly
264. 174


CONTAINMENT
requires a
rontainment system
system design and
operation requirements
exception
264.175(a)
264.175(b)
264.175(c)






SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
Required distance from
property 1 ine
264.176


SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
not to be placed in
same container
Previously used
container
means of separation
264.177(a)
264.177(b)
264.177(c)





	 ^
CLOSURE
residues must be
removed
264.178


                                       A-35

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                                   SUBPART J  -  TANKS
APPLICABILITY
applicability
exceptions
264.190(a)
264.190(b)




DESIGN OF TANKS
design requirements
264. 191


GENERAL OPERATING REQUIREMENTS
tank - waste
compatibil ity
prevention of
overfilling
264.192(a)
264.192(b)



-
INSPECTIONS
items to be inspected
schedule and procedure
contingency plan
264.194(a)
264.194(b)
264.194(c)






CLOSURE
closure requirements
264.197


SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
limits/conditions for
storage in tanks
NFPA Requirements
264.198(a)
264.198(b)




SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
prohibitions in same
tank
prohibitions in unwashed
tank
264.199(a)
264.199(b)




                                       A-36

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                           SUBPART K - SURFACE IMPOUNDMENTS
APPLICABILITY
apply to TSD facilities 1264.220
DESIGN AND OPERATING REQUIREMENTS
for liner design,
construction and
installation
exemption consideration
to prevent overtopping
and malfunctions
for dike performance
specified in the permit
264.221(a)
264.221(b)
264.221(c)
264.221(d)
264.221(e)





DOUBLE-LINED SURFACE IMPOUNDMENTS: EXEMPTION FROM SUBPART



-

- GROUND-WATER PROTECTION A
REQUIREMENTS .
conditions for exemption
264.222(a)
requirements if liquid
leaks into leak detec-
tion system	
264.222(b)
specified in the permit  264.222(c)
MONITORING AND INSPECTION
during construction and
installation
during operation
after extended inactive
periods
264.226(a)
264.226(b)
264.226(c)






EMERGENCY REPAIRS; CONTINGENCY PLANS
conditions for removal
from service
immediate actions on
removal from service
compliance procedure
put in contingency plan
conditions for restor-
ation of service
closure required if
not repaired
264.227(a)
264.227(b)
264.227(c)
264.227(d)
264.227(e)










                                       A-37

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
CLOSURE AND POST-CLOSURE CARE
closure requirements
post-closure
requirements
needed plans whenever
liner requirements are
not met
closure cost estimates
post-closure leak
notification
264.228(a)
264.228(b)
264.228(c)(l)
264.228(c)(2)
264.228(d)










SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
waste treatment prior
to placement
prevention of reaction
by waste management
emergency placement
264.229(a)
264.229(5)
264.229(c)






SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
prohibited
co-disposal
264.
230


                                 SUBPART L - WASTE PILES
APPLICABILITY
storage and treatment
facilities
closed pi les with
waste in place
piles under a structure
264.250(a)
264.250(b)
264.250(c)






DESIGN AND OPERATING REQUIREMENTS
for liner and leachate
collection system
exemption criteria
run-on control
run-off management
collection & holding
264.251(a)
264.251(b)
264.251(c)
264.251(d)
264.251(e)










                                       A-38

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
wind dispersal
specified in permit
RCRA CITE
264.251(f)
264.251(g)
STATE AUTHORITY
STATUTE REGULATION


IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN


DOUBLE-LINED PILES:   EXEMPTION FROM SUBPART F GROUND-WATER,PROTECTION REQUIREMENTS
conditions for
exemptions
leak detection response
practices specified in
the permit
264.252(a)
264.252(b)
264.252(c)






INSPECTION OF LINERS:   EXEMPTION FROM SUBPART F GROUND WATER PROTECTION REQUIREMENTS
conditions for
exemptions
leak detection response
permit specification
264.253(a)
264.253(b)
264.253(c)




-

MONITORING AND INSPECTION
during construction or
instal 1 at ion
during operation
264.254(a)
264.254(b)


SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
treatment
protection by waste
management
264.256(a)
264.256(b)







SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
co-placement
prohibitions
waste separation
base decontam-
ination
264.257(a)
264.257(b)
264.257(c)






CLOSURE AND POST-CLOSURE CARE
closure requirements
post-closure care
needed plans whenever
liner requirements are
not met
cost estimates
264.258(a)
264.258(b)
264.258(c)(l)
264.258(c)(2)





^
9

                                       A-39

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                              SUBPART M - LAND TREATMENT
APPLICABILITY
treatment or disposal
facil ities
264.270


TREATMENT PROGRAM
elements of the program
hazardous constituents
specified in the permit
treatment zone
dimensions specified
264.271(a)
264.271(b)
264.271(c)






TREATMENT DEMONSTRATION
treatment demonstration
required for each waste
acceptable evidence
field/lab test
requirements
264.272(a)
264.272(b)
264.272(c)



-


DESIGN AND OPERATING REQUIREMENTS
minimum requirements
specified in the permit
run-off control
run-on control
storn water run-off
management system
holding facilities
wind dispersal control
inspections
264.273(a)
264.273(b)
264.273(c)
264.273(d)
264.273(e)
264.273(f)
264.273(q)














FOOD-CHAIN CROPS
demonstration of no
health risk
demonstration timing
required evidence for
acceptable demonstration
demonstration permit
requirements if waste
contains cadmium
264.276(a)(l)
264.276(a)(2)
264.276(a)(3)
264.276(a)(4)
264.276(b)










                                       A-40

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
UNSATURATED ZONE MONITORING
monitoring for specific
constituents
monitoring system
details
background value needed
for each hazardous
constituent
test frequency and
timing
sampling and analysis
procedures
comparison with back-
ground values to
determine statistically
significant change
actions if significant
increase occurs
requirements for
demonstration that
owner not responsible
for increase
264.278(a)
264.278(5)
264.278(c)
264.278(d)
264.278(e)
264.278(f)
264.278(g)
264.278(h)















•
RECORDKEEPING
operating record to
include waste applica-
tion dates and rates
264.279


CLOSURE AND POST-CLOSURE CARE
closure care
closure certification
post-closure care
exemption
Subpart F exemption
264.280(a)
264.280(b)
264.280(c)
264.280(d)
264.280(e)










SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
conditions for disposal
preventive management
•
264.281(a)
264.281(b)



-^
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES ^^
conditions for disposal
264.282


                                       A-41

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                                SUBPART N - LANDFILLS
APPLICABILITY
disposal facilities |264.300


DESIGN AND OPERATING REQUIREMENTS
liner requirements
leachate collection &
removal system
exemption
considerations
run-on control
run-off management
holding facilities
management
wind dispersal
permit specifications
264.301(a)(i;
264.301(a)(2;
264.301(b)
264.301(c)
264.301(d)
264.301(e)
264.301(f)
264.301(g)











^




DOUBLE-LINED LANDFILLS:  EXEMPTION FROM SUBPART F GROUND-WATER PROTECTION REQUIREMENTS
exemption conditions
actions required if
liquid leaks into
leak detection system
permit specifications
264.302(a)
264.302(b)
264.302(c)






MONITORING AND INSPECTION
during construction or
instal lation
during operation
264.303(a)
264.303(b)




SURVEYING AND RECORDKEEPING
location and dimensions
to be shown on maps
operating record to
record contents of cells
264.309(a)
264.309(b)




                                       A-42

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
CLOSURE AND POST-CLOSURE CARE
cover requirements
at final closure
moni tori ng/mai ntenance
in post-closure
notification of leakage
detection
264.310(a)
264.310(b)
264.310(c)






SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
placement prohibited un-
less treated to remove
those characteristics
containerized wastes
264.312(a)
264.312(b)
v.

SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
conditions for
Disposal
264.313



•

SPECIAL REQUIREMENTS FOR LIQUID WASTES ^fc
bulk liquid disposal
containerized liquid
disposal
SPECIAL REQUIREMENTS FOR
minimum 90% full; or
crushed
264.314(a)
264.314(b)


^^

CONTAINERS
264.315(a)
264.315(b)




DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB PACKS)
inside containers
(DOT)
DOT over oackaging
absorbent material
incompatible wastes
reactive wastes
264.316(a)
264.316(b)
264.316(c)
264.316(d)
264.316(e)










                                       A-43

-------
                              CHECKLIST IV A (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                                  SUBPART 0 - INCINERATORS
APPLICABILITY
exemptions
exemption for insigni-
fi cation concentrations
264.340(b)
264.340(c)




WASTE ANALYSIS
in trial burn plan
during normal operation
264.341(a)
264.341(b)




PRINCIPAL ORGANIC HAZARDOUS CONSTITUENTS (POHCs)
must be treated
basis for selection
^fe permit
^Plsignated in trial
burns
264.342(a)
264.342(b)(i;
264.342(b)(2:






PERFORMANCE STANDARDS
99.99% destruction
HC1 emission control
particulate emission
control
264.343(a)
264.343(b)
264.343(c)






HAZARDOUS WASTE INCINERATOR PERMITS
exemptions
permit modifications
permits for new
incinerators
264.344(a)
264.344(b)
264.344(c)






OPERATING REQUIREMENTS
specified in thej>ermit
specify operating limits
for each waste feed
composition
start-up and shut-down
conditions
264.345(a)
264.345(b)
264.345(c)






                                       A-44

-------
                              CHECKLIST  IV A  (continued)
FEDERAL REQUIREMENT
fugitive emissions
automatic cut-off
cessation of operation
RCRA CITE
264.345(d)
264.3-45(e)
264.345(f)
STATE AUTHORITY
STATUTE REGULATION

.

IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN



MONITORING AND INSPECTIONS
monitoring
daily inspections
weekly inspections
operating log
264. 347 (al
264.347(b)
264.347(c)
264.347(d)








CLOSUR-E
remove residues
264.351


                                        A-45

-------
                                               ' OSWER  DIRECTIVE  #9540.00-9
                                   CHECKLIST IV B




                         FACILITY  INTERIM STATUS REQUIREMENTS
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                                 SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
all o/o of TSDFs
with exceptions
persons to whom regs
do not apply
265. l(b)
265. l(c)




                        SUBPART B - GENERAL FACILITY STANDARDS
IDENTIFICATION NUMBER
EPA facility
number required
REQUIRED NOTICES
hazardous waste from
foreign source
new o/o
265.11

265.12(a)
265.12(b)




•



GENERAL WASTE ANALYSIS
needed before TSD
actions
may come from existing
sources
must be current and
accurate
off- site o/o duty
waste analysis j>lan
off-site facility
waste analysis plan
265.13(a)(l)
265.13(a)(2)
265.13(a)(3)
263.13(a)(4)
265.13(b)
265.13(c)












SECURITY
limited entry with
exemptions
surveillance, or barrier
and controlled entry
signs
265.14(a)
265.14(b)
265.14(c)






                                      A-46

-------
                               CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
GENERAL INSPECTION REQUIREMENTS
inspections by o/o
written schedule
remedies
recordkeeping
265.15(a)
265.15(b)
265.15(c)
265.15(d)








PERSONNEL TRAINING
classroom or on-the-job
qualified instructors
emergency response
timing of instruction
annual review
recordkeeping
records retention
265.16(a)(l)
265.16(a)(2)
265.16(a)(3)
265.16(b)
265.16(c)
265.16(d)
265.16(e)









*

0


GENERAL REQUIREMENTS FOR IGNITABLE, REACTIVE. OR INCOMPATIBLE WASTES
accident prevention
operational precautions
265.17(a)
265.17(b)




                           SUBPART C - PREPAREDNESS AND PREVENTION
MAINTENANCE AND OPERATION OF FACILITY
requirement
265.31


REQUIRED EQUIPMENT
alarm system
telephone or radio
fire, spill and decon-
tamination equipment
water
265.32(a)
265.32(b)
265.32(c)
265.32(d)






•

                                       A-47

-------
                               CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
TESTING AND MAINTENANCE OF EQUIPMENT
to assurance readiness
265.33


ACCESS TO COMMUNICATIONS OR ALARM SYSTEM
when handling waste
one employee only
265.34(a)
265.34(b)




REQUIRED AISLE SPACE
must be maintained
265.35


ARRANGEMENTS WITH LOCAL AUTHORITIES
kinds to be tried
refusals: to be
documented
265.37(a)
265.37(b)


•

SUBPART D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES
CONTENT OF CONTINGENCY PLAN
actions to take
SPCC
local arrangements
emergency coordinator
emergency equipment
evacuation plan
265.52(a)
265.52(b)
265.52(c)
265.52(d)
265.52(e)
265.52(f)
*











COPIES OF CONTINGENCY PLAN
kept at facility
sent to local police
etc.
265.53(a)
265.53(b)




AMENDMENT OF CONTINGENCY PLAN
revisions to
regulations
265.54(a)


                                       A-48

-------
                               CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
plan failure
facility changes
list of coordinators
changes
list of equipment
changes
RCRA CITE
265.54(b)
265.54(c)
265.54(d)
265.54(e)
STATE AUTHORITY
STATUTE REGULATION




IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN




EMERGENCY COORDINATOR
duties
265.55


EMERGENCY PROCEDURES
given alerts
identify source
assess the hazard
report the findings
take emergency measures
monitor stopped
operation
clean up after
emergency
prepare to resume
operations
notify authorities
record event and submit
written report
265.56(a)
265.56(b)
265.56(c)
265.56(d)
265.56(e)
265.56(0
265.56(g)
265.56(h)
265.56(i)
265.56(j)











*

^






               SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
APPLICABILITY
264.71, 72, 76 not
applicable to o/o of
on- site facilities
that do not receive
waste from off-site
sources
265.70


USE OF MANIFEST SYSTEM ^fc
duties when waste comes
with manifest
duties when waste comes
with shipping paper
265.71(a)
265.71(b)


^

                                       A-49

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
duty under Part 262
RCRA CITE
265.71(c)
STATE AUTHORITY
STATUTE REGULATION

IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

MANIFEST DISCREPANCIES
definition
o/o duties
265.72(a)
265.72(b)




OPERATING RECORD
keep at facility
information required
265.73(a)
265.73(b)




AVAILABILITY, RETENTION, AND DISPOSITION OF RECORDS
availability
retention
disposition
265.74(a)
265.74(b)
265.74(c)






BIENNIAL REPORT
facility identification
year
off-site sources
identified
description of wastes
received
method of TSD
monitoring data
closure/post-closure
cost estimates
certification
265.75(a)
265.75(b)
265.75(c)
265.75(d)
265.75(e)
265.75(f)
265.75(q)
265.75(h)
















UNMANIFESTED WASTE REPORT
facility identification
data received
generator/transporter
identify
265.76(a)
265.76(b)
265.76(c)






                                       A-50

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
waste description
method of TSD
certification
explanation
RCRA CITE
265.76(d)
265.76(e)
265.76(f)
265.76(g)
STATE AUTHORITY
STATUTE REGULATION




IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN




ADDITIONAL REPORTS
releases
ground-water
contamination
facility closure
265.77(a)
265.77(b)
265.77(c)






SUBPART F - GROUND-WATER MONITORING
APPLICABILITY
facility types-
monitoring system
requirements
waiver demonstration
alternate system
requirements
surface impoundment
waiver
265.90(a)
265.90(b)
265.90(c)
265.90(d)
265.90(e)










GROUND WATER MONITORING SYSTEM
monitoring system
capabilities
separate systems
well casing
265.91(a)
265.91(b)
265.91(c)






SAMPLING AND ANALYSIS
requirements
parameters
background
265.92(a)
265.92(b)
265.92(c)





A
                                       A-51

-------
                              CHECKLIST IV 8 (continued)
FEDERAL REQUIREMENT
frequency
surface elevation
RCRA CITE
265.92(d)
265.92(e)
STATE AUTHORITY
STATUTE REGULATION


IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN


PREPARATION. EVALUATION. AND RESPONSE
prepare GW quality
assessment program
outline
compare parameters
action at discovery of
increase (upgradient)
action at discovery of
increase (downgradient)
report if increase
confirmed downgradient
submit GW QA program
plan
plan contents
implement plan; deter-
mine extent of jDroblem
timing and report of
determination
option if waste has
not entered GW
action if waste has
not entered GW
assessment completion
action upon GW surface
evaluations
265.93(a)
265.93(b)
265.93(c)(l)
265.93(c)(2)
265.93(d)(l)
265.93(d)(2)
265.93(d)(3)
265.93(d)(4)
265.93(d)(5)
265.93(d)(6)
265.93(d)(7)
265.93(e)
265.93(f)







,


















RECORDSKEEPING AND REPORTING
if not monitored
per 265.93(d)(4)
if monitored per
265.93(d)(4)
265.94(a)
265.94(b)




                         SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
management facilities
disposal facilities
265.110(a)
265.110(b)




                                       A-52

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
CLOSURE PERFORMANCE STANDARD
minimize maintenance
controls, minimizes,
eliminates escape
265.111(a)
265.111(b)




CLOSURE PLAN;  AMENDMENT OF PLAN
written plan contents
amendment
submittal timing
public comment/hearing
265.112(a)
265.112(b)
265.112(c)
265.112(d)








CLOSURE; TIME ALLOWED FOR CLOSURE
time to dispose of
on site wastes
time to complete
closure
265.113(a)
265.113(b)



^
DISPOSAL OR DECONTAMINATION OF EQUIPMENT
-requirement
265.114


CERTIFICATION OF CLOSURE
requirement
265.115


POST-CLOSURE CARE AND USE OF PROPERTY
length and minimum care
security requirements
limits on use of
property
activities must accord
with plan
265.117(a)
265.117(b)
265.117(c)
265.117(d)








POST-CLOSURE PLAN; AMENDMENT OF PLAN
contents of required
written plan
amendment/active life
time to submit plan
public comment/hearing
265.118(8)
265.118(b)
265.118(c)
265.118(d)






4
^
                                       A-53

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
amendment/post-closure
ways to modify plan
RCRA CITE
265.118(e)
265.118(f)
STATE AUTHORITY
STATUTE REGULATION


IF DIFFERENT FROM FEDERAI
REQUIREMENT, EXPLAIN


NOTICE TO LOCAL LAND AUTHORITY
survey plat timing
and contents
265.119


NOTICE IN DEED TO PROPERTY
requirement
265.120


                          SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
to all HWM facilities
to specified facil-
ities only
State exemption
265 ..H0( a)
265.140(b)
265.140(c)






DEFINITIONS OF TERMS AS USED IN THIS SUBPART
closure j)lan
current closure cost
estimate
current post-closure
cost estimate
parent corporation
post-closure plan
terms used in
financial tests
terms used in
liability requirements
265.141(a)
265.141(b)
265.141Cc)
265.141(d)
265.141(e)
265.141(f)
265.141(q)














COST ESTIMATE FOR CLOSURE
o/o must have
adjust for inflation
revise when closure
plan changes
keep at the facility
265.142(a)
265.142(b)
265.142(c)
265.142(d)








                                       A-54

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
FINANCIAL ASSURANCE FOR CLOSURE
options:
closure trust fund
surety bond guarantee-
ing payment into a
closure trust fund
closure letter of
credit
closure insurance
financial test and
corporate guarantee
for closure
use of multiple
financial mechanisms
use of a financial
mechanism for multi-
ple facilities
release of the o/o
from the requirement
of this section
265.143(a)
265.143(b)
265.143(c)
265.143(d)
265.143(e)
265.143(f)
265.143(g)
265.143(h)














•
1
COST ESTIMATE FOR POST-CLOSURE CARE
annual cost of post-
closure monitoring
and maintenance
adjust for inflation
revise when post-
closure plan changes
kept at facility
265.144(a)
265.144(5)
265.144(c)
265.144(d)







-
FINANCIAL ASSURANCE FOR POST-CLOSURE CARE
options a-e:
post-closure trust fund
surety bond guarantee-
ing payment into a
post-closure trust fund
post-closure letter
of credit
post-closure insurance
financial test and
corporate guarantee
for post-closure care
265.145(a)
265.145(b)
265.145(c)
265.145(d)
265.145(e)










                                       A-55

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
use of multiple
financial mechanisms
use of a financial
mechanism for mul-
tiple facilities
release of o/o from
the requirements of
this section
RCRA CITE
265.145(f)
265.145(g)
265.140(h)
STATE AUTHORITY
STATUTE REGULATION



IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN



USE OF A MECHANISM FOR FINANCIAL ASSURANCE OF BOTH CLOSURE AND POST-CLOSURE CARE
funds must be equal
to sum if separate
mechanisms used
265.146(a)


LIABILITY REQUIREMENTS
coverage for sudden
accidental occurrences
coverage for non-sudden
accidental occurences
request for varience
adjustments by the
Director
period of coverage
financial test for
liability
endorsement/certi f i cate
option expires 10/16/82
265.147(a)
265.147(b)
265.147(c)
265.147(d)
265.147(e)
265.147(f)
265.147(q)






N/A 	
.






INCAPACITY OF 0/0,  GUARANTORS.  OR FINANCIAL INSTITUTIONS
incapacity of o/o
or guarantor
incapacity of financial
institution
265.148(a)
265.148(b)




                                       A-56

-------
                               CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                     SUBPART I - USE AND MANAGEMENT OF CONTAINERS
APPLICABILITY
storage
265.170


CONDITION OF CONTAINERS
action when not good
265.171


COMPATIBILITY OF WASTE WITH CONTAINER
requirement
265.172


MANAGEMENT OF CONTAINERS
kept closed
handled with care
265.173(a)
265.173(b)



A
w
INSPECTIONS
required
265.174


SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
distance to property
1 ine
265.176


SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
same container
unwashed container
separation/protection
265.177(a)
265.177(b)
265.177(c)






                                      SUBPART J - TANKS
APPLICABILITY
treatment
or
storage
265.
190


GENERAL OPERATING REQUIREMENTS
compliance with
265.17(b)
265.192(a)

i
                                       A-57

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
restrictions
freeboard
continuous feed
RCRA CITE
265.192(b)
265.192(c)
265.192(d)
STATE AUTHORITY
STATUTE REGULATION



IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN



WASTE ANALYSIS AND TRIAL TESTS
added requirements when
wastes are new or pro-
cess is changed
265.193


INSPECTIONS
o/o requirements
265.194


CLOSURE
removal
requirement
265.197

»
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
limits/conditions to
place in a tank
NFPA requirements
265.198(a)
265.198(b)




SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
in same tank
in unwashed tank
265.199(a)
265.199(b)




                              SUBPART K - SURFACE IMPOUNDMENTS
GENERAL OPERATING REQUIREMENTS
Freeboard
265.222


CONTAINMENT SYSTEM
earth dikes
265.223


WASTE ANALYSIS AND TRIAL TESTS
added requirements when
wastes or processes are
different
265.225


                                       A-58

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
INSPECTIONS
0/0
inspections
265.226


CLOSURE AND POST-CLOSURE
remove materials
demonstrate no hazard
post-closure
265.228(a)
265.228(b)
265.228(c) .






SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
limi
tat ions
on
P1
acement
265.
229
.

SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
prohibition
265.230


                                   SUBPART L - WASTE PILES
APPLICABILITY
treatment or storage
265.250


PROTECTION FROM WIND
wind dispersal
control
265.251


WASTE ANALYSIS
requirement
265.252


CONTAINMENT
to control leachate/
run-off
control rain, run-on,
free liquids
265.253(a)
265.253(b)




SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
prohibition & exceptions
265.256


                                       A-59

-------
                               CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
placed in same pile
separati on/protecti on
decontamination
265.257(a)
265.257(b)
265.257(c)






CLOSURE AND POST-CLOSURE CARE
remove materials
post-closure care
265.258(a)
265.258(b)




SUBPART M - LAND TREATMENT
GENERAL OPERATING REQUIREMENTS
conditions for land
treatment
run-on control
run-off control
collection and holding
facilities
wind dispersal control
265.272(a)
265.272(b)
265.272(c)
265.272(d)
265.272(e)





„




WASTE ANALYSIS
EP toxicity
any listed waste
food chain crops
265.2'73(a)
265.273(b)
265.273(c)






FOOD CHAIN CROPS
notification
required demonstration
demonstration data
conditions re:
cadmium waste
265.276(a)
265.276(b)(l)
265.276(b)(2)
265.276(c)








                                       A-60

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
UNSATURATED ZONE (ZONE OF AERATION) MONITORING
monitoring plan
requi rement/purpose
plan contents
demonstration
availability of plan
further analyses
265.278(a)
265.278(b)
265.278(c)
265.278(d)
265.278(e)





•




RECORDKEEPING
requirement
265.279


CLOSURE AND POST CLOSURE
objectives ofjlans
factors needed to meet
pjan objectives
methods to address
pjan objectives
added closure
requirements
alternate closure
certification
added post-closure
requirements
265.280(a)
265.280(b)
265.280(c)
265.280(d)
265.280(e)
265.280(f)







4




SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
conditions for treatment
alternate conditions
265.281(a)
265.281(b)




SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
conditions
265.282


                                    SUBPART N - LANDFILLS
APPLICABILITY
disposal, including wast
piles used for disposal
|265.
300
                                       A-61

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
GENERAL OPERATING REQUIREMENTS
run-on control
run-off management
collection and holding
facilities
wind dispersal control
265.302(a)
265.302(b)
265.302(c)
265.302(d)








SURVEYING AND RECORDKEEPING
cell location
cell contents
265.309(a)
265.309(b)




CLOSURE AND POST-CLOSURE
final cover
closure, post-closure
objectives
factors needed to meet
plan objectives
added post-closure
requirements
265.310(a)
265.310(b)
265.310(c)
265.310(d)








SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
conditions for disposal
containerized ignitable
wastes
solid ignitable wastes
in containers
265.312(a)
265.312(b)
265.312(c)






SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
prohibition
265-. 313


SPECIAL REQUIREMENTS FOR LIQUID WASTE
conditions for bulk/
free liquid placement
conditions for contain-
erized liquid placement
SPECIAL REQUIREMENTS FOR
empty containers
265.314(a)
265.314(b)




CONTAINERS
265.315(a)


                                       A-62

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB PACKS)
inside container
shipping container
absorbent material
incompatible waste
reactive waste
265.316(a)
265.316(b)
265.316(c)
265.316(d)
265.316(e)






•



WASTE ANALYSIS
                                  SUBPART 0 - INCINERATORS
APPLICABILITY
treatment
exemptions
265.340(a)
265.340(b)
*



J
heating value
halogen and sulfur
content
lead and mercury
content
265.341(a)
265.341(b)
265.341(c)






GENERAL OPERATING REQUIREMENTS
start-up and
shut-down
265.345


MONITORING AND INSPECTIONS
monitoring
daily inspections
265.347(a)
265.347(b)




CLOSURE
residue removal
265.351


                             SUBPART P - THERMAL TREATMENT
APPLICABILITY
thermal treatment in
other than incinerators
265.370


                                       A-63

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
GENERAL OPERATING REQUIREMENTS
requirements
265.373


WASTE- ANALYSIS
heating value
halogen and sulfur
content
lead and mercury
265.375(a)
265.375(b)
265.375(c)






MONITORING AND INSPECTIONS
o/o requirements
265.377


CLOSURE
residue
removal
265.
381


OPEN BURNING; WASTE-EXPLOSIVES
exceptions
265.382


               SUBPART Q - CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT
APPLICABILITY
treatment in other than
tanks, surface impound-
ments & land treatment
faci 1 ities
265.400


GENERAL OPERATING REQUIREMENTS
comply with 265.17(b)
wastes/ reagents
continuous fed process
265.401(a)
265.401(b)
265.401(c)






WASTE ANALYSIS AND TRIAL TESTS
additional requirements
265.402


INSPECTIONS
o/o requirements
265.403


                                       A-64

-------
                              CHECKLIST IV B (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
CLOSURE
residue removal
265.404


SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
placement
requirements
265.405


SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
in same process
unwashed equipment
265.406(a)
265.406(b)




                           SUBPART R - UNDERGROUND INJECTION
APPLICABILITY
o/o exclusions
application criteria
265.430(a)
265.430(b)


m
V
                                       A-65

-------
                                                OSWER  DIRECTIVE  #9540.00-9
                                      CHECKLIST  V

                                PERMITTING  REQUIREMENTS
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                               PART  270  -  PERMIT  PROGRAM
                            SUBPART A  - GENERAL  INFORMATION
PURPOSE AND SCOPE OF SUBPART  B
specific inclusions
t specific exclusions
t further exclusions
t less than entire
facility
270.1(c.)(l)
270.1(0(2)
270.1(0(3)
270.1(0(4)






.

EFFECT OF A PERMIT
compliance with permit
property rights/
privilege
270. 4(a)
270. 4(b)




NONCOMPLIANCE REPORTING BY THE DIRECTOR
* quarterly reports
* annual reports
* schedules
270. 5(a)
270. 5(b)
270. 5(O






SUBPART B - PERMIT APPLICATION
APPLICATION FOR A PERMIT
permit application
who applies/signs
* completeness
information
requirements
270.10(a)
270.10(b)
270.10(c)
270.10(d)








t Optional  requirement -  see  discussion on page A-2.
* Procedural  requirement  -  see  discussion on page A-l.
                                      A-66

-------
                                CHECKLIST V (continued)
FEDERAL REQUIREMENT
existing HWM facilities
new HWM facilities
updating applications
reapplications
recordkeeping
RCRA CITE
270.10(e)
270.10(f)
270.10(g)
270.10(h)
270.10(1)
STATE AUTHORITY
STATUTE REGULATION





IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN





SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS
applications
reports
changes to
authorization
certification
270.11(a)
270. ll(b)
270.11(c)
270.11(d)





*

m
CONFIDENTIALITY OF INFORMATION
*
deni
al
of
cl
aim
270.
12(b)


CONTENTS OF PART A1
1 ati tude/1 ongi tude
name, address, telephone
new/existing
exi sti ng/1 ocations
existing/photos
processes
wastes
270.13(b)
270.13(e)
270.13(g)
270.13(h)
270.13(1)
270.13(j)
270.13(10














CONTENTS OF PART B1
general information
requirements
270.14(b)


* Procedural requirement - see discussion on page A-l.
1 Contents of Application - see discussion on page A-2.
                                       A-67

-------
                                CHECKLIST V (continued)
FEDERAL REQUIREMENT
additional information
requirements
specific information
requirements
RCRA CITE
270.14(c)
270.15-21
STATE AUTHORITY
STATUTE REGULATION


IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN


                             SUBPART C - PERMIT CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
duty to comply
duty to reapj>ly
need to halt or reduce
activity not a defense
duty to mitigate
proper 0 & M
permit actions
property rights
duty to provide
information
inspection and entry
monitoring and records
signatory requirement
reporting requirements
270.30(a)
270.30(b)
270.30(c)
270.30(d)
270.30(e)
270.30(f)
270.30(g)
270.30(h)
270.30(i)
270.30(j)
270.30(k)
270.30(1)
















»







REQUIREMENTS FOR RECORDING AND REPORTING OF MONITORING RESULTS
equipment/methods
monitoring
reporting
270.31(a)
^ 270.310>)
270.31(c)






ESTABLISHING PERMIT CONDITIONS
* case by-case
* method of incor-
poration
* incorporation
270.32(a)
270.32(b)
270.32(e)






* Procedural  requirement - see discussion on Page A-l.
                                       A-68

-------

FEDERAL

REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
ft
I-KOM hbWTAL
EXPLAIN
SCHEDULES OF COMPLIANCE (Optional)t
general
time for compliance
interim dates
reporting
270.33(a)
270.33(a)(l)
270.33(a)(2)
270.33(a)(3)







-
                            SUBPART D - CHANGES TO PERMITS
TRANSFER OF PERMITS
transfers by
modification
270.40(a)


MAJOR MODIFICATION OR REVOCATION AND REISSUANCE OF PERMITS
causes for modification:
alteration
information
new regulations
compliance schedules
others
causes for modification
or revocation and
reissuance
facility siting
270.41(a)(l)
270.41(a)(2)
270.41(a)(3)
270.41(a)(4)
270.41(a)(5)
270. 41(b)
270.41(c)









w




TERMINATION OF PERMITS
causes
* termination procedures
270.43(a)
270.43(b)




SUBPART E - EXPIRATION AND CONTINUATION OF PERMITS
DURATION OF PERMITS
* maximum ten year term
* extension or
modification
t less than full term
270.50(a)
270.50(b)
270.50(c)




^
^
* Procedural requirement - see discussion on page A-l.
t Optional requirement - see discussion on page A-2.
                                       A-69

-------
                               CHECKLIST V (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                         SUBPART F - SPECIAL FORMS OF PERMITS
PERMITS BY RULE t
ocean disposal
injection wells
POTWs
270.60(a)
270.60(b)
270.60(c)






EMERGENCY PERMITS t
conditions
for
issue
270.
61


HAZARDOUS WASTE INCINERATOR PERMITS t
permit
conditions
270.
62

-
PERMITS FOR LAND TREATMENT DEMONSTRATIONS USING FIELD TEST OR LABORATORY ANALYSES t
requirements
270.63


                              SUBPART G - INTERIM STATUS t
INTERIM STATUS
qualifying
facility operation
changes
termination
270.70
270.71
270.72
270.73








                       PART 124 - PROCEDURES FOR DECISIONMAKING
                        SUBPART A - GENERAL PROGRAM REQUIRMENTS
APPLICATION FOR A PERMIT
requirements
124. 3(a)


t Optional requirement - see discussion on page A-2.
                                       A-70

-------
                               CHECKLIST V (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
MODIFICATION, REVOCATION AND REISSUANCE OR TERMINATION OF PERMITS
initiator
modify/revoke
procedures
* termination
procedures
124. 5(a)
124. 5(c)
124. 5(d)






DRAFT PERMITS
* decision to prepare
draft
* contents of draft
permit
* fact sheet
124. 6(a)
124. 6(d)
124. 6(e)






FACT SHEET
* criteria & recipients j
* 'contents
124.8(a)
124. 8(b) -



*
PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD
* scope
* timing
* methods
* contents
* additional notice
124.10(a)(l)
( i 1 ) , ( 1 i i ) ,
(iv)
124.10(b)
124.10(c)
124.10(d)
124.10(e)










PUBLIC COMMENTS AND REQUESTS FOR PUBLIC HEARINGS
procedures
124.11


PUBLIC HEARINGS
* criteria for holding
124.12(a)


RESPONSE TO COMMENTS
* response when final
permit is issued
* availability to public;
124.17(3)
124.17(c)


^
'
* Procedural requirement - see discussion on page A-l
                                       A-71

-------
                                 APPENDIX B

                          FINANCIAL RESPONSIBILITY
Introduction


     The State program requirements must be "equal in effect" to the Federal
requirements  for  financial  assurance of closure  and  post-closure care, and
the accompanying  requirements for closure  and post-closure cost estimates,
promulgated  at  47 FR  15047-74 (April  7, 1982),  and  liability coverage for
third party  claims,  promulgated  at  47  FR  16554-61  (April  16, 1982).  EPA
will exercise some flexibility in its review of State financial responsibil-
ity requirements.   However, EPA's experience has been that  financial respon-
sibility requirements  must  be precise and detailed to achieve  certainty and
adequacy of  funding  for closure, post-closure care,  and third party  claims
for personal injury and property damage.

     A State  may  choose to implement more stringent  financial  requirements,
or  it  may choose  to eliminate  optional  requirements.    In these cases EPA
will review  and reconcile the differences with  the  Federal standards.  EPA
will also  allow States  whose regulations  governing  financial institutions
contravene  the  EPA  forms  for financial instruments  to  modify the EPA lan-
guage of the instruments so long as the effect of the instruments  is  equiv-
alent to that of the EPA-specified instruments.


Acceptable Surety Companies


     The Federal  regulations  specify that the surety company  issuing  a bond
must, at a  minimum,  be among those listed as  acceptable  sureties on Federal
bonds  in Circular  570  of  the U.S.   Department  of the  Treasury.   However,
several  States specifically  regulate  and approve  surety  companies   doing
business  in their States.   EPA will  allow those  States  to  set  their own
qualification standards  for sureties which issue bonds  to  owners and  opera-
tors to meet the financial  responsibility requirements.


Additional Mechanisms
     States may  utilize  additional  mechanisms which are  equivalent  to  those
specified  in  264 and 265 Subpart H.  The basic concerns  for  equivalence  are
the extent and security of coverage.

     States  may  wish,   for  example,  to consider two  financial assurance
mechanisms which EPA does not have authority  to  effect —  cash  deposits  and
certificates"  of  deposit.   A  State regulation  using  either of  these  two
mechanisms may  require  an immediate payment in the full  amount  of the  cost-
estimate,  or  that payments  be made over a  pay-in period  no  longer  than  the
EPA trust  fund pay-in period.  These requirements  will  ensure that the  funds
for  closure   and post-closure  care will  be  readily  obtained  in  event  of

                                    B-l

-------
default.    However,  while  these financial  instruments  would meet  the  EPA
requirements, they may  not be feasible for owners  and operators because of
the large amounts of cash required.
     States which choose  to  allow cash deposits or  certificates  of deposit
must meet  standards equivalent  to  those incorporated in  the  Federal  stan-
dards for financial  assurance mechanisms:

     1.    The bank  or  financial  instutuion  holding the cash deposit or
          certificate  of  deposit must  be  regulated and  examined by a
          Federal or State agency.   The cash deposit or certificate of
          deposit must be established at least 60 days before hazardous
          waste is first received at a new facility.

     2.    The  State must  be the  beneficiary of  the cash  deposit or
          certificate  of  deposit.   The State must be empowered to draw
          upon  the  funds  if the  owner or  operator fails  to  perform
          closure or post-closure care in  accordance with the applica-
          ble plans or interim status requirements.

     3.    The State  must require that the  owner  or operator  make an
          immediate deposit in the full amount of the cost estimate, or
          that payments be made  purusant to a pay-in period that is no
          longer than  the Federal  trust pay-in periods for closure and
          post-closure  care  set  forth  in  40  CFR §§264.143(a)  and
          264.145(a);  265.143(a); and 265.145(a), respectively.

     4.    The State  must  require that the cash  deposit  or certificate
          of deposit cannot be terminated unless:

          (a)  the  financial  institution provides  advance notice, and

          (b)  the State  indicates that:

               (1)  the owner  or operator  has performed closure/post-
                    closure to the State's satisfaction, or
               (2)  the owner or operator  has established an alternate
                    financial  assurance mechanism  in accordance with
                    the State's regulations.

     5.    The  State must  require that  the  cash  deposit  or certificate
          of  deposit  cannot  be  cancelled:   (1) while  proceedings to
          enforce  regulatory compliance  are  pending,  and  (2)  in the
          event  of  transfer  of  ownership or operation of the facility,
          until the successor owner or operator has  established his own
          financial  assurance mechanism in  accordance with the State's
          regulations.

     Due to the precise nature of the  financial responsibility  requirements,
and" the various  approaches  taken  by  State programs,  a  guidance document
titled   Equivalency of State Financial Responsibility Mechanisms   has  been
developed  by  EPA to help evaluate  numerous  financial mechanisms  for equiva-
lence.   This  document also  discusses  overall  State program equivalence  in
the  financial responsibility area.  For further guidance  in  this  area  please
refer to this document at the end of  this Appendix.

                                    B-2

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                     OSWER DIRECTIVE #9540.00-9
EQUIVALENCY OF STATE FINANCIAL
   RESPONSIBLITY MECHANISMS
        DRAFT DOCUMENT
    FOR AGENCY REVIEW ONLY
         Prepared by:
       ICF Incorporated
        September 1982
            B-3

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                             Table of Contents



                                                                        Page

Introduction 	    1

Equivalence for Purposes of State Program Authorization 	    2

Equivalence of State-Required ^lechanisms Used to Comply with the
Federal Regulations  	i	    3

Fundamental Criteria for Equivalence Determinations 	    4

    Certainty and Availability of the Funds 	    4
    Amount of Funds 	    5
    Time Limits 	    6
    Allowable Mechanisms 	    7
    Cost Estimates	   8

Further Information 	    8

Equivalency Criteria for Trust Funds 	    9

Equivalency Criteria for Surety Bonds.	   11

Equivalency Criteria for Letters of Credit 	   13

Equivalency Criteria for Standby Trust Funds 	   15

Equivalency Criteria for Closure or Post-Closure Insurance 	   17

Equivalency Criteria for Financial Test and Corporate Guarantee
for Closure or Post-Closure Care . . /	   19

Equivalency Criteria for Cash Deposits and Certificates
of Deposit for Closure or Post-Closure Care 	   22

Equivalency Criteria for Escrows for Closure or
Post-Closure Care	   23

Equivalency Criteria for Liability Insurance 	   25

Equivalency Criteria for Financial Test for Liability
Coverage 	   27

Equivalency Criteria for State Assumptions of Responsibility
of Closure or Post-Closure Care or Liability Coverage 	   29

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        EQUIVALENCY OF  STATE FINANCIAL RESPONSIBILITY REQUIREMENTS


Introduction

    In issuing financial responsibility standards under RCRA,  the  Agency
determined that such requirements are (1)  necessary to assure  that funds will
be available for proper closure of all hazardous waste management  facilities,
and for 30 years of post-closure care of land disposal facilities, and (2)
desirable, in the case of liability coverage, to assure that funds will be
available during the operating life of a facility from which third parties  can
be compensated for bodily injury and property damage arising from  operation of
the facility.  These determinations are based on extensive analysis and review
of public comments and consequently define the scope,  purpose,  and function of
any state financial responsibility regulations under RCRA.

    States seeking authorization to administer their hazardous  waste programs
in lieu of the federal RCRA program either have or will have financial
requirements.  States that are not seeking such authorization,  however, may
also enact financial responsibility requirements applicable to  owners and
operators of hazardous waste management facilities.  In either  instance, in
reviewing state financial responsibility requirements, the key  criterion is
equivalence to the federal requirements.

    The review of equivalency of financial responsibility requirements is
necessarily somewhat more judgmental than is the case for other hazardous
waste management standards.  While the federal regulations (40  CFR Parts 264
and 265, Subpart H) serve as a benchmark,  the use of more flexible criteria is
essential for two reasons:

         (1)  States often have more restrictive or curtailed
              enabling statutes with respect to financial
              responsibility that make it difficult to track the
              federal requirements; and

         (2)  Equivalency of outcome or performance of financial
              assurance is more important than equivalency of
              methods.

    The concept of equivalency originates in Section 3006 of RCRA.  That
section provides for the authorization of state hazardous waste programs that
are equivalent to the federal program.  It also provides for the  interim
authorization of existing state programs that are "substantially equivalent"
to the federal program.  The concept of equivalence also appears  in the
Agency's financial responsibility regulations at 40 CFR 264/265.149 and
264/265.150.  Those regulations permit owners or operators to use
state-required mechanisms for financial responsibility or state assumptions of
responsibility to meet federal requirements, in whole or part,  if the
state-required mechanisms are equivalent to the federal provisions.  Thus
equivalence evaluations may be performed in two contexts:  (1)  as part of the
review of state financial regulations for interim or final program
authorization or (2) as part of the review of an owner's or operator's

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                                   -2-
cbmpliance with federal requirements in states without authorization that have
financial requirements.l

    Therefore, this guidance has a dual purpose.   It addresses:

         (1)  determining equivalence of a state's regulatory scheme
              for financial responsibility in the RCRA program
              authorization context, and

         (2)  determining equivalence of individual mechanisms in
              the 264.149/150 and 265.149/150 context for the owner
              or operator who must comply with both federa-1 and
              state requirements.

    These two topics are addressed next in more detail.

Equivalence for Purposes  of State Program Authorization

    Pursuant to RCRA §3006(b), for a state program to receive final
authorization, it must (1) be "equivalent" to the Federal program, (2) be
consistent with the Federal program and the programs of other authorized
states, and (3) provide adequate enforcement.  EPA has interpreted the term
"equivalent" to mean "equal in effect."  (See 45 Fed. Reg. 6753; January 29,
1980).  Moreover, pursuant to RCRA §3009, states may impose "any requirements
... which are more stringent than those imposed" by the Federal regulations,
but may not impose any requirements less stringent than the Federal
requirements.  In the context of financial responsibility, EPA will make
judgments of the legal efficacy of the various financial mechanisms in a
state's program which owners and operators may use to demonstrate compliance;
the Agency intends that, for a state program to receive final authorization,
the program include requirements no less than "equal in effect" to the Federal
requirements for financial assurance of closure and post-closure care, and the
accompanying requirements for closure and post-closure cost estimates,
promulgated at 47 Fed. Reg. 15047-74 (April 7, 1982), and liability coverage
for third party claims, promulgated at 47 Fed. Reg. 16554-61  (April 16, 1982).

    Pursuant to RCRA §3006(c), for a state program to receive interim
authorization, it must be found to be "substantially equivalent" to the
Federal program.  The Agency has interpreted substantial equivalence to mean
"to a  large degree or in the main, equal in effect."   (See 45 Fed. Reg. 6754;
January 29, 1980).  Moreover, RCRA §3009 was clearly not intended to mandate
application of a "no less stringent" standard to a state seeking only  interim
authorization.   (See 45 Fed. Reg. 33391; May 19, 1980).  Thus it is possible
that EPA could grant interim authorization to a state program where the
     *For facilities in states without RCRA authorization but with  financial
responsibility requirements applicable to hazardous waste management
facilities, owners or operators must comply with both  federal  and  state
regulations.

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                                   -3-
financial mechanisms allowed under the program were less than "equal in
effect" to the April 1982 Federal regulations cited above.

    For both interim and final authorization, a state financial responsibility
regulatory program should contain the following components:

         (1)  regulations concerning cost estimates  for  closure
              and post-closure care, and

         (2)  regulations describing allowable mechanisms and the
              conditions of their use (e.g., combinations of
              mechanisms, eligibility of insurers, incapacity of
              institutions).

    Below, equivalence criteria for cost estimate regulations are set forth.
Later in this document, specific equivalence criteria for individual state
financial mechanisms are provided.  These criteria are all based on the
benchmarks provided by Subpart H of 40 CFR Parts 264 and 265.

    Where the types of allowable mechanism's or their specific provisions
(e.g., financial test criteria) are not defined by state statute, the state
regulations must define the specifics of each allowable mechanism in order
that EPA can make a determination of equivalence.  Also, where a state program
allows types of financial responsibility mechanisms that are not allowed by
the federal program, the equivalence criteria included in this document should
be consulted.  The Agency expects that several states will seek to allow
mechanisms such as escrows, cash deposits, and certificates  of deposit which
are not allowed in the federal program.  (For an explanation of why these
mechanisms haven't been provided in the federal program, see the Preamble at
46 Fed. Reg. 2827 (January 12, 1981).)

Equivalence of State-Required  Mechanisms Used to Comply
with the Federal Regulations

    When an owner or operator wishes to use a state-required mechanism or a
state assumption of responsibility to comply with federal requirements, the
determination of equivalence is the responsibility of the EPA Regional
Administrator.  This situation will only occur in states that do not have
authorization but do have state-required financial mechanisms or state
assumptions of responsibility.  In these situations, equivalence should be
determined using the criteria discussed below both for cost estimates and for
the specific assurance mechanism being used for compliance.   These criteria
are based on the benchmarks provided by Subpart H of 40 CFR Parts 264 and 265.

    In addition to evaluating the equivalency of the mechanism, the Regional
Administrator may only approve use of a state-required mechanism if the
instrument has been executed.  To do otherwise would result in a gap in
coverage which must be avoided.  This is in contrast to the program
authorization context where financial responsibility requirements may be
determined to be equivalent or substantially equivalent prior to the effective
date of the requirements, although a State program may not be granted
authorization until the State's regulations are effective.

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                                   -4-
Fundamental Criteria for Equivalence Determinations

    Inherent in- the federal financial assurance regulations are two criteria
which are fundamental for evaluating equivalence:

         (1)  Certainty of the availability of funds through a
              financial mechanism must be at least equivalent, and

         (2)  The  amount of funds assured by a financial
              mechanism must be at least equivalent.

    These criteria reflect the Agency's policy that the funds must be
available in the appropriate amounts when needed.   The criteria are equally
applicable when evaluating equivalence in the program authorization context
and in the federal/state compliance context.  The first criterion is more
difficult to evaluate than the second.   Of key importance for certainty
will be the protection of the funds against claims of creditors, the initial
qualifications of financial institutions providing the mechanisms, and
provisions required for future contingencies, including bankruptcy,
cancellation, or changing mechanisms.  With respect to amount of  financial  .
assurance, both the total amount of funds assured as well as the amount
assured at different points,in time are crucial.   These criteria are outlined
next as thresholds that must be satisfied in addition to criteria
appropriate for specific types of mechanisms which are provided later.

    Certainty of Availability of the Funds.  To be deemed equivalent in
terms of certainty, state financial requirements  must include minimal
qualifications for the parties to mechanisms of financial responsibility and
other provisions, as follows:

         (1)  provision that Regional Administrator or State
              Director2 has the sole authority to direct the
              payment or use of funds assured whenever needed;
    2The phrase "Regional Administrator or State Director" is used in this
document because most state mechanisms are expected to name a state agency as
beneficiary.  Due to the variety in state agencies and their authorities, the
specific "State Director" may vary from state to state (e.g., Attorney
General, Director of Office of Environmental Protection, Public Health
Commissioner, State Treasury Department, etc.)  The term "State Director" is
defined in 40 CFR 122.3.  As long as a state agency or official (or the EPA
Regional Administrator) is designated as having the power to direct or
authorize use of financial assurance, the mechanism should be deemed
equivalent, in that respect.  However, where two or more state agencies are
responsible for administration of financial assurance mechanisms, the "lead"
agency should consider establishing an inter-agency memorandum of
understanding to clearly delineate the respective roles and responsibilities
of each agency.

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                                   -5-
          (2)  qualifications for participating financial
              institutions, surety companies, and insurers -- these
              institutions and their relevant activities (i.e.,
              trust fund operations) must be subject to some
              regulatory oversight or licensing procedures

          (3)  qualifications for guarantors -- including
              satisfaction of a financial test and being th«
              corporate parent of the owner or operator

          (4)  qualifications for owners or operators using a
              financial test -- including independently audited
              financial statements

          (5)  substitution of alternate financial assurance within a
              defined time period in the event the required
              qualifications are no longer satisfied (for example,
              including the bankruptcy of the financial institution,
              corporate guarantor, or insurer);

          (6)  notification within a limited time period after the
              commencement of a bankruptcy proceeding naming the
              owner or operator as debtor;

          (7)  notification within a limited time period of intent to
              cancel, terminate, or ailow to lapse a financial
              assurance mechanism;

          (8)  provision that an existing mechanism will not be
              cancelled, terminated, or allowed to lapse until a
              defined time period has elapsed, or alternate
              assurance has been provided, or the owner or operator
              has .been released from financial requirements;

          (9)  provision that the mechanisms cannot be cancelled or
              terminated upon commencement of a compliance action;
             . and

          (10) no restrictions on order of use of mechanisms if more
              than one mechanism provides assurance for a given
              facility.

These provisions are further specified in the equivalency criteria for
specific  financial responsibility mechanisms.

    Amount of Funds.   In  general,  the  amount  of  funds  assured  for  closure
and/or post-closure care must be equal to the current cost estimate(s) and the
liability coverage demonstrated must be at least equal to the amounts required
by RCRA liability requirements,  exclusive of legal defense costs.  An
exception can be made for owners and operators using trust funds for
closure/post-closure assurance;  the full amount need not be available if the

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                                   -6-
owner or operator is in the pay-in period for the trust fund.  (See, e.g.,
264/265.143(a)(3).)  In that case, an increasing amount will be assured each
year.  For all other mechanisms alone or in combination, the amounts assured
must always meet the total RCRA requirements at all times.

    Thus, with respect to the amount, of  funds  assured,  the  following
criteria must be met:

         (1)  The amount assured must equal the latest cost estimate
              for closure and/or post-closure care in full,  unless
              the trust fund mechanism is being used.

         (2)  If a trust fund is'used, the initial and subsequent
              payments must assure an amount of closure and/or
              post-closure funds each year that in the aggregate is
              no less than that required by the federal formula.

         (3)  If a trust fund pay-in period is used,  it must not be
              longer than that allowed under the federal regulations.

         (4)  The amounts of funds assured for different identified
              facilities and purposes (i.e., closure, post-closure
              care, liability) must be specifically identified in
              the instrument or by an attachment to the instrument.

         (5)  The Regional Administrator or State Director must have
              exclusive authority over disbursements  of funds.

         (6)  The funds cannot be used for other purposes (e.g.,
              payment of fines).

         (7)  The Regional Administrator or State Director must
              approve in writing any decreases in the amounts of
              assurance provided.

         (8)  The Regional Administrator or State Director must have
              the authority to withhold a portion of the
              reimbursement for closure expenses if deemed necessary.

    The federal regulations allow owners or operators to use combinations of
mechanisms to provide the required amount of assurance.  States can do
likewise.  So long as each mechanism is equivalent in terms of certainty of
the funds, the focus is properly on the total amount assured by the
mechanisms.  See 40 CFR 264/265.143(g).

    Time  Limits.  Time limits in state financial mechanisms may not always
parallel the federal requirements.  This does not necessarily mean that the
state mechanisms are not equivalent.  Jipwever, the federal regulations are
based on considerations of the  legal and practical implications of deadlines
that cannot be ignored by state mechanisms.  The ultimate aim must be to

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                                   -7-
ensure that there is no gap in financial 'coverage.  This means that sufficient
time must be allowed for:

         •   providing an alternate mechanism in the event of the
             incapacity, disqualification, or bankruptcy of issuers,
             insurers, and guarantors (e.g., 60 days).

         •   responding to a notice of cancellation or termination
             (e.g., at least 30-60 days)

         •   alternate assurance of funds before a cancellation
             could become e-ffective (e.g., at least 60-90 days)

         •   notifying the Regional Administrator or State
             Director of the commencement of a bankruptcy proceeding
             naming the owner or operator as debtor (e.g., no more
             than 10 days but probably no less)

         •   review by the Regional Administrator or State
             Director of financial assurance submissions for new
             facilities (e.g., at least 10-15 days before first
             receipt of wastes)

    States should be encouraged to follow the deadlines in federal system but
some flexibility may be allowed when determining equivalence.   The period of
post-closure care, however, must be a* least thirty years.

    Allowable Mechanisms.   Current  federal  regulations allow  use of trust
funds, surety bonds, letters of credit, insurance, a financial test, corporate
guarantees, and state assumptions of responsibility.  Some states may allow
owners or operators to demonstrate financial responsibility using mechanisms
not currently allowed under RCRA standards.   Specifically, these might include:

         •   cash deposits
         •   certificates of deposit
         •   escrow accounts

    The equivalency of cash deposits or certificates of deposit can be
assessed using the federal trust fund requirements as a touchstone.  Thus,
pay-in periods, payment formulae, and rules  for reimbursement of expenses must
be at least as stringent as under the federal regulations.  Where state
regulations require immediate deposit of the full amount, the focus should
shift to whether further payments are required to keep pace with later
increases in cost estimates.  Equivalency criteria for cash deposits and
certificates of deposit are presented later  in this document.

    An escrow is similar to a trust arrangement but it has a somewhat
different legal effect.  Although the depositary institution is not a trustee,
it is a fiduciary (as is a trustee)  and its  actions are governed by an escrow
agreement that should resemble the trust agreement.  The key-terms and
responsibilities must be spelled out in the  agreement; an escrow agent has no

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                                   -8-
discretion and must follow the instructions of "the escrow agreement to the
letter.  Equivalency criteria for escrows are presented later in this docume

    Cost Estimates.  To be equivalent to federal requirements, state
financial responsibility programs and mechanisms must incorporate equivalent
rules for estimating the costs of closure and post-closure care that are to be
assured.  The evaluation of equivalency will depend on affirmative answers to
the following questions:

         (1)  Must cost estimates for closure and post-closure be
              based on closure and post-closure plans?

         (2)  Must cost estimates be revised accordingly whenever
              changes in closure or post-closure plans would
              increase cost estimates?

         (3)  Must the closure cost estimate equal the cost of
              closure at the point in the facility's operating life
              when closure would be the most expensive?

         (4)  Must the cost estimates be adjusted for inflation at
              least annually during the operating life of the
              facility using a specified inflation' factor?

         (5)  Must the latest cost estimate based on the closure
              and/or post-closure plaa-(s) and the latest adjusted
              cost estimate(s) be kept at the facility?

    The rest of this document sets forth a series of criteria for determining
the equivalency of individual state financial assurance mechanisms.  Closure
or post-closure mechanisms allowed by the federal regulations are addressed
first, followed by mechanisms.not allowed in. the current federal regulations,
concluding with liability coverage mechanisms and state assumptions of
respons ibility.

Further  Information

    Readers desiring further information should consult the Guidance
Manuals  on  Financial Assurance  for  Closure and Post-Closure  Care and
Liability Coverage and the Background Documents  cited there.

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                                   -9-
                EQUIVALENCY CRITERIA FOR STATE TRUST  FUNDS


    EPA will consider the following factors^ in determining whether a state-
required trust fund is "equivalent" or "substantially equivalent" to the
financial mechanisms prescribed in the federal regulations.  As a general
rule, most, if not all of the following questions must be answered "yes" for
the state-required trust fund to be considered "equivalent" or "substantially
equivalent."

    1.  Is the trustee required to be an entity that has authority to act as
trustee and whose trust operations are regulated and examined by a federal or
state agency?

    2.  Does the trust agreement or an attached schedule list and identify th
facilities and the amount of the closure and/or post-closure cost estimates
covered for each facility?

    3.  Is the owner or operator required to update the list of facilities an
closure and/or post-closure cost estimates after each change in cost estimate

    4.  Does the owner or operator remain liable at all times for the full
amount of closure and/or post-closure expenses?

    5.  Is the trust irrevocable  except upon  agreement of  the owner  or
operator, the trustee, and the Regional Administrator or State Director?

    6.  Does the trust agreement prohibit trustees from investing in
securities of the owner or operator or parent corporations or their
affiliates?  (federal regulations include this prohibition in addition to the
general "prudent man" standard.   See 40 CFR 264.151(a)(1).)

    7.  For new facilities to be permitted,  must the trust agreement be
submitted to the Regional Administrator or State Director before hazardous
waste is first received?

    8.  Must the initial payment be made before hazardous  waste is first
received for new permitted facilities?

    9.  For new permitted facilities,  must a receipt from the trustee for the
first payment be submitted to the Regional Administrator or State Director
before hazardous waste is first  received at  the facility?

    10.   Are the required initial and annual payments at least  as great as
those required by the federal RCRA regulations?  (covers pay-in period or
other formulae)'"
    * For details on the pay-in period and payment formula,  see Chapter III  i:
the Guidance Manual:   Financial Assurance for Closure and  Post-Closure  Care
(1982).

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                                   -10-
    11.  Does the trust agreement require the trustee,  during the pay-in
period, to notify the Regional Administrator or State Director if the owner or
operator fails to make an annual payment into the trust fund?

    12.  Does the trust agreement require the trustee to value the assets in
the trust fund each year and send a statement of valuation and trust activity
to the owner or operator and the Regional Administrator or State Director?

    13.  Is the.owner or operator given at least 90  days following the
trustee's valuation report to object to the trust investment activity?

    14.  May EPA or State Director object at any time to the trust investment
activity?

    15.  Once the pay-in period has expired, must the owner or operator make
additional payments into the trust fund or obtain alternate assurance whenever
the cost estimate changes and becomes greater than the value of the trust fund
during the operating life of the facility?

    16.  Must the owner or operator make arrangements for a new trustee or
obtain other financial assurance when the existing trustee enters bankruptcy,
ceases operations, or loses its authority to act as  a trustee?

    17.  Can the trustee only be changed upon agreement by the owner or
operator, the trustee, and the Regional Administrator or State Director?
                                     »
    18.  Can funds be released from the trust fund only upon instruction of
the Regional Administrator or .State Director and only for the following
reasons:  (1) the value of the trust fund is greater than the current cost
estimate(s); (2) alternate financial assurance is provided; (3) the owner or
operator is released from financial responsibility requirements.

    19.  Must itemized bills for closure and/or post-closure care be submitted
to the Regional Administrator or State Director before reimbursement will be
authorized?

    20.  Where the cost of closure appears to be significantly greater than
the value of the trust fund, is the Regional Administrator or State Director
empowered to withhold reimbursement from the trust until satisfactory
certification of completion of closure is received?

    21.  May the trust be terminated only upon written instruction of the
Regional Administrator or State Director?

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                                   -LI-
                   EQUIVALENCY CRITERIA FOR SURETY BONDS


    EPA will consider the following factors in determining whether a state-
required surety bond is "equivalent" or "substantially equivalent" to the
financial mechanisms prescribed in the federal regulations.  As a general
rule, most, if not all of the following questions must be answered "yes" for
the state-required surety bond to be considered "equivalent" or "substantially
equivalent."

    1.  Is the surety company required to be listed in Circular 570 or
licensed to do business as a surety in the state?

    2.  Does the underwriting limitation in Circular 570 apply?

    3.  Must the surety company be licensed in the state where the surety bond
is signed?

    4.  Are the terras of a required standby trust fund (if any) at least
equivalent to a standby trust fund under the federal RCRA regulations?  (see,
e.g., 40 CFR 264.143(b)(3) and the equivalency criteria for standby trust
funds, below.)

    5.  Must the penal sura of the bond, together with any amount being assured
by other mechanisms be at least equal to the current closure and/or
post-closure cost estimates?

    6.  Must any surety bond that is used at an interim status facility be a
financial guarantee bond?  (performance bonds may not be used under 40 CFR 265
regulations.)

    7.  For new facilities to be permitted, must the surety bond be submitted
to the Regional Administrator or State Director before hazardous waste is
first received for treatment, storage or disposal?

    8.  For new permitted facilities, must the surety bond be effective before
hazardous waste is first received for treatment, storage or disposal?

    9.  When cost estimates increase, must the penal sum of the bond be
increased (and evidence of the increase submitted to the Regional
Administrator or State Director) or alternate financial assurance obtained
within a defined period of time?  (federal regulations allow 60 days)

    10.   Can the penal sum be reduced only if cost estimates decrease and
following written approval of the Regional Administrator or State Director?

    11.   Must the owner or operator obtain alternative financial assurance
within a defined time period after bankruptcy of the surety or removal of the
surety's name from Circular 570?

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                                   -12-
    12.  Must the surety give both the owner or operator and the Regional
Administrator or State Director ample notice before cancellation of the surety
bond will be allowed?  (federal regulations require at least 120 days)

    13.  Will the owner or operator have sufficient time after receipt  of
notice of cancellation to provide alternative financial assurance and obtain
written approval of the new assurance from the Regional Administrator or State
Director?  (federal regulations require at least 90 days)

    14.  Is the surety required to pay the penal sum of a financial guarantee
bond in at least these circumstances:

         a.  The owner or operator has failed to provide funds in
             the amount of the cost estimate for closure and/or
             post-closure care before the beginning of final closure
             of the facility;

         b.  The Regional Administrator, State Director, or a court
             has ordered closure to begin and the owner or operator
             has not provided funds within 15 days; or

         c.  The surety has sent notice of cancellation of the bond
             and the owner or operator has not obtained alternate
             financial assurance within a defined time period?
             (federal regulations allow 90 days)

    15.  Must the surety perform closure and/or post-closure care or pay the
penal sum of a performance bond in at least the following circumstances:

         a.  The owner or operator fails to fulfill its closure
             and/or post-closure obligations, even though closure
             may occur sooner than expected or the requirements in
             the plans, regulations, and/or permit have changed; or

         b.  The surety has sent notice of cancellation of the bond
             and the owner or operator has not obtained alternate
             financial assurance within 90 days?

    16.  May a surety bond only be terminated with the written consent  of the
Regional Administrator or State Director?

    17.  Must itemized bills for closure and/or post-closure care be submitted
to the Regional Administrator or State Director before payment will be
authorized?

    18.  Where the cost of closure appears to be significantly greater than
the amount of available funds, is the Regional Administrator or State Director
empowered  to withhold reimbursement until satisfactory certification of
completion of closure is received?

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                                   -13-
                EQUIVALENCY CRITERIA FOR LETTERS OF  CREDIT
    EPA will consider the following factors in determining whether a state-
required letter of credit is "equivalent" or "substantially equivalent" to the
financial mechanisms prescribed in the federal'regulations.   As a general
rule, most, if not all of the following questions must be answered "yes" for
the state-required letter of credit to be considered "equivalent" or
"substantially equivalent."
                                        >i
    1.  Is the issuer required to be authorized to issue letters of credit,
and must its letter of credit operations|be regulated by a state or federal
agency?

    2.  Are the terms of a required standby trust fund (if any) at least
equivalent to the required standby trust fund under the federal RCRA
regulations?  (see, e.g., 40 CFR 264.143(d)(3) and the equivalency criteria
for standby trust funds, below.)                   :

    3.  Must the letter of credit be irrevocable  for  at  least  a year  and
provide for automatic extensions?

    4.  Does the letter of credit have to be accompanied by a letter or
schedule detailing the coverage for each facility?

    5.  Must the owner or operator submit evidence within a reasonable period
that any cost increases are covered by alternate mechanisms  or increases in
the face amount of the letter of credit?  (federal regulations allow up to 60
days.)

    6.  Must owners or operators obtain alternate financial  assurance within a
specified time if the issuing institution ceases operations,  files for
bankruptcy, or otherwise ceases to qualify?  (federal regulations allow up to
60 days.)

    7.  Must alternate assurance be obtained within a specified time if the
issuer gives notice of nonrenewal of the letter?  (federal regulations allow
up to 90 days.)

    8.  Must the face amount of the letter of credit, together with any amount
being assured by other mechanisms be at least equal to the current closure and
post-closure cost, estimates?

    9.  Must the letter of credit be submitted to the Regional Administrator
or State Director by a specified time  before hazardous waste  is first received
for new permitted facilities?  (federal regulations require  at least 60 days.)

    10.  For new facilities to be permitted,  must the letter  of credit be
effective before hazardous waste is first received for treatment, storage or
disposal?

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                                   -14-
    11.  Can the amount be reduced only if cost estimates decrease and
following written approval of the Regional Administrator or State Director?

    12.  Must itemized bills for closure and/or post-closure care be submitted
to the Regional Administrator or State Director before reimbursement will be
authorized?

    13.  Where the cost of closure appears to be significantly greater than
the amount of funds available under the letter of credit, is the Regional
Administrator or State Director empowered to withhold reimbursement until
satisfactory certification of completion of closure is received?

    14.  Is termination of the letter of credit only allowed if (1) alternate
assurance is provided, or (2) the owner or operator has been released from
closure or post-closure financial requirements?

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                                   -15-
               EQUIVALENCY CRITERIA FOR STANDBY TRUST  FUNDS


    There is an important difference between state and federal legal
authorities which may affect state mechanisms.  Because the U.S.  EPA does not
have the authority to collect, hold or disburse financial assurance funds
itself, the RCRA regulations require the use of a standby trust fund in
conjunction with surety bonds and letters of credit.  Some states, on the
other hand, may not have this restriction, thus they may not need to require  .
standby trust funds.  The lack of standby trust provisions does not
necessarily mean that the state mechanism is not equivalent.  If the state
does require standby trusts, they must meet the equivalency criteria set out
below.

    EPA will consider the following factors in determining whether a state-
required standby trust fund is "equivalent" or "substantially equivalent" to
the financial mechanisms prescribed in the federal regulations.  As a general
rule, most, if not all of the following questions must be answered "yes" for
the state-required standby trust fund to be considered "equivalent" or
"substantially equivalent."
                                                                             »

    1.  Is the trustee required to be an entity that has authority to act as a
trustee and whose trust operations are regulated and examined by a federal or
state agency?

    2.  Does the trust agreement or a* attached schedule list the facilities
and the amount of the closure and/or post-closure cost estimates  covered for
each facility?

    3.  Is the trust irrevocable  except  upon  agreement of the  owner  or
operator, the trustee, and the Regional Administrator or State Director?

    4.  Does the trust agreement prohibit trustees from investing in
securities of the owner or operator or parent corporations?  (federal
regulations include this prohibition in addition to the general "prudent man"
standard.)

    5.  If closure is not performed, does the trust have to be funded by the
letter of credit,  surety bond., or other mechanisms (a) before final closure or
(b) within a specified period after the Regional Administrator, State
Director, or a court orders closure?  (federal regulations allow  15 days.)

    6.  For new facilities to be permitted, must the trust agreement be
submitted to the Regional Administrator or State Director before  hazardous
waste is first received for treatment,  storage or disposal?

    7.  Is the owner or operator given at least 90 days to object to the trust
investment activity?

    8.  May EPA or State Director object at any time to the trust investment
activity?

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                                   -16-
    9.  Must the owner or operator make arrangements for a new trustee or
obtain other financial assurance when the existing trustee enters bankruptcy,
ceases operations,  or loses its authority to act as a trustee?

    10.  Can the trustee only be changed upon agreement by the owner or
operator, the trustee, and the Regional Administrator or State Director?

    11.  Where the  cost of closure appears to be significantly greater than
the amount of funds in the trust, is the Regional Administrator or S-tate
Director authorized to withhold reimbursement until satisfactory certification
of completion of closure is received?

    12.  Must itemized bills for closure and/or post-closure care be submitted
to the Regional Administrator or State Director before payment will be
authorized?

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                                   -17-
        EQUIVALENCY CRITERIA FOR CLOSURE OR POST-CLOSURE INSURANCE
    EPA will consider the following factors in determining whether state-
required closure or post-closure insurance is "equivalent" or "substantially
equivalent" to the financial mechanisms prescribed in the federal
regulations.  As a general rule, most, if not all of the following questions
must be answered "yes" for the state-required closure or post-closure
insurance to be considered "equivalent" or "substantially equivalent."

    1.  Is the insurer required to be licensed to transact the business  of
insurance or eligible as a provider of excess or surplus lines insurance in
one or more states?

    2.  Must the insurance certificate, policy,  or endorsement list the  .
facilities covered and the 'amounts of insurance  for closure and/or
post-closure care assured for each facility?

    3.  Must an insurance.certificate or endorsement be submitted  as evidence
of insurance?
                                                                             »

    4.  Does the insurance policy provide that closure and/or post-closure
funds will be provided whenever closure occurs?

    5.  Does the insurance policy, certificate,  or endorsement provide that
the insurer will be responsible for paying out funds to parties specified upon
the direction of the Regional Administrator or State Director?

    6.  For new facilities to be permitted, must the insurance policy,
certificate, or endorsement be submitted to the  Regional Administrator or
State Director before hazardous waste is first received for treatment, storage
or disposal?

    7.  For new facilities to be permitted, must the insurance policy be
effective before hazardous waste is first received?

    8.  Must the face amount of the policy, together with any amount being
assured by other mechanisms, be at least equal to the current closure and/or
post-closure cost estimates?

    9.  Must the insurance policy provide for automatic  renewal at least at
the face amount of the expiring policy?

    10.  When cost estimates increase, must the  face amount of the policy be
increased accordingly (and evidence of the increase submitted to the Regional
Administrator or State Director) or alternate assurance obtained within  a
defined time period?   (federal regulations allow 60 days)

    11.  Can the face amount only be reduced  when cost estimates decrease and
following written approval of the Regional Administrator or State  Director?

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                                   -18-
    12.  Must the owner or operator obtain alternative financial assurance
within a defined time period following disqualification or liquidation of the
insurer?

    13.  Must the insurer give both the owner or operator and the Regional
Administrator or State Director sufficient notice before cancellation of the
insurance policy will be allowed?  (federal regulations require at least 120
days notice)

    14.  Must cancellation, termination, or failure to renew not occur and
the policy remain in full force and effect in the event that on or before the
date of expiration at least one of the following has occurred:   (1) the
Regional Administrator or State Director has deemed the facility abandoned;  or
(2) the permit is removed or terminated or a new permit is denied; or (3)
closure is ordered by a competent authority (court, Regional Administrator,  or
State Director); or (4) the premium overdue is paid?

    15.  Must itemized bills for closure and/or post-closure care be submitted
to the Regional Administrator or State Director before reimbursement will be
authorized?

    16.  Where the cost of closure appears to be significantly greater than
the face amount of the policy, is the Regional Administrator or State Director
authorized to withhold reimbursement until satisfactory certification of
completion of closure is received?

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                                   -22-
                  EQUIVALENCY CRITERIA FOR  CASH DEPOSITS
                        AND CERTIFICATES OF  DEPOSIT
    EPA will consider the following factors  in determining whether  a  state-
required cash deposit or certificate of deposit is  'equivalent"  or
"substantially equivalent" to the financial  mechanisms  prescribed  in  the
federal regulations.   As a general rule,  most,  if not all  of  the following
questions must be answered "yes" for the state-required cash  deposit  or
certificate of deposit to be considered "equivalent" or "substantially
equivalent."

    1.   Must the bank or financial institution holding  the cash  deposit or
certificate of deposit be regulated and examined by -a federal or state agency?

    2.   Must the Regional Administrator or State Director  be  the beneficiary
and be empowered to draw upon or direct payment from the funds if  the owner or
operator fails to perform closure or post-closure care?

    3.   For new facilities to be permitted,  must the cash  deposit  or
certificate of deposit be established before hazardous  waste  is  first received
for treatment, storage or disposal?

    4.   Must payments be made pursuant to a  pay-in  period  and formula at  least
equivalent to federal RCRA trust fund requirements?

    5.   Must advance  notice be provided to the Regional  Administrator or  State
Director in a,defined time period prior to termination  by  the owner or
operator?

    6.   Must at least one of the following conditions be met  for the  cash
deposit or certificate of deposit to be terminated:   (1) the  owner  or operator
has performed closure/post-closure to the State Director's or Regional
Administrator's satisfaction, or (2) alternate assurance has  been  established
(a) in accordance with state regulations  or  (b) that would be acceptable  under
40 CFR 264/265.149?

    7.   Can funds be  released only upon written instruction of the  Regional
Administrator or State Director?

    8.   Must itemized bills for closure and/or post-closure care be submitted
to the Regional Administrator or State Director before  payment will be
authorized?

    9.   Where the cost of closure appears significantly greater  than  the
amount of available funds, is the Regional Administrator or State  Director
empowered to withhold reimbursement until satisfactory  certification  of
closure is received?

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                                   -23-
                     EQUIVALENCY CRITERIA FQR ESCROWS


    EPA will consider the following factors in determining whether a state-
required escrow is "equivalent" or "substantially equivalent" to the financial
mechanisms prescribed in the federal regulations.  As a general rule, most, if
not all of the following questions must be answered "yes" for the
state-required escrow to be considered "equivalent" or "substantially
equivalent."

    1.  Is the depositary institution licensed or authorized to act as a
fiduciary or escrow agent and subject to state or federal regulatory oversight?

    2.  Does the escrow agreement or an attached schedule list the facilities
and the amount of the closure and/or post-closure cost estimates covered for
each facility?

    3.  Is the owner or operator required to update:the list of facilities and
closure and/or post-closure cost estimates after each change in cost estimates?

    4.  Does the owner or operator remain liable at all times for the full
amount of closure and/or post-closure expenses?

    5.  Does the escrow agreement prohibit the depositary from investing in
securities of the owner or operator or parent corporations?

    6.  Is the escrow agreement irrevocable  except  upon the  mutual  consent
of the owner or operator and the Regional Administrator or State Director?

    7.  For new facilities to be permitted,  must the escrow agreement be
submitted to the Regional Administrator or State Director before hazardous
waste is first received for treatment, storage or disposal?

    8.  Must the initial payment be made before hazardous waste is first
received for new permitted facilities?

    9.  Are the required initial and annual payments at least as great as
those required by the federal RCRA trust fund regulations?

    10.  Does the escrow agreement require the depositary to notify the
Regional Administrator or State Director if the owner or operator fails to
make a required deposit?

    11.  Does the escrow agreement require the depositary to value the assets
in the escrow each year and send a statement of valuation to the owner or
operator and the Regional Administrator or State Director?

    12.  May the owner or operator and the Regional Administrator or State
Director object at any time to escrow activity?

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                                   -24-
    13-.  If the pay-in period' is less than the operating life of the facility,
must the owner or operator make additional payments to the escrow or obtain
alternate assurance whenever the cost estimate(s) become(s) greater than the
value of the escrow?

    14.  Must the owner or operator make arrangements for a new depositary or
obtain other financial assurance when the existing depositary enters
bankruptcy, ceases operations,  or loses its authority to act as an escrow
agent?

    15.  Can the depositary only be changed by mutual agreement of the owner
or operator and the Regional Administrator or State Director?

    16.  Can funds be released from escrow only upon instruction of the
Regional Administrator or State Director?

    17.  Must itemized bills for closure and/or post-closure care be submitted
to the Regional Administrator or State Director before payment will be
authorized?

    18.  Where the cost of closure appears significantly greater than the
value of the escrow, is the Regional Administrator or State Director empowered
to withhold reimbursement from the escrow until satisfactory certification of
closure is received?

    19.  May the escrow agreement be terminated only upon instruction of the
Regional Administrator or State Director?

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                                   -25-
               EQUIVALENCY CRITERIA FOR LIABILITY INSURANCE
    EPA will consider the following factors in determining whether state-
required liability insurance is "equivalent" or "substantially equivalent"  to
the financial mechanisms prescribed in the federal  regulations.   As  a general
rule, most, if not all of the following questions must  be answered "yes"  for
the state-required liability insurance to be considered "equivalent" or
"substantially equivalent."

    1.  Is the insurer required to be licensed to transact the business of
insurance or eligible as a provider of excess or surplus  lines insurance  in
one or more states?

    2.  Must the insurance certificate, policy,  or  endorsement list  the
facilities covered?

    3.  Must an insurance certificate or endorsement  be submitted as evidence
of insurance?

    4.  Must the policy cover both bodily injury and  property damage claims?

    5.  Must the policy provide -- exclusive of legal defense costs  -- at
least:  (1) $1 million coverage per occurrence,  with  an annual aggregate
amount of $2 million, for sudden accidental occurrences?;  and (2) $3 million
coverage per occurrence, with an annual aggregate amount  of $6 million, for
nonsudden accidental occurrences?  (the nonsudden accidental coverage must  be
required of surface impoundments, landfills, and land treatment  facilities.)

    6.  Must the coverage be on a "first dollar" basis?*

    7.  For sudden accidental occurrences,  must the insurance policy be
effective before initial receipt of waste at a new  permitted facility?

    8.  For nonsudden accidental occurrences, must  coverage be demonstrated by
the following dates depending on the sales  or revenues  of  the owner  or
operator?

         (a)  Sales or revenues over $10 million   January 15,  1983

         (b)  Sales or revenues greater than       January 15,  1984
              $5 million and up to §10 million

         (c)  Sales or revenues $5 million  and     January 15,  1985
              less
    * For details,  see Chapter 2 of the  Guidance Manual:   Liability
Coverage (1982).

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                                   -26-
    9.  Must the owner or operator maintain-the policy in full force and
effect at least until released from financial requirements or alternate
coverage is substituted?

    10.  Must the owner or operator provide alternate coverage within a
defined time period in the event of liquidation or insolvency of the insurer?
(federal regulations allow 60 days)

    11.  Must the insurer give ample notice of its intent to cancel,
terminate,  or not to renew the insurance?

    12.  Must cancellation or termination not occur during a defined time
period following the date of receipt of the notice by the Regional
Administrator or State Director?  (federal regulations require 60 days for
cancellation and 30 days for termination)

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                                   -27-
                  EQUIVALENCY CRITERIA FOR FINANCIAL TEST
                          FOR LIABILITY  COVERAGE
    EPA will consider the following factors in determining whether a state-
required financial test for liability coverage is "equivalent" or
"substantially equivalent" to the financial mechanisms prescribed in the
federal regulations.  As a general rule, most, if not all of the following
questions must be answered "yes" for the state-required financial test for
liability coverage to be considered "equivalent" or "substantially equivalent.'

    1.  Must the owner's or operator's financial statements be independently
audited?

    2.  Does the independent public accountant have to be certified by a State
Board of Accountancy?

    3.  Are the financial test criteria at least as:stringent as the federal
RCRA criteria?

         A.  Do bond ratings of the firm have to be at leas.t
             investment grade; or does net working capital have
             to be at least six times the amount aggregate liability
             requirements?

         B. • Does the tangible net worth of the firm have to be at
             least $10 million and at least six times the annual
             aggregate liability requirements?

         C.  Do assets in the United States amount to at least

               i)  90 percent of total assets, or
              ii)  six times the annual aggregate liability
                   requirements?

    4.  Are firms whose financial statements have received adverse opinions
or disclaimers of opinions disallowed from the financial test?

    5.  Is the Regional Administrator or State Director granted discretion to
accept or reject qualified opinions on a firm's financial statements?

    6.  Must evidence of insurance be provided in a specified period if a
notice of disallowance has been issued because of an adverse, qualified,  or
disclaimer of opinion?  (federal regulations allow up to 30 days.)

    7.  Must the financial test criteria cover -- exclusive of legal  defense
costs -- at least (1) $1 million coverage per occurrence,  with an annual
aggregate amount of $2 million, for sudden accidental occurrences?;  (2) $3
million coverage per occurrence, with an annual aggregate amount of  $6
million, for nonsudden accidental occurrences?; and (3) all closure  or

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                                   -28-
post-closure cost estimates of facilities not covered by third party
guarantees or funded mechanisms?  (federal regulations require the inclusion
of facilities covered by the financial test, the corporate guarantee, and
facilities without any coverage at all.)

    8.  For sudden accidental occurrences, must the financial test criteria be
satisfied before initial receipt of waste by new permitted facilities?

    9.  For nonsudden occurrences, must coverage be demonstrated by the
following dates depending on the sales or revenues of the owner or operator?

         (a)  Sales or revenues over $10 million    January 15, 1983

         (b)  Sales or revenues greater than        January 15, 1984
              $5 million and up to $10 million-

         (c)  Sales or revenues $5 million and      January 15, 1985
              less

    10.  Must the owner or operator completely satisfy the test criteria at
least until released from financial requirements or alternate coverage is
substituted?

    11.  Must the owner or operator submit updated financial test information
a short time after the close of the firm's fiscal year?  (federal regulations
allow up to 90 days.)

    12.  If the year-end financial statements indicate the firm no longer
qualifies to use the financial test, must the owner or operator supply
evidence of liability insurance within a limited period?  (federal regulations
allow up to 90 days.)

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                                   -29-
                EQUIVALENCY CRITERIA FOR STATE  ASSUMPTIONS
                             OF  RESPONSIBILITY
    EPA will consider the following factors in determining whether a state's
assumption of responsibility for an owner's or operator's closure,
post-closure care, or liability coverage is "equivalent" or "substantially
equivalent" to the financial mechanisms prescribed in the federal
regulations.  As a general rule, most, if not all, of the following questions
must be answered "yes" for the state's assumption of responsibility to be
considered "equivalent" or "substantially equivalent."

    1.  Does the letter from the State include, or have attached to it,
identifying information for the facilities and the amounts of funds for
closure, or post-closure care, or liability coverage that are guaranteed by
the State?

    2.  Is the assumption of responsibility non-contingent and
irrevocable;  in  other  words,  are there no  conditions  which would void  the
state's guarantee?"
                                      ••
    3.  Does the assumption cover the costs of all activities required for
proper closure?

    4.  Does the assumption cover the costs of all activities required for
post-closure care for a period of thi*ty years?

    5.  Does the assumption provide liability coverage for bodily injury in at
least the amounts required by federal standards per occurrence and in  an
annual aggregate, exclusive of legal defense costs?

    6.  Does the assumption provide liability coverage for property damage in
at least the amounts required by federal standards per occurrence and  in an
annual aggregate, exclusive of legal defense costs?

    7.  Does the assumption provide liability coverage in the amounts  required
by federal standards for sudden accidental occurrences?

    8.  Does the assumption provide liability coverage for landfills,  surface
impoundments, and land treatment facilities in the amounts required by federal
standards for non-sudden accidental occurrences?
    * Note:   The Agency is aware of some state post-closure funds  that  are
available only to owners or operators of facilities  that have been issued
permits under RCRA;  these funds would not be non-contingent with respect to
interim status or non-permitted facilities.

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                                     OSWER DIRECTIVE #9540.00-9
                            APPENDIX C

                  MODEL FEDERAL REGISTER NOTICES
     The model Federal Register notices in this appendix are
designed to announce State authorization decisions and to codify
and incorporate by reference the appropriate State documents.
The models are indicated as follows:

   0 Initial Applications
   Model A-l -
   Model A-2 -
   Model B-l -
   Model B-2 -
- tentative determination to grant authorization
- tentative determination to deny authorization
- final determination to grant authorization
- final determination to deny authorization
     State Program Revisions
   Model C - immediate final rule
   Model D - proposed rule
   Model E - final rule
   Model F - withdrawal of immediate final rule
   Model G - codification of previous authorization into Part,272
             (proposed rule/final rule)
   Model H - codification of previous authorization into Part  272
             (immediate final rule)

     The models provided for program revisions (C-E) assume that
the State s final authorization has b^en codified in Part  272.
If this is not the case, then Models G or H should be used in
addition to the other appropriate revision notice.  Models G and
H establish the base program codification, and must be published
on or before the date that the program revision becomes effective,
The revision notices (C-E) will then amend the appropriate
Part 272 language.
                               C-l,

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                                             OSWER DIRECTIVE  #9540.00-

                            Model A - 1
ENVIRONMENTAL PROTECTION  AGENCY
40 CFR Part 271
(Insert name of  State)"  Final  Authorization
of State Hazardous Waste  Management Program
AGENCY-  Environmental  Protection Agency
ACTION:  Notice of Tentative  Determination on Application  of
         State X  for  Final  Authorization, Public Hearing and
         Public Comment  Period.
SUMMARY   State X has  applied  for final authorization under  the

Resource Conservation  and  Recovery Act (RCRA).  Environmental

Protection Agency (EPA)  has  reviewed State X's application and

has made the tentative decision  that State X's hazardous  waste

program satisfies all  of  the  requirements necessary to  qualify

for final authorization.   Thus,  EPA intends to grant final

authorization to the State to  operate its program  subject to

the limitations on  its authority retained by EPA in accordance

with the Hazardous  and Solid  Waste Amendments of 1984.   State  X's

application for final  authorization is available for public

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

comments on the application.


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 the State X's final authorization

application must be received  by  the close of business on  (insert

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

          •
                                C-2

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ADDRESSES:  Copies of State X's final authorization 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, D.C.  20460, Phone:  202/382-5926; 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 3006 of the Resource Conservation and Recovery Act


(RCRA) allows EPA to authorize State hazardous waste programs to


operate in the State in lieu of the  Federal hazardous waste


program subject to the authority retained by EPA  in accordance


with the Hazardous and Solid Waste Amendments of  1984  (HSWA).


Two types of authorization may be granted.  The first  type,


known as "interim authorization," is a temporary  authorization


which is granted if EPA determines that the State program is


"substantially equivalent" to the Federal program (Section  3006(c),


42 U.S.C. 6926(c)).
                               C-3

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    The second type of authorization is a "final" (permanent)



authorization that is granted by EPA if the Agency finds that




the State program (1) is "equivalent" to the Federal program,



(2) is consistent with the Federal program and other State



programs, and (3) provides for adecjuate enforcement (Section




3006(b), 42 U.S.C. 6926(b)).  States need not have obtained



interim authorization in order to qualify for final authorization.



EPA regulations for interim or final State authorization appear




at 40 CFR Part 271.






B.  State X






(Insert paragraph briefly describing the State's authorization



history prior to submission of the "official" application.)






     On	, State X submitted an official application for



final authorization.  Prior to its submission, State X solicited



public comment and held a public hearing on its draft application.



EPA has reviewed State X's application, and has tentatively



determined that the State's program meets all of the requirements



necessary to qualify for final authorization.  Consequently, EPA



intends to grant final authorization.to State X to operate its



program subject to the authority retained by EPA under HSWA.






     In accordance with Section 3006 of RCRA and 40 CFR 271.20(d),




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
                               C-4

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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 bv those comments may be the basis for a



decision to deny final authorization 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.






C.  Effect of HSWA on State X's Authorization






     Prior to the Hazardous and Solid Waste Amendments amending



RCRA, a State with Final Authorization would have administered



its hazardous waste program 'entirely in lieu of EPA.  The Federal



requirements no longer applied in the authorized State, and EPA




could not issue permits for any facilities the State was authorized



to permit.  When new, more  stringent Federal requirements were




promulgated or enacted, the State was obligated to enact equivalent



authority within specified time frames.  New Federal requirements



did not take effect in an authorized State until the State adopted
                               C-5

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the requirements as State law.






     In contrast, under the amended Section 3006(g) of RCRA,




42 U.S.C. 6926(g), new requirements and prohibitions imposed by



the HSWA take effect in authorized States at the same time  as



they take effect in non-authorized States.  EPA is directed to



carry out those requirements and prohibitions in authorized




S-tates, including the issuance of full or partial permits,  until



the State is granted authorization to do so.  While States  must




still adopt HSWA-related provisions as State law to retain  final



authorization, the HSWA applies in authorized States in the interim






    As a result of the HSWA, there will be a dual State/Federal



regulatory program in State X if final RCRA authorization is




granted.  To the extent the authorized State program is unaffected



by the HSWA, the State program will operate in lieu of the  Federal




program.  To the extent HSWA-related requirements are in effect,



EPA will administer and enforce these portions of the HSWA  in



State X until the State receives authorization to do so.  Among



other things, this will entail the issuance of Federal RCRA permits



for those areas in which the State is not yet authorized.






     Once the State is authorized to implement a HSWA requirement



or prohibition, the State program in that area will operate in



lieu of the Federal provision.  Until that time the State may



assist EPA's implementation of the HSWA under a Cooperative



Agreement.
                               C-6

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     Today's tentative determination does not include authorization




of State X's program for any requirement implementing the HSWA.




Any State requirement that is more stringent than a Federal HSWA



provision will also remain in effect; thus, regulated handlers



must comply with any more stringent State requirements.






    EPA has published a FEDERAL REGISTER notice that explains  in




detail the HSWA and its effect on authorized States.  That notice



was published at 50 FR 28702-28755, July 15, 1985.






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




authorization will not have a significant economic impact on



a substantial number of small entities.  The authorization



effectively suspends the applicability of certain Federal



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



duplicative requirements for handlers of hazardous waste 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 271:  Administrative Practice



and Procedure, Confidential business information, Hazardous



materials transportation, Hazardous waste, Indian lands,
                               07

-------
Intergovernmental relations, Penalties, Reporting and record-



keeping requirements, Water pollution control, Water supply.






AUTHORITY:  This notice is issued under the authority of




Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal



Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
                              Regional Administrator






Dated:
                             C-8

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                          • Model A - 2


ENVIRONMENTAL PROTECTION AGENCY


40 CFR Part 271


(Insert name of State); Final Authorization
of State Hazardous Waste Management Program


AGENCY:  Environmental Protection Agency


ACTION:  Notice of Tentative Determination on Application
         of State X for Final Authorization, Public Hearing
         and Public Comment Period.


SUMMARY:  State X has applied for final authorization under the

Resource Conservation and Recovery Act (RCRA).  EPA has reviewed

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

State X's hazardous waste program does not satisfy all of the

requirements necessary to gualify for final authorization.  In

order for the State to obtain final authorization to operate its

program in lieu of the Federal program, the State will need to

correct the deficiencies identified in this notice.  State X's

application for final authorization is available for public

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

comments on the application.  (If EPA comments are in the record,

mention that here as well - see p.4.)


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 the State X's final authorization

application must be received by the close of business on  (insert

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


                               C-9

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ADDRESSES:  Copies of the State X's final authorization application




are available during normal business hours at the following      ^B




addresses for inspection and copying:  (insert appropriate State



addresses); U.S. EPA Headquarters Library, PM 211A, 401 M Street,



S.W., Washington, D.C. 20460, Phone: 202/382-5926; 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 3006 of the Resource Conservation and Recovery Act



(RCRA) allows EPA to authorize State hazardous waste programs to



operate in the State in lieu of the Federal hazardous waste



program.  Two types of authorization may be granted.  The first



type, known as "interim authorization," is a temporary authoriza-



tion which is granted if EPA determines that the State program is



"substantially eguivalent" to the Federal program (Section 3006(c),




42 U.S.C. 6926(c)).






     The second type of authorization is a "final"  (permanent)



authorization that is granted by EPA if the Agency  finds that the



State program (1) is "eguivalent" to the Federal program, (2) is




consistent with the Federal program and other State programs, and





                              'C-10

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(3) provides for adequate enforcement (Section 3006(b), 42 U.S.C.



6926(b)).  States need not have obtained interim authorization



in order to qualify for final authorization.  EPA regulations for



interim or final State authorization appear at 40 CFR Part 271.






B.  State X






(Insert -paragraph briefly describing the State's authorization




history prior to submission of the "official" application.)






     On	,  State X submitted an official application for




final authorization.  Prior to its submission, State X solicited



public comment and held a public hearing on its draft application.



EPA has reviewed State X's application and tentatively determined




that the State's program does not meet all of the requirements




necessary to qualify for final authorization.  If the State



remedies the deficiences identified below, EPA intends to grant



the State final authorization.  If the State decides not to



modify its program, EPA intends to deny the State's application



for final authorization.






     EPA has the followinq concerns:  (Insert concerns which are



keeping the State from being authorized).   These concerns are



discussed more fully in	to	_, dated	,



which is (are) in the public record.  (The previous sentence



should be used as appropriate.)






     In accordance  with Section 3006 of RCRA and 40 CFR 271.20{d),



the Agency will hold a public hearing on its tentative decision




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





                               C-ll

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publication in FR) at (insert time and location of hearing).



public may also submit written comments on this determination up




until (insert date at least 30 calendar days after date of pub-



lication in FR).  Copies of State X's application are available



for inspection and copying at the locations indicated in the



"Addresses" section of this notice.






(Conclude your "Supplementary Information" section with the use




of either of the two options presented below)






(Option 1)






     In making its final determination, EPA will consider the



measures the State has taken to correct these problems and all



public comments on the tentative determination.  Normally, EPA




would expect to make a final decision on whether or not to approv



State X's program by  [insert date 90 calendar days after publica-



tion in FR].  However, this schedule will change if the State




decides to amend its program to address EPA's comments.  Because



of the nature of the changes the State would need to make is



substantial, the State will need to provide further opportunity



for public comment before a final authorization decision is made.



40 CFR 271.20(b) requires the State to provide for additional



public comment if the proposed State program is substantially




modified after the State comment period ends.  40 CFR 271.5(c)



further provides that if the State's application materially



changes during EPA's review period, the statutory review period
                               C-12

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begins again upon receipt of the revised submission.  The State



and EPA may also extend the review period by agreement  (see 40 CFR




271.5(d)).  EPA will give notice of its final decision  or of a



change in schedule in the FEDERAL REGISTER by [insert date 90



calendar days after publication in FR].






(Option 2)






     In making its final determination, EPA will consider the




measures the State has taken to correct these problems  and all




public comments on the tentative determination.   Normally, EPA



would expect to make a final decision on whether or not to approve




State X's program by  [insert date 90 calendar days after publica-



tion of FR].  However, if the State addresses EPA's comments, it



is unlikely that the changes can be made and a decision made




within 90 days.  Conseguently,  EPA would expect the State to agree



to extend the statutory review period.  (See 40 CFR 271.5(d).)






     It is also possible that the State and EPA will need to



provide further opportunity for public comment.   40 CFR 271.20(b)



requires the State to provide for additional public comment if



the proposed State program is substantially modified after the



State comment" period ends.   Further, if EPA finds that  the State's



submission is materially changed, the statutory time clock would




start again with the State's submission (see 40 CFR 271.5(c)).



EPA will give notice of its final decision or of a change in



schedule in the FEDERAL REGISTER at the end of this review oeriod.
                               C-13

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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 authorization will not have a significant economic impact



on a substantial number of small entities.  The denial of



authorization effectively continues the applicability of



certain Federal regulations in State X's.  It does not impose



any new burdens on small entities.  This rule, therefore,




does not require a reoulatory flexibility analysis.






LIST OF SUBJECTS IN 40 CFR PART 271:  Administrative practice




and procedure, Confidential business information, Hazardous




materials transportation, Hazardous waste, Indian lands,



Intergovernmental relations, Penalties, Reporting and record-



keeping requirements, Water pollution control, Water supply.






AUTHORITY:  This notice is issued under the authority of



Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal



Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
                                Reqional Administrator




Dated.
                             C-14

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                                      OSWER DIRECTIVE  #9540.00-9


                          Model  B - I


ENVIRONMENTAL PROTECTION  AGENCY


40 CFR Part 271


(Insert name of State):  Final  Authorization of State
Hazardous Waste Management  Program


AGENCY-  Environmental  Protection Agency


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


SUMMARY:   State X has applied  for final authorization  under  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 hazardous waste

program satisfies all of  the  requirements necessary  to  qualify

for final authorization.   Thus, EPA is granting final  authorization

to State X to operate its program, subject to the authority

retained by EPA in  accordance  with the Hazardous and  Solid Waste

Amendments of 1984.


EFFECTIVE DATE:  Final  authorization for State X shall  be  effective

at 1:00 pm on [14 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.)
                                C-15

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SUPPLEMENTARY INFORMATION:






A.  Background






     Section 3006 of the Resource Conservation and Recovery Act



(RCRA) allows the Environmental Protection Agency (EPA) to




authorize State hazardous waste programs to operate in the State



in lieu of the Federal hazardous waste program.  To gualify for



final authorization, a State's program must (1) be "eauivalent"




to the Federal program, (2) be consistent with the Federal program



and other State programs, and (3) provide for adequate enforcement




(Section 3006(b) of RCRA, 42 U.S.C. 6926(b)).






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




to obtain final authorization to administer the RCRA program.



On (insert date), EPA published a tentative decision announcing




its intent to grant State X final authorization.  Further back-




ground on the tentative decision to grant authorization 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 reguiring a State to make changes in order to be author-



ized, insert discussion of the  needed changes for authorization



and what the State agreed to do to be authorized.)






                               C-16-

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(Insert discussion of any different or additional procedural



steps during the authorization 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 RCRA program; e.g.,



any major State requirements that are broader in scope than




Federal requirements.)






(Insert discussion of the status of State hazardous waste permits



issued before the State is authorized.  For example, will the



State administer EPA-issued RCRA permits or is the State reissuing



their own State permits as RCRA permits?  It must be clear what



happens at the date of authorization. )






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



authorized to operate the RCRA program in Indian lands.)






B.   Decis ion






     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 author-



ization meets all of the statutory and regulatory requirements




established by RCRA.  Accordingly, State X is granted final



authorization to operate its hazardous waste program, subject to



the limitations on its authority imposed by the Hazardous and
                               C-17

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Solid Waste Amendments of 1984 (Public Law 98-616, November 8,



1984)(HSWA).  State X now has the responsibility for permittinq




treatment, storage and disposal facilities within its borders



and carrying out the other aspects of the RCRA program, subject




to the HSWA.  State X also has primary enforcement responsibility,



although EPA retains the right to conduct inspections under



Section 3007 of RCRA and to take enforcement actions under




Sections 3008, 3013 and 7003 of RCRA.






     As stated above, State X's authority to operate a hazardous



waste program under Subtitle C of RCRA is limited by the November



1984 HSWA.  Prior to that date, a State with final authorization




administered its hazardous waste program entirely in lieu of the




EPA.  The Federal requirements no longer applied in the authorized



State, and EPA could not issue permits for any facilities the




State was authorized to permit.  When new, more stringent Federal



requirements were promulgated or enacted, the State was obligated



to enact equivalent authority within specified time frames.  New



Federal requirements did not take effect in an authorized State



until the State abopted the requirements as State law.






     In contrast, under Section 3006(g) of RCRA, 42 U.S.C. 6926(g),



new requirements and prohibitions imposed by the HSWA take effect




in authorized States at the same time as they take effect in



non-authorized States.  EPA is directed to carry out those require-




ments and prohibitions in authorized States, including the



issuance of full or partial permits, until the State is qranted



authorization to do so.  While States must still adopt HSWA-relater'^B








                               C-1B

-------
provisions as State law to retain final authorization, the HSWA



applies in authorized States in the interim.






     As a result of the HSWA, there will be a dual State/Federal




regulatory program in State X.   To the extent the authorized



State program is unaffected by the HSWA, the State program will




operate in lieu of the Federal program.  Where HSWA-related




requirements apply, however, EPA will administer and enforce



these portions of the HSWA in State X until the State receives



authorization to do so.  Among other things, this may entail the



issuance of Federal RCRA permits for those areas in which the



State is not yet authorized.  Once the State is authorized to



implement a HSWA requirement or prohibition,- the State program



in that area will operate in lieu of the Federal proqram.  Until




that time the State will assist EPA's implementation of the HSWA



under a Cooperative Agreement.






     Any State requirement hhat is more stringent than a HSWA



provision remains in effect; thus, the universe of the more



stringent provisions in the HSWA and the approved State proqram



define the applicable Subtitle C requirements in State X.






(Insert discussion statinq that State X is not being authorized



now for any requirement implementing the HSWA or listing HSWA



requirements for which the State is being authorized.)






     EPA has published a FEDERAL REGISTER notice that explains




in detail the HSWA and its effect on authorized States.  That



notice was published at 50 FR 28702-28755, July 15, 1985.
                               C-19

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(At this point in time the. MOA signed by the Region and the



State should relect the HSWA.   The MOA should provide that State




X administer the RCRA program subject to the limitations on its



authority imposed by the HSWA and that EPA issue permits in the



State for the non-authorized portions of the Federal program.)






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




authorization will not have a significant economic impact on a



substantial number of small entities.  This authorization



effectively suspends the applicability of certain Federal



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




duplicative requirements for handlers of hazardous waste 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 271:  Administrative practice



and procedure, Confidential business  information, Hazardous




materials transportation, Hazardous waste, Indian lands, Inter-



governmental relations, Penalties, Reporting and recordkeeping




reauirements, Water pollution control, Water supply.
                               C-20

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AUTHORITY:  This notice is issued under the authority  of



Sections 2002(a), 3006, and 7004(.b) of the Solid Waste  Disposal



Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
                              Regional Administrator





Dated:
                               C-21

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                         Model B - 2
ENVIRONMENTAL PROTECTION AGENCY


40 CFR Part 271
(Insert name of State); Decision on Final Authorization
of State Hazardous Waste Management Program
AGENCY:  Environmental Protection Agency
ACTION:  Notice of Final Determination on Application
         of State X for Final Authorization.
SUMMARY:  State X has applied for final authorization under 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 hazardous waste

program does not satisfy all of the requirements necessary to

qualify for final authorization.  Thus, EPA is denying final

authorization to the State to operate its program in lieu of the

Federal program for the reasons identified in this notice.


FOR FURTHER INFORMATION CONTACT:  (Insert name, address,  and

phone number of the appropriate Regional contact.)


SUPPLEMENTARY INFORMATION: Section 3006 of the RCRA allows the

EPA to authorize State hazardous waste programs to operate in

the State in lieu of the Federal hazardous waste program.  To

qualify for final authorization, a State's program must (1) be

"equivalent" to the Federal program, (2) be consistent with the

Federal program and other State programs, and (3) provide for

adequate enforcement (Section 3006(b) of RCRA, 42 U.S.C.  6226(b))
                               C-22

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




to obtain final authorization to administer the RCRA program.



On (insert date),  EPA published a tentative decision announcing




that State X's hazardous waste program did not satisfy all of



the requirements necessary for final authorization.   EPA explained



that in order for  State X to obtain final authorization State  X



would need to correct the. deficiencies identified in the FR notice.




Further background on the tentative decision to deny authorization



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.  Discuss the changes EPA specified were necessary




for authorization, what the State agreed to do, and  what the State



did not do.)






(Insert discussion of any different or additional procedural steps



during the authorization 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.)






     EPA has reviewed State X's application and has  reached a  final



determination that the State's program does not meet all of the



requirements necessary to qualify for final authorization.  The
                               C-23

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following deficiencies result in a determination that the program




is (less stringent, not equivalent, inconsistent, or does not



provide adequate enforcement).  (Insert a discussion of why the



deficiencies are keeping the State from being authorized).  These




concerns are discussed more fully in _'	,  to	,



dated	,  which is (are)  in the public record.  (The



previous sentence should be used as appropriate.)






     Failure of State X to receive final authorization does not




preclude the State from making revisions to its application and




reapplying for final authorization.  (As appropriate, add a dis-



cussion of the State's plans for authorization in the future.)




If the State does make revisions to its application and reapplies,



the final authorization review process will begin again,  following



the same procedures of review as the State's first submission.




In the meantime,  EPA will implement the required Federal  hazardous



waste program in State X.






Decision






     I conclude that State X's application for final authorization



does not meet all of the statutory and regulatory requirements



established by RCRA and, as such,  I deny State X's application.






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.
                               C-24

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CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT:  Pursuant to



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




authorization will not have a significant economic impact on a



substantial number of small entities.   The denial of authorization



effectively continues the applicability of certain Federal regula-



tions in State X.  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 271:  Administrative practice



and procedure, Confidential business information, Hazardous



materials transportation, Hazardous waste, Indian lands, Inter-




governmental relations,  Penalties, Reporting and recordkeeping




requirements, Water pollution control, Water supply.






AUTHORITY:  This notice is  issued under the authority of



Sections 2002(a), 3006,  and 7004(b) of the Solid Waste Disposal




Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
                                Regional Administrator




Dated:
                               C-25

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                             Model C
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
(Insert Name of State); Final Authorization
of State Hazardous Waste Management Program
AGENCY:  Environmental Protection Agency


ACTION:  Immediate Final Rule


SUMMARY:  State X has applied for (final/interim) authorization

of revisions to its hazardous waste program under the Resource

Conservation and Recovery Act (RCRA).   EPA has reviewed State

X's application and has made a decision, subject to public review

and comment,.that State X's hazardous  waste program revision

satisfies all  of the requirements necessary to qualify for

(final/interim) authorization.  Thus,  EPA intends to approve

State X's hazardous waste program revisions.  State X's application

for program revision is available for  public review and comment.


DATES:  (Final/Interim) authorization  for State X shall

be effective [insert date 60 calendar  days after the date of

publication in the FEDERAL REGISTER] unless EPA publishes a

prior FEDERAL  REGISTER action withdrawing this immediate final

rule.  All comments on State X's program revision application

must be received by the close of business [insert date thirty

calendar days  after the date of publication in the FEDERAL REGISTER]
                               C-26

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ADDRESSES:  Copies of State X's program revision 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, D.C.,  20460 Phone: 202/382-5926, 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 the appropriate Regional




contact.)






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



number of the appropriate Regional contact.)






SUPPLEMENTARY INFORMATION-






A.  Background




     States with final authorization under Section 3006(b) of



the Resource Conservation and Recovery Act ("RCRA" or "the Act"),



42 U.S.C. 6929(b), have a continuing obligation to maintain a



hazardous waste program that is equivalent to, consistent with,



and no less stringent than the Federal hazardous waste program.



In addition, as an interim measure,  the Hazardous and Solid Waste



Amendments of 1984 (Public Law 98-616, November 8, 1984, herein-



after "HSWA") allows States to revise their programs to become




substantially equivalent instaad of equivalent to RCRA requirements




promulgated under HSWA authority.  States exercising the latter



option receive  "interim authorization" for the HSWA requirements



under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and later apply




for final authorization for the HSWA requirements.





                               C-27

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     Revisions to State hazardous waste programs are necessary



when Federal or State statutory or regulatory authority is




^modified or when certain others changes occur.  Most commonly,



State program revisions are necessitated by changes to EPA's



regulations in 40 CFR Parts 260-266 and 124 and 27C.






B.  State X



     (Insert paragraph briefly describing the State's authorization



history prior to submission of this program revision application.



The following is an example.)






     State X initially received final authorization on 	.
State X received authorization for revisions to its program on



	.  On 	 ,  State X submitted a program revision



application for additional program approvals.  Today, State X is




seeking approval of its program revision in accordance with




40 CFR 271.21(b)(3).






     EPA has reviewed State X's application, and has made an



immediate final decision that State X's hazardous waste program



revision satisfies all of the requirements necessary to qualify



for  (final/interim) authorization.  Consequently., EPA intends to



grant (final/interim) authorization for the additional program



modifications to State X.   The public may submit written comments



on EPA's immediate final decision up until (insert date at least




30 calendar days after date of publication in FEDRAL REGISTER).



Copies of State X's application for program revision ara available



for  inspection and copying at the locations indicated in the



"Addresses" section of this notice.






                               C-23

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     Approval of State X's program revision shall become



effective in 60 days unless an adverse comment pertaining to  the




State's revision discussed in this notice is received by the  end




of the comment period.  If an adverse comment is received EPA



will publish either (1) a withdrawal of the immediate final



decision or (2) a notice containing a response to comments which




either affirms that the immediate final decision takes effect or



reverses the decision.






(Insert discussion which summarizes State's X's program revisions




In addition, you may wish to insert a paragraph directing the



public's attention to certain issues.)






(Insert discussion which describes any major portions of the



State's program which are not part of the RCRA proqram; e.g.,




any major State reguirements that are broader in scope than



the relevant Federal reguirements.)






(Insert discussion of the status of State hazardous waste



permits issued before the State is authorized.  It must be



clear what happens, if anything, at the date of authorization.)






(Insert a statement as to whether or  no*t the State is being




authorized to operate in Indian lands.)






C.  Decisio n



     I conclude that State X's application for program revision




meets all of the statutory and regulatory requirements established



by RCRA.  Accordingly, State X is granted (final/interim)



authorization to operate its hazardous waste program  a? revised.






                               C-29

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State X now has responsibility for permitting treatment, storage,



and disposal facilities within its borders and carrying out other



aspects of the RCRA-program, subject to the limitation of its



revised program application and previously approved authorities.



State.X also has primary enforcement responsibilities, although




EPA retains the right to conduct inspections under Section 3007



of RCRA and to take enforcement actions under Section 3008, 3013




and 7003 of RCRA.






D.  Codification in Part 272



     EPA uses Part 272 for codification of the decision to authorize




State X's program and for incorporation by reference of those



provisions of State X's statutes and regulations that EPA will



enforce under Sections 3008, 3013 and 7003 of RCRA.  Therefore,




EPA is amending Part 272, (insert appropriate Subpart).






COMPLIANCE WITH EXECUTIVE ORDER 12291:   The Office of Managment



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 4 U.S.C. 605(b), I hereby certify that



this authorization will not have a significant economic impact



on a substantial number of small entities.  This authorization




effectively suspends the applicability of certain Federal




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



duplicative requirements for handlers of hazardous waste in the



State.  It does not impose any new burdens on small entities.
                               C-30

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This rule, therefore,  does not require a regulatory flexibility



analysis.






LIST OF SUBJECTS IN 40 CFR PART 272:  Administrative practice and



procedure, Confidential business information, Hazardous materials




transportation, Hazardous Waste, Indian lands, Intergovernmental



relations, Penalties,  Reporting and recordkeeping requirements,



Water pollution control, Water supply.






AUTHORITY:  This notice is issued under the authority of




Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal




Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
                      Regional Administrator





Dated:
                               C-31

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For reasons set forth in the preamble, 40 CFR Part 272 is revised

as follows:


PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGMENT PROGRAMS


1.   The authority for Part 272 continues to read as follows:

     Authority: Sees. 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

2.   Section 272.	1 is amended by revising paragraph(s) 	

to read as follows:

§272. 	1  State-Administered Program:  Final Authorization



(insert revised paragraph)


*****

(insert revised paragraph)


*****


(Insert paragraphs similar to 2 above for additional changes.)
                               C-32

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                             Model D


ENVIRONMENTAL PROTECTION AGENCY


40 CFR Part 271


(Insert name of State); Final Authorization
of State Hazardous Waste Management Program


AGENCY:  Environmental Protection Agency


ACTION-.  Notice of Proposed Rulemaking on Application of State X
         for Program Revision and Public Comment Period.


SUMMARY:  State X has applied for (final/interim) authorization

of revisions to its hazardous waste program under the Resource

Conservation and Recovery Act (RCRA).   Environmental Protection

Agency (EPA) has reviewed State X's application and has made a

decision,  subject to public review and comment, that State X's

hazardous waste program revision satisfies all of the requirements

necessary to qualify for (final/interim) authorization.  Thus, EPA

intends to approve State X's hazardous waste program revisions.

State X's application for program revision is available for public

review and comment.


DATES:  Comments on the State X's program revision application

must be received by the close of business on [insert date thirty

calendar days after date of publication in FR].
                               C-33

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ADDRESSES:  Copies of State X's program revision 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, D.C.   20460 Phone: 202/382-5926; 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 the appropriate Regional




contact.)






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




number of the appropriate Regional contact.)






SUPPLEMENTARY INFORMATION:






A.  Background



     States with final authorization under Section 3006(b) of



the Resource Conservation and Recovery Act ("RCRA" or "the Act"),



42 U.S.C. 6929(b), have a continuing obligation to maintain a



hazardous waste program that is equivalent to, consistent with,



and no less stringent than the Federal hazardous waste program.



In addition, as an interim measure, the Hazardous and Solid Waste



Amendments of 1984 (Public Law 98-616, November 8, 1984,



hereinafter "HSWA") allows States to revise their programs to



become substantially equivalent instead of equivalent to RCRA




requirements promulgated under HSWA authority.  States exercising



the latter option receive "interim authorization"  for the HSWA



requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g),




and later apply for final authorization for the HSWA requirements





                               C-34

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     Revisions to State hazardous waste programs are necessary



when Federal or State statutory or regulatory authority is




modified or when certain others changes occur.  Most commonly,



State program revisions are necessitated by changes to EPA's




regulations in 40 CFR Parts 260-266 and 124 and 270.






B.  State X



     (Insert paragraph briefly describing the State's authorization




history prior to submission of this program revision application.




The following is an example.)






     State X initially received final authorization on 	.
State X received authorization for revisions to its program on



	.   On	,  State X submitted a program revision




application for additional program approvals.   Today, State X is




seeking approval of its program revision in accordance with




40 CFR 271.21(b)(4).






     EPA has reviewed State X's application, and has made an



decision, subject to public review and comment, that State X's



hazardous waste program revision satisfies all of the requirements



necessary to qualify for (final/interim) authorization.   Conse-



quently,  EPA intends to grant State X (final/interim) authorization



for the additional program modifications.   The public may submit




written comments on EPA's  decision up until (insert date at




least 30  calendar days after date of publication in FEDRAL REGISTER)



Copies of State X's application for program revision are available
                               C-35

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for inspection and copying at the locations indicated in the



"Addresses" section of this notice.






     Approval of State X's program revision shall become



effective when the Administrator's final approval is published



in the FEDERAL REGISTER.   If adverse comment pertaining to




State X's program revision discussed in this notice is received




EPA will publish either (1) a notice of disapproval or (2) a




final rulemaking approving the modifications,  which would include




appropriate comment reponse.






(Insert discussion which summarizes State's X's program revisions



In addition,  you may wish to insert a paragraph directing the




public's attention to certain issues.)






(Insert discussion which describes any major portions of the



State's program which are not part of the RCRA. program; e.g.,



any major State requirements that are broader in scope than



the relevant Federal requirements.)






(Insert discussion of the status of State hazardous waste



permits issued before the State is authorized.  It must be



clear what happens, if anything, at the date of authorization.)






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




authorized to operate in Indian lands.)
                               C-36

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C.  Codification in Part 272



     EPA uses Part 272 for codification of the decision to authorize




State X's program and for incorporation by reference of those



provisions of State X's statutes and regulations that EPA will




enforce under Sections 3008, 3013 and 7003 of RCRA.  Therefore,




EPA is today proposing to amend Part 272, (insert appropriate




Subpart).






COMPLIANCE WITH EXECUTIVE ORDER 12291:  The Office of Managment



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 4 U.S.C. 605(b), I hereby certify that



this authorization will not have a significant economic impact



on a substantial number of small entities.  This authorization




effectively suspends the applicability of certain Federal



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




duplicative requirements for handlers of hazardous waste 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 272:  Administrative practice and



procedure,  Confidential business information, Hazardous materials



transportation, Hazardous waste, Indian lands, Intergovernmental



relations,  Penalties,  Reporting and recordkeeping requirements,



Water pollution control, Water supply.
                           C-37

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AUTHORITY:  This notice is issued under the authority of

Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal

Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated:                       Regional Administrator


     For reasons set forth in the preamble, it is proposed to

amend Title 40 of the Code of Federal Regulations as follows:


PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGMENT PROGRAMS


1.   The authority for Part 272 continues to read as follows:

     Authority: Sees. 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

2.   Section 272.	1 is amended by revising paragraph(s) 	

to read as follows:

§272. 	1  State-Administered Program:  Final Authorization

*****

(insert revised paragraph)
(insert revised paragraph)
(Insert paragraphs similar to 2 above for additional changes.)
                               C-38

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                             Model E


ENVIRONMENTAL PROTECTION AGENCY


40 CFR Part 272


(Insert Name of State); Final Authorization
of State Hazardous Waste Management Program


AGENCY:  Environmental Protection Agency


ACTION:  Final Rule on Applicaltion of State X
         for Program Revision


SUMMARY:  State X has applied for (final/interim  authorization

of revisions to its hazardous waste program under the Resource

Conservation and Recovery Act (RCRA).  Environmental Protection

Agency (EPA) has reviewed State X's application and has  reached

a decision that State X's hazardous waste program revision

satisfies all of the requirements necessary to qualify for

(interim/final) authorization.  Thus, EPA is grantinq  (interim/

final) authorization to State X to operate its expanded  program,

subject to the authority retained by EPA in accordance with  the

Hazardous and Solid Waste Amendments of 1984.


EFFECTIVE DATE:  (Interim/Final) authorization for State X shall

be effective at 1:00 pm on  [14 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.)
                               C-39

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SUPPLEMENTARY INFORMATION






A.   Background




     States with final authorization under Section 3006(b) of




the Resource Conservation and Recovery Act ("RCRA"),




42 U.S.C. 6929(b),  have a continuing obligation to maintain a




hazardous waste program that is equivalent to, consistent with,



and no less stringent than the Federal hazardous waste program.




In addition, as an interim measure, the Hazardous and Solid Waste




Amendements of 1984 (Public Law 98-616, November 8, 1984,




hereinafter "HSWA") allows States to revise their programs to



become substantially equivalent instead of equivalent to RCRA



requirements promulgated under HSWA authority.  States exercising




the latter option receive "interim authorization" for the HSWA



requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g),




and later apply for final authorization for the HSWA requirements.






     Revisions to State hazardous waste programs are necessary



when Federal or State statutory or regulatory authority is



modified or when certain others changes occur.  Most commonly,



State program revisions are necessitated by changes to EPA's



regulations in 40 CFR Parts 260-266 and 124 and 270.






B.  State X






     (Insert paragraph briefly describing the State's authorization



history prior to submission of this program revision application.




The following is an example.)
                               C-40

-------
     State X initially received final authorization on
State X received authorization for revisions to its program on



	.   On _ 	,  State X submitted a program revision



application for additional program approvals.  On 	,  EPA




published a proposal to approve State X's application for



program revision in accordance with 40 CFR 271.21(b)(4).






     EPA has reviewed State X's application, and has made an



final decision that State X's hazardous waste program revision



satisfies all of the requirements necessary to qualify for




(final/interim) authorization.  Consequently, EPA is granting



(final/interim) authorization for the additional program



modifications  to State X.






(Insert discussion on public comments received and the response




to those comments.  Additionally, in the case of a proposed



rulemaking requiring a State to make-changes in order to be



authorized,  insert discussion of the needed changes for



authorization and what the State agree to do to be authorized)






(Insert discussion which summarizes State's X's  program revisions



In addition, you may wish to insert a paragraph directing the



public's attention to certain issues.)






(Insert discussion which describes any major portions of the




State's program which are  not part of the RCRA program, e.g.,



any major State requirements that are broader in scope than



the relevant Federal requirements.)
                               C-41

-------
Insert discussion of the status of State hazardous waste

permits issued before the State is authorized.   It must be

clear what happens,  if anything, at the date of authorization.)

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

authorized to operate in Indian lands.)
         •
C.   Decision

     I conclude that State X's application for program revision

meets all of the statutory and regulatdry requirements established

by RCRA.  Accordingly, State X is granted (final/interim) authori-

zation to operate its hazardous waste program as revised.  State X

now has responsibility for permitting treatment, storage, and

disposal facilities  within its borders and carrying out other

aspects of the RCRA-program, subject to the limitation of its

program revision application and previously approved authorities.

State X also has primary enforcement responsibilities, although

EPA retains the right to conduct inspections under Section 3007

of RCRA and to take  enforcement actions under Section 3008, 3013

and 7003 of RCRA.

D.   Codification in  Part 272

     EPA uses Part 272 for codification of the decision to authorize

State X's program and for incorporation by reference of those

provisions of State  X's statutes and regulations that EPA will

enforce under Sections 3008, 3013 and 7003 of RCRA.  Therefore,

EPA is amending Part 272, (insert appropriate Subpart).
                               C-42

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COMPLIANCE WITH EXECUTIVE ORDER 12291:  The Office of Managment



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 4 U.S.C. 605(b), I hereby certify that



this authorization will not have a significant economic impact



on a substantial number of small entities.  This authorization



effectively suspends the applicability of certain Federal




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



duplicative requirements for handlers of hazardous waste in the



State.  It does not impose any new burdens on small entities.



This rule, therefore,  does not require a



   lations, Penalties, Reporting and recordkeepihg requirements,




Water pollution control, Water supply.






AUTHORITY:  This notice is issued under the authority of



Sections 2002(a), 3006 and 7004(b)  of the Solid Waste Disposal



Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
                            Regional Administrator




Dated:
                               C-43

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     For reasons set forth in the preamble,  40 CFR  Part  272

is revised as follows:


PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGMENT PROGRAMS


1.   The authority for Part 272 continues to  read as follows:


     Authority; Sees. 2002(a), 3006, and 7004(b) of the  Solid
Waste Disposal Act, as amended by the Resource Conservation  and
Recovery Act, as amended, 42 U.S.C. 6912(a),  6926,  and  6974(b).


2.   Section 272.	1 is amended by revising paragraph(s) 	

to read as follows:

§272. 	1  State-Administered Program:  Final Authorization


*****

(insert revised paragraph)
(insert revised paragraph)
(Insert paragraphs similar to  2 above  for  additional  changes
                               C-44

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                             Model F


ENVIRONMENTAL PROTECTION AGENCY


40 CFR Part 272


State X:  Withdrawal of Immediate Final Rule to Authorize
          State Hazardous Waste Program


AGENCY:  Environmental Protection Agency


ACTION:  Withdrawal of Immediate Final Rule


SUMMARY:  The Environmental Protection Agency gives notice that

the immediate final rule that provided authorization of State X's

program revision pursuant to 40 CFR 271.21(b)(3) has been withdrawn


EFFECTIVE DATE-.  [insert date of publication in FR]


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

number of the appropriate Regional contact.)


SUPPLEMENTARY INFORMATION:  On (insert date of immediate final

rule), EPA issued an immediate final rule (insert appropriate FR

reference) which approved State X's revision to its hazardous

waste program.  The immediate final rule was promulgated pursuant

to 40 CFR 271.21(b)(3).


     However, adverse public comment was received during the public

comment period.  As a result of the public comment received, EPA

is withdrawing the immediate final rule.  Therefore, State X's

program revision authorization will not take effect on (insert

effective date) as indicated in the immediate final rule.
                               C-45

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(insert brief summary of the adverse comment.)






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 merely withdraws and postpones a



decision to authorize revisions to State X's program.  This rule,




therefore, does not require a regulatory flexibility analysis.






COMPLIANCE WITH EXECUTIVE ORDER 12291: The Office of Management



and Budget (OMB) 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 rule or a final rule.   This rule will not impose



any information requirements upon the regulated community.






LIST OF SUBJECTS IN 40 CFR PART 272: Administrative practice and



procedure, Confidential business information, Hazardous waste



transportation, Hazardous waste, Indian lands, Intergovernmental



relations, Penalties,
                               C-46

-------
Reporting and recordkeeping requirements, Water pollution control,



Water supply.






AUTHORITY:  This notice is issued under the authority of



Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal



Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
                      Regional Administrator






DATED:
                               C-47

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                              MODEL G
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
HAZARDOUS WASTE MANAGEMENT PROGRAM:  CODIFICATION OF APPROVED
STATE HAZARDOUS WASTE 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 Final Authorization to States to operate their

hazardous waste management programs in lieu of the Federal program.

40 CFR Part 272 codifies EPA's prior authorization of State programs

and incorporates by reference those provisions of the State statutes

and regulations that EPA will enforce under RCRA Sections 3008,

3013, and 7003.  This [[proposal is to codify] or [rule codifies]]

the [insert State name]  authorized State program in Part 272.


DATES:  [For proposed rule: Comments on [insert State name]

authorized program proposed codification must be received by the

close of business [insert date 30 days after publication]].  [For

final rule: The codification is effective [insert date 14 days

after publication].   The incorporation by reference of certain

publications listed  in the regulations was approved by the Director

of the Federal Register as of [insert date of approval] ] .
                                C-48

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[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 3006 of the Resource Conservation and Recovery Act



of 1976, as amended, (RCRA), 42 U.S.C. 6926 et.  seq., allows the



U.S. Environmental Protection Agency (EPA) to authorize .State



hazardous waste programs to operate in the State in lieu of the



Federal hazardous waste program.  On [insert date of  final deter-



mination], EPA published a Federal Register notice announcing its



decision to grant final authorization to [insert State name].



(See 	 FR 	).  [Describe program revisions for which State



is authorized and current [proposed] revisions if applicable].





     Since that time, EPA has decided to codify its approval of



State programs in Part 272 of Title 40, Code of Federal Regulations



(CFR) and to incorporate by reference therein the State statutes



and regulations that EPA will enforce under Sections  3008, 3013,



and 7003 of RCRA.  Today's [proposed] codification reflects the



State program that was in effect when EPA granted [insert State



name] final authorization under Section 3006(b)  for its hazardous



waste program and authorized revisions thereto and the revisions



[[being authorized for today] or [proposed for authorization]].
                                C-49

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     This effort will provide clearer notice to the public of the



scope of the authorized program in each State.   Such notice is



particularly important in light of the Hazardous and Solid Waste



Act Amendments of 1984 (HSWA),  Pub. L. 98-618.   Revisions to State



hazardous waste programs are necessary when Federal statutory or



regulatory authority is modified.   Because HSWA extensively amended



RCRA, State programs must be modified to reflect those amendments.



By codifying the authorized [insert State name] program and by



amending the Code of Federal Regulations whenever a new or different



set of requirements is authorized  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] hazardous waste management



program for which authorization approval has been granted by EPA.



Concerning HSWA, some State requirements may be similar to HSWA



requirements that are in effect under Federal statutory authority



in that State.  However, a State's HSWA-type requirements are not



authorized and will not be codified into the CFR until the Regional



Administrator publishes his final  decision to authorize the State



for specific HSWA requirements.  Until such time, EPA will enforce



the HSWA requirements and not the  State analogs.





     To codify the [insert State name] authorized hazardous waste



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



Part 272 of Title 40 of the CFR.  Subpart [ ] has previously been



reserved for [insert State name].   [[As proposed, section, or

-------
[Section]] 272. 	 l(a)(l) [[will codify for enforcement purpos^^



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



regulations, the Memorandum of Agreement, the Attorney General's



Statement and the Program Description which are authorized and made



part of the hazardous waste management program under Subtitle C of



RCRA.






     The Agency retains the authority under Sections 3008, 3013



and 7003 of RCRA to undertake enforcement actions in authorized



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, authorized [insert State name] enforcement authorities.



[Proposed] [S]ection 272. 	  l(a)(2)  lists those authorized



[insert State name] authorities that would fall into this category.





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



State's hazardous waste management program are not part of the



Federally authorized State program.  These non-authorized provisions



are not part of the RCRA Subtitle C program because they are "broader



in scope" than RCRA Subtitle C.  See 40  CFR §271.1(1).  As a result,



State provisions which are "broader in scope" than the Federal



program are not codified for purposes of enforcement in Part 272.



Section 272.	 l(a)(3) 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
                                051

-------
program and which are not, therefore, part of the authorized 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.





     As noted above, the Agency is not [[proposing to amend] or



[amending]] Part 272 to include HSWA requirements and prohibitions



that are immediately effective in [insert State name] and other



States.  Section 3006(g) of RCRA provides that any requirement or



prohibition of HSWA (including implementing regulations) takes



effect in authorized States at the same time that it takes effect



in non-authorized States.  Thus, EPA has immediate authority to



implement a HSWA requirement  or prohibition once it is effective.



A HSWA requirement or prohibition supercedes any less stringent



or inconsistent State provision which may have been previously



authorized by EPA.  (See 50 j-VR 28702, July 15, 1985.)  Because



of the vast number of HSWA statutory and regulatory requirements



taking effect over the next few years, EPA expects that many pre-



viously authorized and codified State provisions will be affected.



The States are reauired to revise their programs to adopt the HSWA



requirements and prohibition  by the deadlines set forth in



40 CFR §271.21, and then to seek authorization for those revisions



pursuant to §271.  EPA expects that the States will be modifying



their programs substantially and repeatedly.  Instead of amending



the Part 272 codification every time a new HSWA provision takes



effect under the authority of RCRA §3006(g), EPA will wait until



the State receives authorization for its analog to the new HSWA

-------
provision before amending the State's Part 272 codification.  in
the interim, persons wanting to know whether a HSWA requirement
or prohibition is in effect should refer to 40 CFR 271.l(j), as
amended, which lists each such provision.
     The codification of State authorized programs in the,CFR
should substantially enhance the public's ability to discern the
current status of the authorized State program and clarify the
extent of Federal enforcement authority.  This will be particularly
true as more State program revisions to adopt HSWA provisions are
authorized.

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 authorize the [insert
State name]  program and has no separate effect on handlers of
hazardous waste in the State or upon small entitities.  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. seg.,
Federal agencies must consider the paperwork burden imposed by
any information request contained in a proposed rule or a final
rule.  This rule will not impose any information requirements
upon the regulated community.

                               C-53

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List Of Subjects In 40 CFR Part 272



     Administrative practice and procedure, Confidential business



information, Hazardous waste transportation, Hazardous waste,



Incorporation by reference, Indian lands, Intergovernmental



relations, Penalties, Reporting and recordkeeping requirements,



Water pollution control, Water supply.








Dated :
Regional Administrator
                              C-54

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For the reasons set forth in the preamble, 40 CFR Part 272 is

[proposed to be]  revised as follows:


PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS


1. The authority for Part 272 continues to read as follows:

     Authority:  Sees. 2002(a), 3006, and 7004(b) of the Solid

Waste Disposal Act, as amended by the Resource Conservation and

Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and

6974(b).


2.  The table of contents for Part 272 is revised to read as

follows:

     SUBPART [insert appropriate letter(s) and appropriate #s] -

[insert State name]

     272.	  State Authorization

     272.	1 State-Administered Program: Final Authorization
     272.	2 State-Administered Program: Interim Authorization

     272.	3 - 272.	 [Reserved]


3.  40 CFR Part 272, Subpart [insert appropriate letter and

appropriate fs] is amended to read as follows:

  272.	 State Authorization

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

administer and enforce a hazardous waste management program in lieu

of the Federal program under Subtitle C of the Resource Conservation

and Recovery Act of 1976 (RCRA) , 42 U.S.C. 6921 ejt.seg. , subject to

the Hazardous and Solid Waste Amendments of 1984 (HSWA), (pub. L.

98-616, Nov. 8, 1984), 42 U.S.C. 6926(c) and  (g)).  The Federal
                               C-55

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program for which a State may receive authorization is defined



in 40 CFR Part 271.  The State's program, as administered by



the [insert State lead agency] was approved by EPA pursuant to



42 U.S.C. 6926(b) and Part 271 of this Chapter,  EPA's approval



was effective on [insert appropriate Federal Register reference].



      (b)  [insert State name] is not authorized to implement



any HSWA requirements in lieu of EPA unless EPA has explicitly



indicated its intent to allow such action in a Federal Register



notice granting [insert State name] authorization.



      (c)  [insert State name] has primary responsibility for



enforcing its hazardous waste program.  However, EPA retains the



authority to exercise its enforcement authorities under Sections



3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934,



and 6973, as well as under other Federal laws and regulations.



      (d)  [insert State name] must revise its approved program



to adopt new changes to the Federal Subtitle C program in accordance



with Section 3006(b) of RCRA and 40 CFR Part 271, Subpart A.



[Insert State name] must seek final authorization for all program



revisions pursuant to Section 3006(b) of RCRA, but, on a temporary



basis, may seek interim authorization for revisions required by



HSWA pursuant to Section 3006(g) of RCRA, 42 U.S.C. 6926(g).  If



[insert State name] obtains final authorization for the revised



requirements pursuant to Section 3006(g), the newly authorized



provisions will be listed in 272.	 1 of this Subpart.  If



[insert State native] obtains interim authorization for the revised



requirements pursuant to Section 3006(g), the newly authorized



provisions will be listed in 272.      2.
                               C-56

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     272.	 1 State-Administered Program: Final Authorization



Pursuant to Section 3006(b)  of RCRA, 42 U.S.C.  6926(b):



     [Insert State name]  has final authorization for the following



elements submitted to EPA in [insert State name] program application



for final authorization and  approved for by EPA on 	.   [Insert



Final Authorization for Base Program and any program revisions].






     (a) State Statutes 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 hazardous waste management program under Subtitle C  of RCRA,



42 U.S.C. 6921 et. seq.  This incorporation by reference was



approved by the Director  of  the Federal Register on	.



      (i)  [Insert reference for statutory authorities that  are



part of the approved program under RCRA.]



      (ii) [Insert reference for hazardous waste rules that  are a



part of the approved program under RCRA.]



     (2)  The following statutes and regulations, although not



codified herein for enforcement purposes, are part of the authorized



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




RCRA.]



     (3)  The following statutory and regulatory provisions .are



broader in scope than the Federal program, are not part  of the



authorized program, and are  not codified herein for enforcement




purposes.





                               C-57

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      (i) [Insert statutory provisions, if any, which are broader



in scope.]



      (ii) [Insert regulatory provisions, if any, which 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



incorporated by reference and codified as part of the authorized



hazardous waste management program under Subtitle C of RCRA,



42 U.S.C. 6921 et. seq.  This incorporation by reference was approved



by the Director of the Federal Register on	.



     (c)  Statement of Legal Authority.  [(!)] "Attorney General's



Statement for Final Authorization", signed by the Attorney General



of [insert State name] on [insert appropriate date] is incor-



porated by reference and codified as part of the authorized hazardous



waste management program under Subtitle C of RCRA, 42 U.S.C. 6921



et.  seq.  This incorporation by reference was approved by the



Director of the Federal Register on 	.



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



to EPA, [insert appropriate date].



     (d)  Program Description.  The Program Description and any



other materials submitted as part of the original application or



as supplements thereto.  This incorporation by reference was



approved by the Director of the Federal Register on 	.



272.	2 State-Administered Program: Interim Authorization.



[Insert paragraph similar to 272.	 1 above.  These paragraphs



will  reflect approved program revisions for interim authorization.]
                               C-58

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                             MODEL H
ENVIRONMENTAL PROTECTION AGENCY


40 CFR Part 272
HAZARDOUS WASTE MANAGEMENT PROGRAM:  CODIFICATION OF APPROVED
STATE HAZARDOUS WASTE 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 Final Authorization to States  to operate their

hazardous waste management programs in lieu of the  Federal program

40 CFR Part 272 codifies EPA's prior authorization  of  State

programs and incorporates by reference those  provisions of the

State statutes and regulations that EPA will  enforce under RCRA

Sections 3008, 3013, and 7003.  Thus, EPA  intends  to codify  the

[insert  State name] authorized State program  in Part 272.


DATES:   The codification of [insert State's name]  authorized

hazardous waste 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 [insert State name] authorized program codification must be

received by the close of business [insert  date 30  days after

publication].
                                C-59

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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 3006 of the Resource Conservation and Recovery Act



of 1976, as amended, (RCRA), 42 U.S.C. 6926 et.  seq.,  allows the



U.S. Environmental Protection Agency (EPA) to authorize State



hazardous waste programs to operate in the State in lieu of the



Federal hazardous waste program.  On [insert date of final



determination], EPA published a Federal Register notice announcing



its decision to grant final authorization to [insert State name].



(See 	 F_R 	.) [if applicable describe program revisions



for which State is authorized].






     Since that time, EPk has decided to codify its approval of



State programs in Part 272 of Title 40, Code of Federal Regulations



(CFR) and to incorporate by reference therein the State statutes



and regulations that EPA will enforce under Sections 3008, 3013,



and 7003 of RCRA.  The intended codification reflects the State



program that was in effect when EPA granted [insert State name]



final authorization under Section 3006(b) for its hazardous waste



program [and authorized revisions thereto].
                                                                     \
                                C-60

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     This effort will provide clearer notice to the public of the



scope of the authorized program in each State.  Such notice is



particularly important in light of the Hazardous and Solid Waste



Act Amendments of 1984 (HSWA), Pub. L. 98-618.  Revisions to State



hazardous waste programs are necessary when Federal statutory or



regulatory authority is modified.   Because HSWA extensively amended



RCRA, State programs must be modified to reflect those amendments.



By codifying the authorized [insert State, name] program and by



amending the Code of Federal Regulations whenever a new or different



set of requirements is authorized in [insert State name], the



status of Federally approved requirements o'f the [insert State name]



program will be readily discernible.






     The Agency will only codify for enforcement purposes those



provisions of the [insert State name] hazardous waste management



program for which authorization approval has been granted by EPA.



Concerning HSWA, some State requirements may be similar to HSWA



requirements that are in effect under Federal statutory authority



in that State.  However, a State's HSWA-type requirements are not



authorized and will not be codified into the CFR until the Regional



Administrator publishes his final  decision to authorize the State



for specific HSWA requirements.  Until such time, EPA will enforce



the HSWA requirements and not the  State analogs.





     To codify the [insert State name] authorized hazardous waste



program, EPA intends to add Subpart [ ] to Part 272 of Title 40



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



State name].  Section 272. 	 l(a)(l) intends to codify for

-------
enforcement purposes the State statutes and regulations, the



Memorandum of Agreement, the Attorney General's Statement and



the Program Description which are authorized and made part of



the hazardous waste management program under Subtitle C of RCRA.





     The Agency retains the authority under Sections 3008, 3013



and 7003 of RCRA to undertake enforcement actions in authorized



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 parti-



cular, authorized [insert state name] enforcement authorities.



Section 272. 	 l(a)(2) lists those authorized [insert State name]



authorities that would fall into this category.





     The public also needs to be aware that some provisions of



the State's hazardous waste management program are not part of



the Federally authorized State program.  These non-authorized



provisions are not part of the RCRA Subtitle C program because



they are "broader in scope" than RCRA Subtitle C.  See 40 CFR



§271.l(i).  As a result, State provisions which are "broader in



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



enforcement in Part 272.  Section 272.	 Ha)(3) 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 authorized program being codified.  "Broader in scope"  fl
                                C-62

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



continue to enforce such provisions.





     As noted above, the Agency is not amending Part 272 to include



HSWA requirements and prohibitions that are immediately effective



in [insert State name] and other States.  Section 3006(g) of RCRA



provides that any requirement or prohibition of HSWA (including



implementing regulations) takes effect in authorized States at the



same time that it takes effect in non-authorized States.  Thus,



EPA has immediate authority to implement a HSWA requirement or



prohibition once it is effective.  A HSWA requirement or prohibition



supercedes any less stringent or inconsistent State provision



which may have been previously authorized by EPA.  (See 50 FJR 28702,



July 15, 1985.)  Because of the vast number of HSWA statutory and



regulatory requirements taking effect over the next few years, EPA



expects that many previously authorized and codified State provisions



will be affected.  The States are required to revise their programs



to adopt the HSWA requirements and prohibition by the deadlines set



forth in 40 CFR §271.21, and then to seek authorization for those



revisions pursuant to §271.  EPA expects that the States will be



modifying their programs substantially and repeatedly.   Instead of



amending the Part 272 codification every time a new HSWA provision



takes effect under the authority of RCRA §3006(g), EPA will wait



until the State receives authorization for its analog to the new



HSWA provision before amending the State's Part 272 codification.



In the interim, persons wanting to know whether a HSWA requirement



or prohibition is in effect should refer to 40 CFR 271.l(j), as



amended, which lists each such provision.

-------
     The codification of State authorized programs in the CFR    	
                                                                 ^p  )

should substantially enhance the public's ability to discern the


current status of the authorized State program and clarify the


extent of Federal enforcement authority.   This will be particularly


true as more State program revisions to adopt HSWA provisions are


authorized.



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 handlers of hazardous waste in the


State or upon small entitities.  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 rule or a final


rule.  This rule will not impose any information requirements


upon the regulated community.
                               r c. A

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List Of Subjects In 40 CFR Part 272



     Administrative practice and procedure, "Confidential business



information, Hazardous waste transportation,  Hazardous waste,



Incorporation by reference, Indian lands, Intergovernmental



relations, Penalties, Reporting and recordkeeping requirements,



Water pollution control, Water supply.
Dated:
Regional Administrator
                              C-65

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For the reasons set forth in the preamble, 40 CFR Part 272 is


intended to be revised as follows: '




PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS




1. The authority for Part 272 continues to read as follows:


     Authority:  Sees. 2002(a), 3006, and 7004(b) of the Solid
                     *

Waste Disposal Act, as amended by the Resource Conservation and


Recovery Act of 1976, as amended, 42 U.S.C- 6912(a), 6926, and


6974(b).




2.  The table of contents for Part 272 is revised to read as


follows:


     SUBPAPT [insert appropriate letter(s) and appropriate #s] -


[insert State name]


     272.	  State Authorization


     272.	1 State-Administered Program: Final Authorization

     272.	2 State-Administered program: Interim Authorization


     272.	3 - 272.	 [Reserved]



3.  40 CFR Part 272, Subpart [insert appropriate letter and


appropriate #s] is amended to read as follows:


  272.	 State Authorization


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


administer and enforce a hazardous waste management program in


lieu of the Federal program under Subtitle C of the Resource


Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6921 et.


seq. ,  subject to the Hazardous and Solid Waste Amendments of 1984


(HSWA), (Pub. L 98-616, Nov. 8, 1984), 42 U.S.C. 6926(c) and (g)).


The Federal program for which a State may receive authorization
                               C-66

-------
is defined in 40 CFR Part 271.  The State's program, as administered



by the [insert State lead agency] was approved by EPA pursuant to



42 U.S.C. 6926(b) and Part 271 of this Chapter.  EPA's approval



was effective on [insert appropriate Federal Register reference].



      (b)  [Insert State name] is not authorized to implement



any HSWA requirements in lieu of EPA unless EPA has explicitly



indicated its intent to allow such action in a Federal Register



notice granting [insert State name] authorization.



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



enforcing its hazardous waste program.  However, EPA retains the



authority to exercise its enforcement authorities under Sections



3007, 3008,  3013, and 7003 of RCRA, 42 U.S.C.  6927, 6928, 6934,



and 6973, as well as under other Federal laws  and reaulations.



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



to adopt new changes to the Federal Subtitle C program in accordance



with Section 3006(b) of RCRA and 40 CFR Part 271, Subpart A.



[Insert State name]  must seek final authorization for all program



revisions pursuant to Section 3006(b) of RCRA, but, on a temporary



basis, may seek interim authorization for revisions required by



HSWA pursuant to Section 3006(g)  of RCRA, 42 U.S.C. 6926(g).  If



[insert State name]  obtains final authorization for the revised



requirements pursuant to Section 3006(g), the  newly authorized



provisions will be listed in 272.	 1 of this Subpart.  If



[insert State name]  obtains interim authorization for the revised



requirements pursuant to Section 3006(g), the  newly authorized



provisions will be listed in 272.	2.
                               C-67

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     272.	 1 State-Administered Program: Final Authorization
Pursuant to Section 3006(b)  of RCRA, 42 U.S.C.  6926{b):
     [insert State name]  has final authorization for the following
elements submitted to EPA in [insert State name] program application
for final authorization and  approved for by EPA on	.
[Insert Final Authorization  for Base Program and any program revisions

     (a) State Statutes 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 hazardous waste management program under Subtitle C of RCRA,
42 U.S.C. 6921 et. seq.  This incorporation by reference was
approved by the Director  of  the Federal Register on 	.
      (i)  [Insert reference for statutory authorities that are
part of the approved program under RCRA.]
      (ii) [Insert reference for hazardous waste rules that are a
part of the approved program under RCRA.]
     (2)  The following statutes and regulations, although not
codified herein for enforcement purposes,  are part of the authorized
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
RCRA.]
                               C-68

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     (3)  The following statutory and regulatory provisions are



broader in scope than the Federal program, are not part of the



authorized program, and not codified herein for enforcement



purposes.



      (i) [Insert statutory provisions, if any, which are broader



in scope.]



      (ii) [Insert regulatory provisions, if any, which 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 incorporated by reference and codified as part of the authorized



hazardous waste management program under Subtitle C of RCRA,



42 U.S.C. 6921 et. seq.  This incorporation by reference was



approved by the Director of the Federal Register on	.



     (c)  Statement of Legal Authority.  [(!)] "Attorney General's



Statement for Final Authorization", signed by the Attorney General



of [insert State name] on [insert appropriate date] is incorporated



by reference and codified as part of the authorized hazardous waste



management program under subtitle C of RCRA, 42 U.S.C. 6921 et.  seq,



This incorporation by reference was approved by the Director of the



Federal Register on 	.



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



to EPA, [insert appropriate date].



     (d)  Program Description.  The Program Description and any



other materials submitted as part of the original application or



as supplements thereto.  This incorporation by reference was



approved by the Director of the Federal Register on 	.
                               C-69

-------
 272.	 2 State-Administered Program: Interim Authorization.



[Insert paragraph similar to 272.	 1 above.   These paragraphs



will reflect approved program revisions for interim authorization.
                                C-70

-------
                       UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                                   WASHINGTON, D.C. 20460
                                      JUL 2 3 1986
t
           MEMORANDUM

           SUBJECT:   Interpretation of April  24,  1986 Draft Guidance
                     on  §3006(f)  of RCRA

           FROM:      Marcia  E.  Williams,  Director/
                     Office  of  Solid Waste
                                      "?/>-/
                     Lisa  K.  FriedmanJ1. /7 _/\
                     Associate  General Counsel

           TO:        David A. Stringham,  Chief
                     Solid Waste  Branch,  Region V

                     Mike  Elam, Acting Chief
                     Office  of  Regional  Counsel,  Region V
                This  is  in  response  to  your June 24 memorandum concerning
           EPA1s draft guidance on  Section 3006(f)  of RCRA.   The guidance
           requires  States  to  respond  to  FOIA requests within twenty days.
           You asked  whether  States  whose statutes  or regulations do not
           contain this  requirement  could agree to  it in the MOA.  You
           believe that  this  is a procedural requirement for which an MOA
           agreement  would  be  appropriate.

                We disagree that this  requirement can be handled through
           an  MOA.   Under 40  CFR §2.112,  failure to respond  to a FOIA
           request in 20 days  constitutes a final agency action which
           triggers  judicial  review.   Thus, the 20-day deadline is not a
           procedural requirement,  but  an inherent  part of a substantive
           requirement and  must be  included in statutes or regulations.
           We  have consistently treated it as such  in our development of
           the Section 3006(f)  guidance and our related discussions with
           ASTSWMO and EOF.

                We regret that  this  decision will require rule changes in
           several of your  States.   It  appears that the language in your
           States' statutes requiring  a response "as soon as possible" or
           "within a  reasonable amount  of time" would provide adequate
           statutory  authority  for  State  regulations establishing a 20-day
           response  time.

-------
                               - 2 -

     If you have any further questions concerning this matter,
please contact Martha Madison, State Programs Branch, OSW at
FTS 382-2229.

cc:  Bruce Weddle
     Martha Madison
     Alex Wolfe
     George Garland

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31618   Federal Register / Vol. 51, No. 171  / Thursday, September  4, 1986 / Rules and Regulations
branch administering the research room
or the senior attendant on duty in the
research room determines they are
essential to a researcher's work
requirements. Materials will be
presented to the attendant when the
researcher enters the research room. If
the materials are approved for
admission, they may be stamped to
indicate that they are the researcher's
property;
  (3) Typewriters, personal computers,
tape recorders, and hand-held cameras
may be admitted by the guard or
research room attendant provided that
they are inspected, approved, and
tagged prior to admittance. The chief of
the branch administering the research
room or the senior attendant on duty  in
the research room will review the
determination made by the guard or
research room attendant if requested to
do so by the researcher. In facilities
where personal paper-to-paper copiers
are permitted, the researcher must
obtain prior written approval from the
facility director to bring in the copier.
The request to bring a personal copier
should state the space and power
consumption requirements and the
intended period of use; and
  (4) Notepaper and notecards provided
by the National Archives and
electrostatic copies made  on copying
machines in NARA research rooms
which are marked with the statement
"Reproduced at the National Archives"
may be brought back into the research
room  on subsequent visits but must be
presented on entry to the guard or
research room attendant for inspection.
  (d) NARA may furnish specially
marked lined and unlined notepaper and
notecards, without charge, to
researchers for use in the  research
rooms. Unused notepaper and notecards
should be returned to the research room
attendant at the end of the day.
  (e) The personal property of all
researchers, including notes,
electrostatic copies, typewriter cases,
tape recorders, cameras, personal
computers, and other personal property,
will be inspected before removal from
the research room. Guards and research
room  attendants may request that a
member of the research room staff
examine such personal items prior to
their removal from the research room.
  (f) Researchers may use NARA self-
service copiers or authorized personal
paper-to-paper copiers to  copy
documents, in accordance with NARA
document handling instructions and
after review of the documents by the
research room attendant to determine
their suitability for copying. The chief of
the branch administering  the research
room or the senior archivist on duty in
the research room will review the
determination of suitability, if requested
by the researcher. The following types
of documents are not suitable for
copying on a self-service or personal
copier
  (1) Bound archival volumes;
  (2) Records fastened together by
staples, clips, acco fasteners, rivets, or
similar fasteners, where folding or
bending the record may cause damage;
  (3) Records larger than 11 inches by 14
inches;
  (4) Records with uncancelled security
classification markings;
  (5) Records with legal restrictions on
copying; and
  (6) Records in poor physical condition
in the judgment of the research room
attendant.
  Dated: August 14.1986.
Claudine J. Weiher,
Acting Archivist of the United States.
[FR Doc. 86-19889 Filed 9-J-86; 8:45 a.m.]
8ILUHQ CODE 7S1S-01-M
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 271

[SW-4-FRU-3074-3]

Georgia; Final Authorization of State
Hazardous Waste Management
Program

AGENCY: Environmental Protection
Agency.
ACTION: Final rule on Georgia's
application for program revision.

SUMMARY: Georgia has applied for Final
Authorization of revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The Environmental
Protection Agency (EPA) has reviewed
Georgia's application and has decided
that Georgia's hazardous waste program
revision satisfies all of the requirements
necessary to qualify for Final
Authorization. Thus. EPA is granting
Final Authorization to Georgia for the
program revisions, subject to the
authority retained by EPA in accordance
with the Hazardous and Solid Waste
Amendments of 1984.
EFFECTIVE DATE: Final Authorization for
Georgia shall be effective at 1:00 p.m. on
September 18,1986.
FOR FURTHER INFORMATION CONTACT:
Otis Johnson, Jr., Chief, Waste Planning
Section, Residuals Management Branch,
Waste Management Division, U.S.
Environmental Protection Agency, 345
Courtland St., NE. Atlanta, Georgia
30365, (404) 347-3016.
SUPPLEMENTARY INFORMATION:

A. Background

  States with Final Authorization undi
section 3006(b) of the Resource
Conservation and Recovery Act
("RCRA"), 42 U.S.C. 6929(b). have a
continuing obligation to maintain a
hazardous waste program that is
equivalent to, consistent with, and no
less stringent than the Federal
hazardous waste program.
  Revisions to State hazardous waste
programs are necessary when Federal
State statutory or regulatory authority
modified or when certain other changi
occurs. Most commonly, State prograr
revisions are necessitated by changes
EPA's regulations in 40 CFR Parts 260-
266, and 124. and 270. Also, the
Hazardous and Solid Waste
Amendments of 1984 (Pub. L. 98-616.
November 8,1984, hereinafter "HSW/
extensively amended RCRA,  thereby
necessitating State program revisions
HSWA allows States to revise their
programs to become substantially
equivalent instead of equivalent  to
RCRA requirements promulgated und
HSWA authority. States exercising th
latter option receive "interim
authorization" for the HSWA
requirements under section 3006(g) of
RCRA. 42 U.S.C. 6926(g). and later ap
for Final Authorization for the HSW/3
requirements.

B. Georgia

  Georgia initially received Final
Authorization on August 21,1984. On
September 26,1985, Georgia submitte
program revision application for
additional program approvals. On ]ul
1986, EPA published a proposed  rule
FR 24549) to tentatively approve
Georgia's application for program
revisions in accordance with 40 CFR
271.2l(b)(4).
  Only one comment was received
during the public comment period. Tl
commenter questioned Georgia's test
methods for analyzing hazardous
constituents in ground water. EPA hs
reviewed Georgia's testing requiremi
and believes they are at least as
stringent as EPA's. A hearing was nc
held because significant interest wa;
expressed by the public.
  EPA has reviewed Georgia's
application and has made a final
decision that Georgia's hazardous w
program revision satisfies all of the
requirements necessary to qualify fo
Final Authorization. Consequently, 1
is granting Final Authorization to
Georgia for the program modificatio
  Effective September 18,1986, Geo:
will be authorized to implement, in 1

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         Federal Register / Vol.  51. N'o. 171 / Thursday.  September 4. 1986  /  Rules and Regulations    31619
of EPA. all changes made to the Federal
program from the date the State
received Final Authorization up to and
including the July IS, 1985 codification
rule .(50 FR 28702), except for the
authority to implement RCRA section
3005(j). A detailed discussion of the
revisions for which Georgia is granted
Final Authorization is included in EPA's
tentative decision published July 7.1986
(51 FR 24549).
C. Joint Permitting
  After the passage of the Hazardous
and Solid Waste Amendments of 1984
(I1SWA). responsibilities for hazardous
waste permitting in Georgia were split
between EPA and the State. EPA was
responsible for issuing the HSWA
port'un of permits until Georgia was
granted authorization for all or a portion
of the HSWA provisions. Georgia has
been responsible for the  non-HSWA
portion of permits under  the authority
granted to the State in EPA's Final
Authorization decision of August 21.
1984. In addition, the State has been
assisting EPA in administering the
permitting provisions of HSWA.
  Effective September 18.1986. EPA will
suspend issuance of Federal permits in
those areas for which the State is
receiving authorization, and will
transfer in a timely manner all pending
permit applications and pertinent file
information to Georgia for processing.
  Upon authorization and in accordance
with 40 CFR 124.5. EPA will terminate
the RCRA permits it has  issued to
facilities, if requested by the RCRA
permittee, once Georgia incorporates the
terms and conditions of the Federal
permits in the State RCRA hazardous
wasie permits issued to those facilities.
When EPA promulgates standards for
additional processes or regulations
mandated by HSWA not covered by this
authorization. EPA will issue and
enforce RCRA permits in the State for
those HSWA requirements until the
Slate receives authorization for those
revisions.
  Georgia is not authorized by the
Federal government to operate the
RCRA program on Indian Lands. This
authority will remain with EPA.
D. Decision
  1 conclude that Georgia's application
fur program revision meets all of the
statutory and regulatory requirements
established by RCRA. Accordingly.
Georgia is granted final authorization to
operate its hazardous  waste program as
revised. Georgia now has responsibility
for issuing permits to treatment, storage,
and disposal facilities within its borders
incorporating standards  based on the
revised program and carrying out other
aspects of the RCRA program, subject to
HSWA. Georgia also has primary
enforcement responsibilities for these
revisions, although EPA retains the right
to conduct inspections under section
3007 of RCRA and to take enforcement
actions under sections 3008. 3013 and
7003 of RCRA.
  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 4 U.S.C. 605(b). I hereby
certify that this authorization will not
have a significant economic impact on a
substantial number of small entities.
This authorization effectively suspends
the applicability of certain Federal
regulations in favor of Georgia's
program, thereby eliminating duplicative
requirements for handlers of hazardous
waste 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 271
  Administrative practice and
procedure. Confidential business
information. Hazardous materials
transportation. Hazardous waste. Indian
lands.  Intergovernmental relations.
Penalties, Reporting and recordkeeping
requirements. Water pollution control.
Water supply.
  This notice is issued under the
authority of sections 2Q02(a). 3006, and
7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C.  6912(a). 6926, and
6974(b).
  Dated: August 22. 1986.
lack E. Ravan,
Regional Administrator.
|FR Doc. 86-19907 Filed 9-3-86. 8:45 an)
BILLING COO6 (MO-50-M


DEPARTMENT OF THE INTERIOR
Office of th« Secretary
43 CFR Part 36
Fish and Wildlife Service

50 CFR Part 36
National Park Service

36 CFR Part 13

Bureau of Land Management
Transportation and Utility Systems In
and Across, and Access Into,
Conservation System Units in Alaska
AGENCY: Department of the Interior.
ACTION: Fjnal rule.
SUMMARY: This final rulemaking
implements the provisions of Title XI'
the Alaska National Interest Lands
Conservation Act (ANILCA), 94 Stat.
2371. Pub,. L 96-487, concerning
transportation and utility systems (TUS)
in Alaska when any portion of the route
of the system will be within any
conservation system unit (CSU),
national recreation area or national
conservation area. These provisions
detail the procedures that must be
followed to obtain any Federal approval
needed for a TUS. In addition, the
regulations address special  access.
temporary access and access to
inholdings.
EFFECTIVE DATE: October 6,1986.
FOR FURTHER INFORMATION CONTACT:
Ted Bingham. Bureau of Land
Management. 343-5441: Cynthia
deFranceaux, National Park Service.
343^t279: or Jim Gillett. Fish and
Wildlife Service. 343-5333: Mam Interior
Building. 18th and C Streets, NW..
Washington. DC 20240.
SUPPLEMENTARY INFORMATION: The
proposed rulemaking implementing Title
XI of ANILCA (Title XI) was published
in the Federal Register on July 15, 1983
(48 FR 32506). with a 120-day comment
period. During the comment period.
timely written comments were received
from 42 sources: 12 from corporations, 10
from organizations, 9 from governmental
agencies, and 11 from  individuals. A
handful of comments were also received
after the comment period had expired.
In addition, hearings were held at
Juneau. Fairbanks, and Anchorage.
Alaska on September  12, 14. and  16.
1983. respectively. The general tenor of
the comments cannot be easily
characterized. Certain sections of the
proposed regulations generated large
numbers of comments with  almost equal
numbers presenting favorable and
unfavorable views. Only those sections
of the proposed rulemaking that were
the subject of comments are discussed
in this preamble. In addition to the
changes discussed below, minor
editorial changes were also made.
43 CFR Part 36

Section 36.1  Applicability and Scape
   Several commenters recommended
that the discussion of applicability and
scope be broken down into  sections that
clearly separate the distinct situations to
which  the regulations apply. This
suggestion nag been followed in order to
clarify that these regulations apply  to
four types of access in Alaska within or
A

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 -13J20    Federal Register  /  Vol.  51.  N'o. 243  /  Thursday.  December 18. 1986  '  Rules and Regulations
 may not be challenged later in
 procesdi.-gs to enforce its requirements.
 (See section 307(b)(2).)

 List of Subjects in 40 CFR Part 81
   Intergovernmental relations. Air
 pollution control. National parks.
 Wilderness areas.
   Dated: November 12. 1986.
 Lee M. Thomaj.
       a.-sior.
 PART 81— DESIGNATION OF AREAS
 FOR AIR QUALITY PLANNING
 PURPOSES— INDIANA

  Title 40 of the Code of Federal
 Regulations. Chapter I. Part 81. is
 amended as follows:
  1. The authority citation for Part 81
 continues to read as follows:
  Authority: 42 U.S.C. 7401-7842.

 § 81.324 (Amended)
  2. Section 81.324  is  amended by
 revising the entries for the City of
 Duluth and the City of Rochester in the
 Minnesota Table for Carbon Monoxide
 (CO) to read as follows:

 §81.324 Minnesota.
            MINNESOTA— CO
                   OOM not
                             a*n«r man
                              N«oon«i
                             Sttndwot
C.tr o! I
Cr, at •=:;•
(KR Doc. 36-28380 Filed 12-17-36: 8.45 am|
1ILUNO COOC li*0-40-M
40 CFR Part 271
(SW-7-FRL-3129-7)

Texas; Final Authorization of State
Hazardous Waste Management
Program

AGENCY: Environmental Protection
Agency.
ACTION: Final determination.	

SUMMARY: The State of Texas has
applied for final authorization of
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act
(RCRA). EPA has reviewed the  Texas
application and has made a
determination subject to public  review
and comment, that Texas' hazardous
waste program revision satisfied all of
the requirements necessary to qualify
 for final authorization. Thus. EPA
 intends to approve Texas' hazardous
 waste program revisions. The Texas
 application for program revision is
 available for public review and
 comment.
 DATES: Final authorization for Texas
 shall be effective February 17. 1987.
 unless EPA publishes  a prior Federal
 Register action withdrawing this
 immediate final determination. All
 comments on Texas' program revision
 application must be received by the
 ciose of business January 20. 1987.
 ADDRESSES: Copies of Texas' program
 revision application are available from
 8:30 a.m.  to 4:00 p.m. Monday through
 Friday at the following addresses for
 inspection and copying: Texas Water
 Commission. Library. Fifth Floor.
 Stephen F. Austin State Office Building.
 iroo North Congress. Austin. Texas
 78711. Phone (512) 463-7834: U.S. EPA
 Region VI. Library 27th Floor.
 Renaissance Tower. 1201  Elm Street.
 Dallas. Texas 75270. Phone (214) 767-
 7341; and U.S.  EPA Headquarters.
 Library. PM 211A. 401 M Street SW..
 Washington, DC 20460: Phone (202) 382-
 5928. W'ntten comments should be sent
 to Ms. Lynn Pnnce, State Program
 Section (6H-HS). Hazardous Waste
 Programs Branch. U.S. EPA Region VI.
 23th Floor. Renaissance Tower. 1201 Elm
 Street. Dallas. Texas 7S270. Phone (214)
 767-0173.
 FOR FURTHER INFORMATION CONTACT:
 Ms. Lynn Pnnce. State Programs Section
 (6H-HS). Hazardous Waste Programs
 Branch. U.S. EPA Region VI. 28th Floor.
 Renaissance Tower. 1201 Elm Street.
 Dallas. Texas 75270. Phone (214) 767-
0173.
               INFORMATION:
A. Background
  States with final authorization under
section 3006(b) of the Resource
Conservation and Recovery Act
(RCRA). 42 U.S.C. 6929(b). have a
continuing obligation to maintain a
hazardous waste program that is
equivalent to. consistent with, and no
less stringent than the Federal
hazardous waste program. In addition.
as an interim measure, the Hazardous
and Solid Waste Amendments of 1984
(Pub. L 98-618. November 8. 1984.
hereinafter "HSWA") allows States to
revise their programs to become
substantially equivalent instead of
equivalent to RCRA requirements
promulgated under HSWA authority.
States exercising the latter option
receive "interim authorization" for the
HSWA requirements under section
3006(9) of RCRA. 42  U S.C 6926(9), and
later apply  for final authorization for the
 HSWA requirements. Revisions to St,:'p
 hazardous waste programs are
 necessary when Federal or State
 statutory or regulatory authority is
 modified or when certain other changes
 occur. Most commonly. State program
 revisions are necessitated by changes to
 EPA a regulations in 40 CFR Parts 260-
 266 and 124 and 270.

 B. Texas
  The State of Texas initially received
 final authorization on December 12.
 1984. Texas received  authorization for
 revisions to its program on March 26.
 1985. and January 31.1988. On
 November 5.1986. Texas submitted
 revisions to us entire program. Today.
 Texas is seeking approval of its  program
 revisions application in accordance with
 40 CFR 271.21(b)(3).
  EPA has reviewed  the Texas
 application, and has made an immediate
 final decision that Texas'  hazardous
 waste program revisions satisfied all of
 the requirements necessary to qualify
 for final authorization. Consequently.
 EPA intends to grant  authorization (or
 the RCRA program. The public majj
 submit written comments  on EPA'sl
 immediate final decision up until \
 January 20.1987. Copies of the Texas
 application for program revisions are
 available for inspection and copying at
 the locations indicated in  the
 "ADDRESSES" section of this notice.
  The Texas program revisions
 encompass the Texas Water
 Commission's permanent rules in 31
TAG Chapters 281. 305. and 335. These
 revisions were necessitated by
 legislative actions of  the Sixty-Ninth
 Legislature of the State of Texas which
abolished the Texas Department of
Water Resources and transferred its
industrial hazardous waste duties and
 the municipal hazardous waste duties of
 the Texas Department of Health to the
Texas Water Commission on September
 1.1985. These rules are approved with
 the exception of 305.24(a); 305.25. 305.30:
305.44 (a)(3) and (b); 305.46: 305.62(c)(2):
305.65; 305.68: 305.96:  305.105(c); 305.104:
305.145(b); 335.10(a); 335.13(b); 335.15 (2)
and (3): 335.61 (8)(B) and (10); 335.71(6):
335.111: and 335.125 which will be
addressed later. The approval also
 includes two additional rules, one
relating to the redefinition of solid waste
published by EPA on  January 4. 1985,
 and the other relating to the satellite
 accumulation provision published
December 21.1984. The State is not
being authonzed for any of the HSWA
provisions at this time. In addition, the
 State has submitted three  emergency
 rules. One of these rules, revised RuJe
 305.105(c), deleted the requirement that

-------
         Federal  Register /  Vol. 51. No. 243  /  Thursday. December Id.  VJae / Rules and  Revuldt;or.s   43321
for purposes of requesting a public
hearing, an affected person must have
any interest "different from that of the
general public." Deletion of this phrase
returns the definition of "affected
person" to that authorized in December
1934. Rules 335.61 (8)(B) and (10) were
revised to make it clear that generators
who mix solid waste with a hazardous
waste that exceeds a  quantity exclusion
level are subject to  full regulation.
Finally. Rule 305.145(b) was amended to
reduce the number of days allowed for
wntten release or discharge reports
from 25 days back to IS days.
  EPA had made changes in the Federal
program since authorizing the State of
Texas. Texas has committed to convert
the three emergency rules to permanent
rules and to submit a  program revision
application that addresses the rules
excluded above by Spnng 1987 to EPA.
EPA will then determine whether to
proceed or not to proceed with Final
Authorization of the new Texas RCRA
program at that time.
  We are directing your attention today
to the rwo additional RCRA rules. The
first, the redefinition of solid waste
modifies the regulatory definition of
solid waste to clarify which secondary
"materials being recycled are solid and
hazardous wastes under Subtitle C of
RCRA. In addition, it established
general and specific standards for
various types of hazardous waste
recycling activities. The second, the
satellite accumulation rule allows
generators to store up to 55 gallons of
hazardous waste at or near the point of
generation subject to certain conditions.
After three days the amount in excess of
the threshold levels must be managed in
accordance with the requirements of the
less than 90-day storage rule.
  In addition, the State of Texas is not
being authorized to operate on Indian
lands.
C Decision
  I conclude that Texas' application for
program revisions meets all of the
statutory and regulatory requirements
established by RCRA. Accordingly,
Texas is granted final authorization to
operate its hazardous waste program as
revised. Texas now has responsibility
for permuting treatment, storage, and
disposal facilities within its borders and
carrying out other aspects of the RCRA
program, subject to the limitation of its
revised program application and
previously approved authorities. Texas
also has primary enforcement
responsibilities, although EPA retains
the nght to conduct inspections under
section 3007 of RCRA and to take
enforcement actions under sections 3008.
3013. and 7003 of RCRA.
Compliance With Executive Order 12291
  The Office of Management and Budget
has exempted this determination from
the requirements of section 3 of
Executive Order  12291.

Certification Under the Regulatory
Flexibility Act
  Pursuant to the provisions of 4 U.S.C.
605(b). I hereby certify that this
authorization will not have a significant
economic impact on a substantial
number of small entities. This
authorization effectively suspends the
applicability of certain Federal
regulations in favor of Texas' program.
thereby eliminating duplicative
requirements for  handlers of hazardous
waste 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 271
  Administrative practice and
procedure. Confidential  business
information. Hazardous materials.
Transportation. Hazardous waste.
Indian lands. Intergovernmental
relations. Penalties. Reporting and
recordkeepmg requirements. Water
pollution control. Water supply.

Authority
  This notice is issued under the
authority of sections 1006. 2002(a). and
3008 of the Solid  Waste  Disposal Act as
amended by the Resource Conservation
and Recovery Act of 1976. as amended
(42 U.S.C. 6905. 6912(a) and 6926).
  Dated: December 12.1986.
Myron O. KaudMo.
Acting Regional Administrator.
(FR Doc. 86-28382 Filed 12-17-40: 8:43 «m|
DEPARTMENT OF HEALTH AND
HUMAN SERVICES

Heaftft Car* Financing Administration

Office of CWtd Support Enforcement

Office of Family Aaaiatanc*

Ottlca of the Secretary

42 CFR Part 433

45 CFR Parta 95, 205, and 307

Automatic Data Procaaalng Equipment
and Servtcee; Condttiona for Federal
Financial Participation
       r Health Care Financing
Administration. Office of Child Support
Enforcement. Office of Family
Assistance, and Offic of the Secretar..
HHS.
ACTION: Final rule.

SUMMARY: In September 19/8. the
Department of Health and Human
Services (HHS—then the Department r?
Health. Education and Welfare)
published a regulation containing
requirements that  State and local
governments must observe to claim
Federal reimbursement for the costs of
automatic data processing (AJDP)
equipment or services. The regulations
are applicable to certain public
assistance programs under the Social
Security Act. The regulations were
modified in February 1980 and in
January  1968 to implement  certain
changes.
  These regulations change
requirements for the claiming of Federal
matching funds for the acquisition of
ADP equipment or services in the
administration of pubic assistances
programs under the Social Security Act
Titles L rV, X. XIV. (AABD). XXIX and
XX.
  The change modifies the regulations
to conform to legislative changes! raises
the HHS prior approval threshold for
most State and local government
acquisitions, and limits the types of
documents which  are sub;ec to prior
approval requirements. The purpose of
the change is to:
—Simplify and make these regulations
  consistent to  the maximum extent
  possible, with those regulations that
  govern availability of Federal
  Financial Participation (FFP) at the
  enhanced matching rate for
  computerized systems that support
  programs under Titles IV-A. IV-D.
  and XIX of the Social Security Act:
—Allow States more flexibility in
  implementing small systems: and
—Reduce paperwork.
fFPCCnVK DATE January 20. 1987.
POA FUWTHW INFORMATION CONTACT:
Ron Lentz. (202) 245-0422.
SUPVKMCMTAMY INFOMMATIOM: HHS.
then the Department of Health.
Education and Welfare, published final
regulations "Automatic Data Processing
Equipment and Services—Conditions for
Federal  Financial  ParOapanon".
Subpart F of 45 CFR Part 95 In the
Federal  Register. (43 FR 44851).  on
September 29.1978. These regulations
required State and local governments to
obtain prior wntten approval by the
Department for the acquisition of ADP
equipment or ADP services when the
acquisition costs exceeded $25.000.
These regulations were modified by a
rule change published on February 19.

-------
                                                  •OSWER DIRECTIVE #9540.00-9
                                 RCRA REVISION CHECKLIST 1

                                      Biennial Report
                                      48 FR 3981-3983
                                      January 28, 1983
  FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
IF DIFFERENT FROM FEDEF
                                        STATUTE   REGULATION   REQUIREMENT, EXPLAIN
                               PART 262 - GENERATOR STANDARDS
                          SUBPART D - RECORDKEEPING AND REPORTING
t RECORDKEEPING
record
retention period
262.40(b)


  BIENNIAL REPORT
information submitted
1 on biennial report
qenerators who treat,
store or dispose on-site
262.41(a)
262. 4Kb)



•
                               PART 264 - FACILITY STANDARDS
                  SUBPART E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
t BIENNIAL REPORT
introductory paragraph
264.75
!
  UNMANIFESTED WASTE REPORT
  introductory paragraph  |264.76
t ADDITIONAL REPORTS
introductory paragraph
264.77


                        PART 265 - INTERIM STATUS FACILITY STANDARDS
                  SUBPART E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
t BIENNIAL REPORT
introductory paragraph
265.75


       1  Vfaile the requirement to submit a biennial report rather than an annual
  report is less stringent,  the information requirement has been expanded.
                               Tanuarv 28,  1983 - Page 1 of 2

-------
                    RCRA REVISION CHECKLIST:  Biennial Report  (cont'dl
FEDERAL REQUIREMENT
RCRA CITE
| STATE AUTHORITY
| STATUTE REGULATION
IF DIFFERENT FROM ^L
REQUIREMENT, EXPLAIN
  UNMANIFESTED WASTE REPORT
introductory paragraph
265.76


t ADDITIONAL REPORTS
introductory paragraph
265.77


                             SUBPART F - GROUNDWATER MONITORING
t RECORDKEEPING AND REPORTING
annual reguirement
annual report
265.94(a)(2)
265.94(b)(2)




                             PART 122 - PERMITTING REQUIREMENTS
t NONCOMPLIANCE AND PROGRAM .REPORTING BY THE DIRECTOR
  program report
122.18(c)(3!
270.5(b)(2)
t ADDITIONAL CONDITIONS APPLICABLE TO ALL RCRA PERMITS
biennial report
122.28(e)(3)
270.30(k)(a)


                               January 28, 1983 - Page  2 of  2

-------
                      'OSWER  DIRECTIVE  #9540.00-9
     RCRA REVISION CHECKLIST 2

Permit Rules:   Settlement  Agreement
            48 FR 39622
         September 1,  1983
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDE1
EXPLAIN
 PART 270 - PERMITTING REQUIREMENTS
   SUBPART B - PERMIT APPLICATION
SIGNATURES TO PERMIT APPLICATIONS AND REPORTS
for a corporation
for a municipality, etc.
certification

270.11(a)(3)
270.11(d)






   SUBPART C - PERMIT  CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
event of noncompliance
270.30(d)


  September  1,  1983 -  Page  1 of  1

-------
                                                *  OSWER DIRECTIVE #9540.00-9
                               RCPA REVISION CHECKLIST 3

                         Interim Status Standards Applicability
                                     48 FR 52718-20
                                   November 22, 1983
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT ,
FROM FEDER/
EXPLAIN
            PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
                                  SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
persons to whom reqs
apply
265. Kb)


                            November 22,  1983  - Page 1  of  1

-------
                                               OSWER DIRECTIVE #9540.00-9
                              RCRA REVISION CHECKLIST 4

                   Chlorinated Aliphatic Hydrocarbon Listing (F024)
                                     49 FR 5312
                                 February 10, 1984
FEDERAL REQUIREMENT    "T RCRA CITE   T~ST_ATE AUTHORITY     |  'IF DIFFERENT FROM FEDERAL
	j	   [STATUTE PREGULATIONI  REQUIREMENT, E_XPLAIN   	

                          PART 261 - IDENTIFICATION AND LISTING
                           SUBPART D - LISTS OF HAZARDOUS WASTE
HAZARDOUS WASTE FROM NONSPECIFIC SOURCES
list of "F" waste       1261-31
 §261.31 Hazardous waste from nonspecific sources
 EPA Hazardous                Hazardous waste                                 Hazard
 Waste Number                                                                  Code
 F024	Wastes including but not limited to distillation residues,     (T)
                 heavy ends, tars, and reactor cleanout wastes from the
                 production of chlorinated aliphatic hydrocarbons, having
                 carbon content from one to five, utilizing free radical
                 catalyzed processes.  (This listing does not include
                 light ends, spent filters and filter aids, spent desstcants,
                 wastewaters, wastewater treatment sludges, spent catalysts,
                 and wastes listed in §261-32.)
                                  APPENDIX VII to PART 261
hazardous constitutes   [Appendix VII I	
 APPENDIX VII-Basis for Listing Hazardous Waste
 EPA Hazardous            Hazardous constituents for
 Waste No.                which listed
 F024	Ohioromethane,  dichlororaethane, trichloromethane,  carbon tetrachloride,
                 chloroethylene ,  1 ,1-dichloroet'nane ,  1 ,2-dichloroethane ,  trans-1-2-
                 dichloroethylene, 1,1-dichloroethylene,  1,1,1-trichloroe thane,
                 1,1,2-trichloroethane,  trichloroethylene ,  1,1,1,2-tet rachloroethaae ,
                 1jl.2,2-tetrachloroethane, tetracholoethylene,  pentachloreethane,
                          February  10,  1934  - Page 1 of 2

-------
                  RCRA REVISION CHECKLIST:  Chlorinated Alipatic Hydrocarbon


7EDERAL~REQUIREMENT     |  RCRA CITE   f STATE "AUTHORITY    |   IF~DlFFERENT~FROM FE
                        I              jSTATUTE I  REGULATION!   REQUIREMENT  EXPLAIN
                            APPENDIX VII to PART 261(con't)
EPA Hazardous                Hazardous constituents for
Waste No.                    which list
F024	hexachloroethane, allyl chloride (3-chloropropene),  dichloropropane ,
                dichloropropene,  2-chloro-l,3-butadiene, hexachloro-1,3-butadiene,
                hexachlorocyclopentadiene,  hexachlorocyclohexane,  benzene, chloro-
                benzene, dichlorobenzenes,  1,2 ,4-trichlorobenzene, tetrachlocobenzene,
                pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.
                               APPENDIX VIII of PART 261
add                     I        '      I                     I
3-chloropropene	I Appendix VIIII	  _  I
__                     ^           j                     |_

2-chloro-l,3-butadiene  I Appendix VIIII                     I
                            February 10  1984 - Page 2 of 2

-------
                                                • OSWER DIRECTIVE #9540.00-9
                               PCPA REVISION CHECKLIST  5
                               National Uniform Manifest
                                   49 FR 10500-10510
                                     March 20, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDER
REQUIREMENT, EXPLAIN
                 PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM - GENERAL
                                SUBPART B - DEFINITIONS
DEFINITIONS
manifest
manifest document number
260.10
260.10




                             PART 262 - GENERATOR STANDARDS
                                SUBPART B - THE MANIFEST
GENERAL REQUIREMENTS
use of manifest
262.20(a)


ACQUISITION OF MANIFESTS
apply consignment state
apply generator state
apply anywhere
262.21(a)
262.2Kb)
262.21(c)






                             SUBPART E - SPECIAL CONDITIONS
INTERNATIONAL SHIPMENTS
introductory text
generator state
introductory text
impor tees/consignment
state
262.50(b)(3)
262.50(b)(4)
262.50(d)
262.50(e)








                               APPENDIX <--> PART 262
uniform manifest
instructions
8700-22
8700-22(A)
                              March 20, 1984 -'Page 1 of 1

-------
                         OSWER DIRECTIVE #95^0.00-9
     RCPA REVISION CHECKLIST 6

Permit Rules:   Settlement Agreement
         49 FR 17718-17719
           April 24, 1984
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAJ
EXPLAIN
 PART 270 - PERMITTING REQUIREMENTS
     SUBPART G - INTERIM STATUS
QUALIFYING FOR INTERIM STATUS
failure to Qualify
270.70(b)


    April 24,  1984  - Page 1  of  1

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                                                  •OSWER  DIRECTIVE  #9540.00-9

                                 RCRA REVISION CHECKLIST 7

                            PART 261 - Warfarin & Zinc Phosphide
                                        49 FR 19923
                                        May 10, 1984
  FEDERAL REQUIREMENT
           RCRA CITE    STATE AUTHORITY
                                        STATUTE   PECULATION
IF DIFFERENT FROM FEDE1
REQUIREMENT, EXPLAIN
                           PART 261 - IDENTIFICATION AND LISTING
                            SUBPART D - LISTS OF HAZARDOUS WASTE
t DISCARDED COMMERCIAL CHEMICAL PRODUCTS,  ETC.
  toxic "P" waste
       261.33(e)
   §261.33(e)
   Hazardous
   Waste No.
Substance
   P001	3-(alpha-AcetonyIbenzy 1 )-4-hydroxycoumann and salts,  when  present
                 at concentrations greater than 0.3%.

   P001	Warfarin,  when present at concentrations greater than 0.3%.

   P122	Zinc phosphide,  when present at concentrations greater than  10%.


t DISCARDED COMMERCIAL CHEMICAL PRODUCTS,  ETC.

  toxic "U" waste	|261.33(f)


   §261.33(f)	
   Hazardous     Substance
   Waste No.	

   U248	3-(alpha-Acetonybenzyl)-4-hydroxycoumann and  salts, when present  at
                 concentrations of  0.3% or less.

   U248	Warfarin,  when present at concentrations of 0.3% or less.

   U249	Zinc phosphide,  when present at concentrations of 10% or less.
                                 May  10,  1984  -  Paqe  1  of  1

-------
                       ' OSWER  DIRECTIVE #9540.00-9

      RCRA REVISION CHECKLIST 8

 Lime Stabilized Pickle Liquor Sludge
             49 FR 23287
             June 5,  1984
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT ,
FROM FEDEI
EXPLAIN
PART 261 - IDENTIFICATION AND LISTING
         SUBPART A - GENERAL
DEFINITION OF HAZARDOUS WASTE
waste pickle liouor
sludqe
261.3(c)(2) '


      June 5,  1984  -  Page  1 of  1

-------
                                                  • OSWER DIRECTIVE #9540.00-9
                                 RCRA REVISION CHECKLIST  9

                                      Household Waste
                                        49  FR  44980
                                     November  13,  1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDEP
REQUIREMENT, EXPLAIN
                           PART  261  -  IDENTIFICATION AND LISTING
                                    SURPART A - GENERAL
t EXCLUSIONS
  household waste         |261.4(b)(l)
  Also note  the  amendment  to  §261.4(b)(l) on July 15, 1985  [50 FR 28743]
                             Movember 13, 1984 - Paqe 1 of 1

-------
                                                  OSWER  DIRECTIVE  #9540.00-9
                               RCRA REVISION CHECKLIST 10

                         Interim Status Standards Applicability
                                      49 PR 46095
                                   November 21, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM FEDE1
REQUIREMENT, EXPLAIN
            PART Z65 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
                                  SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
purpose
persons to whom regs
apply
265. l(a)
265. Kb)




                           November 21,  1984 - Page 1  of 1

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                               • OSWER  DIRECTIVE  #9540.00-9

              RCRA REVISION CHECKLIST 11

          Corrections to Test Methods Manual
                     49 FR 47391
                   December 4, 1984
FEDERAL REQUIREMENT
RCRA CITE'
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDER
REQUIREMENT, EXPLAIN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:   GENERAL
               SUBPART B - DEFINITIONS
REFERENCES
SW-846 revised
260.11(a)


           SUBPART C - RULEMAKNG PETITIONS
PETITIONS FOR EQUIVALENT TESTING OR ANALYTICAL METHODS
remove Garment at end
260.21


          PART 270 - PERMITTING REQUIREMENTS'
           SUBPART A - GENERAL INFORMATION
REFERENCES
SW-846 revised
270. 6(a)

            December  4,  1984  -  Paqe  1 of  1

-------
                        OSWER  DIRECTIVE  #9540.00-9
      RCRA REVISION CHECKLIST 12


        Satellite 'Accumulation
          49 FR 49571-49572
          December 20,  1984
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDE1
EXPLAIN
    PART 262 - GENERATOR STANDARDS
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME
point of generation
262.34(c)


   December 20,  1984  -  Page  1 of  1

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                                                  •OSWER  DIRECTIVE  #9540.00-9
                                  RCRA REVISION CHECKLIST 13

                                  Definition of Solid Waste
                                        50 FR 614-668
                                       January 4, 1985
FEDERAL
REQUIREMENT
RCRA
CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDEI
EXPLAIN
                    PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL
                                   SUBPART B - DEFINITIONS
  DEFINITIONS
boiler
t designated facility
incinerator
industrial furnace
260.10
260.10
260.10
260.10






-

                               SUBPART C - RULEMAKING PETITIONS
t VARIANCES FROM CLASSIFICATION AS A SOLID WASTE
(1) speculative accumulation | 260.30 (a)
returned to process
further reclamation
260.30(b)
260. 30 (c)






t STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE
speculative accumulation
returned to process
further reclamation
260.31(a)
260.31(b)
260.31(c)






t VARIANCE TO BE CLASSIFIED AS A BOILER
case-by-case
determination
260.32


     1) Also see technical correction to the rule at 50 FR 14216 (April 11, 1985',
                                January 4, 1985 - Page 1 of 6

-------
                RCRA REVISION CHECKLIST:  Definition of Solid Waste (cont'd)
  FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
                                        STATUTE   REGULATION
IF DIFFERENT FROI
REQUIREMENT, EXP
t PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE OR TO BE
    CLASSIFIED AS A BOILER
t application
260.33(a)
notice/public hearing [260. 33 (b)




* ADDITIONAL REGULATION OF CERTAIN HAZARDOUS WASTE RECYLING ACTIVITIES ON A
    CASE-BY-CASE BASIS
case-by-case
determination
260.40


* PROCEDURES FOR CASE-BY-CASE REGULATION OF HAZARDOUS WASTE RECYCLING ACTIVITIES
  determining procedures  1260.41
                   PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                     SUBPART A - GENERAL
  PURPOSE AND SCOPE
applicability
definitions
261. l(b)
261. l(c)


^ ,
^
  DEFINITION OF SOLID WASTE
discarded/not excluded
abandoned
(2) use constitutes disposal
( 2 ) energy recovery
reclaimed
accumulated
speculativelv
inherently waste-like
261. 2(a)
261. 2(b)
261.2(c)(l)
261.2(c)(2)
261.2(c)(3)
261.2(c)(4)
261. 2(d)














      ;2)  Also see technical correction to the rule at 50 FR 33542 (August 20, 1985]

       * Not needed if State does not allow the exclusion of 261.6(a)(2)(iv).
                                January 4, 1985 - Paqe 2 of 6

-------
                  RCRA REVISION CHECKLIST:  Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
not solid waste
when recyled
documentation
RCRA CITE
261. 2(e)
261. 2(f)
STATE AUTHORITY
STATUTE
REGULATION


IF DIFFERENT
REQUIREMENT,
FROM- FEDERAL
EXPLAIN


generated
for
treatment
261.:
J(c
(2)
1
  t DEFINITION OF HAZARDOUS WASTE




(1)




  t EXCLUSIONS




(1)
black liquor
spent sulfuric acid
261.4(a)(6)
261.4(a)(7)




  t SPECIAL REQUIREMENTS _FOR HAZARDOUS WASTE_GENERATED BY SMALL QUANTITY GENERATORS




(1)




    REQUIREMENTS FOR RECYCLABLE MATERIALS
quantity determination
261. 5(c)


(2;
(2:
recyclable materials
regulated
under Part 266
exemption for rule
generators and
transporters
recycling facilities
261.6(a)(l)
261.6(a)(2)
261.6(a)(3)
261. 6(b)
261. 6(c)










                                SUBPART D - LISTS OF HAZARDOUS WASTES
    HAZARDOUS WASTE FROM NONSPECIFIC SOURCES
generic listings
261.31


    DISCARDED COMMERCIAL CHEMICAL PRODUCTS,  etc,
    introductory text
261.33
        (1)   Also see technical  correction to the rule at 50 FP. 14216 (April 11,  1985).



        (2)   Also see technical  correction to the rule at 50 FR 33542 (Auaust 20,  1985)
                                  January 4,  1985 - Page 3 of

-------
              RCRA REVISION CHECKLIST:  Definition of Solid Waste  (cont'd)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
b'HUM b'fflBR^L
EXPLAIN
                             PART 264 - FACILITY REQUIREMENTS
                                   SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
exemption from
rule
264.1(q)(2)


                                 SUBPART 0 - INCINERATORS
APPLICABILITY
owners and operators
with exception
264.340(a)


                          PART 265 - FACILITY INTERIM STANDARDS
                                   SUBPART A - GENERAL
PURPOSE, J5COPE_ AND^PPLICABILITY
exemption
from
rule
265
.1
c)
(6)


                                 SUBPART 0 - INCINERATORS
APPLICABILITY
owners and operators
with exception
265.340(a)


                              S. 3PART D - THERMAL TREATMENT
OTHER THERMAL TREATMENT
thermal treatment
265.370
                              January 4,  1985 - Page  4 of  6

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              RCRA REVISION CHECKLIST:  Definition of Solid Waste  (cont'd)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                        PART 266 - SPECIFIC MANANGEMENT STANDARDS
                        SUBPART C - RECYCLABLE MATERIALS USED IN A
                                    MANNER CONSTITUTING DISPOSAL
APPLICABILITY
applied to or
placed on land
t products for general use
266.20(a)
266. 20 (b)




STANDARDS APPLICABLE TO GENERATORS AND TRANSPORTERS OF MATERIALS USED
  IN A MANNER THAT CONSTITUTES DISPOSAL
generators and
transporters
266.21


STANDARDS APPLICABLE TO STORERS OF' MATERIALS THAT ARE TO BE USED IN A MANNER THAT
  CONSTITUTES DISPOSAL WHO ARE NOT THE ULTIMATE"USERS
storers of material
266.22


STANDARDS APPLICABLE TO USERS OF MATERIALS THAT ARE USED IN A MANNER THAT CONSTITUTES
  DISPOSAL
users of material
1266.23
                  SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY tf
APPLICABILITY
1)
2)
recovery in boilers
and industrial furnaces
exemption from rule
266.30(a)
266.30(b)




STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE FUEL
generate, market, or
burn fuel
266.32


STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE FUEL
from generators to
marketer or burner
1 ) from marketer to burner
266.33(a)
266.33(b)




    (1)  Also see technical correction to the rule at 50 FP 14216 (April 11, 1985),

    (2)  Also see technical correction to the rule at 50 FR 33542 (August 20, 1985!

     tt Also see checklist for the November 29, 1985 (50 FR 49164-49212), for
further amendments regarding used oil.
                              January 4, 1985 - Page 5 of 6

-------
              RCRA REVISION CHECKLIST:  Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEMfc
REQUIREMENT, EXPLAIN^B
STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUELS
requirements/prohibition
 266.34
STANDARDS APPLICABLE TO BURNERS OF HAZARDOUS WASTE FUELS
burners that
store
266.35(c)


CONDITIONAL EXEMPTION FOR SPENT MATERIALS AND BY-PRODUCTS EXHIBITING A CHARACTERISTIC
  OF HAZARDOUS WASTE
exemption
1266.36
                      SUBPART F - RECYCLABLE MATERIALS UTILIZED FOR
                                  PRECIOUS METAL RECOVERY
APPLICABILITY AND REQUIREMENTS
precious metal relaimers
subject to requirements
storaqe of recyled
materials
accumulated
speculatively
266.70(a)
266.70(b)
266.70(c)
266.70(d)

•


-
.
A
•
                  SUBPART G - SPENT LEAD-ACID BATTERIES BEING RECLAIMED
(2)
(1)
(2)
APPLICABILITY AND REQUIREMENTS
persons who reclaim
batteries
storage
before reclamation
266.80(a)
266.80(b)




    (1)  Also see technical correction to the rule at 50 FR 14216 (April 11, 1985),

    (2)  Also see technical correction to the rule at 50 FR 33542 (Auqust 20, 1985!
                              January 4, 1985 - Page 6 of 6

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                                               OSWER DIRECTIVE #9450.00-9
                               RCRA REVISION CHECKLIST 14

                     Dinxin Waste Listing and Management Standards
                                     50 FR 1978-2006
                                    January 14. 1985
FEDERAL REQUIREMENT
                     RCRA  CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                  SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY SMALL QUANTITY GENERATORS
acutely hazardous
residues
26l.5(e)(l)
26l.5(e)(2)
RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
definition of empty
acute hazardous wastes •
26l.7(b)(l)
26l.7(b)(3)


                         SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
acute "F" wastes
                       "T
                   |26l.30(d)
HAZARDOUS WASTE FROM NONSPECIFIC SOURCES
list of "F" wastes
                    261-31
.31 ^_ Hazardous  waste  from  non-specific  sources
                         Hazardous  waste
 EPA hazardous
 waste No.
                                     Ha za rd
                                      Code
 F020.
       .Waste  (except  wastewater  and  spent  carbon  fr^m  hydrogen  chloride
        purification)  from  the  production or  manufacturing  use  (13  a
        reactant ,  chemical  intermediate, or component in  a  formulating
        process) of  tri- or tetrachlorophenol ,  or  of  intermediates  used
        to  produce their pesticide  derivatives.  (This  listing  does n->t
        include wastes  from the production  of  Hexachlorophene  from  highly
        purified 2,4,5-trichlorophenol.).
                                        (H)
 (continued  on next  page)
                              January

-------
      RCRA REVISION CHECKLIST:   Dioxin Listing and  Management Standards (cnnt'd)
FEDERAL REQUIREMENT
RCRA CITE    STATE AUTHORITY
 RCRA CITE  "[_
	11
                                      STATUTE   REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
 F021	.-Wastes (except  wastewater  and  spent carbon from hydrogen chloride
             purification)  from the  production or manufacturing  use  (as a
             reactant.  chemical intermediate,  or component  in a  formulating
             process)  of pentachlorophenol ,  or of intermediates  used to
             produce its derivatives.
 F022	Waste (except  wastewater and  spent carbon from hydrogen chloride   (H)
             purification)  from the  manufacturing use (as a reactant , chemical
             intermediate,  or component in  a formulating process)  of tetra-,
             penta-, or hexachlorobenzenes  under alkaline conditions.
 F023	Wastes (except  wastewater  and  spent carbon from hydrogen chloride  (H)
             purification)  from the  production of materials on equipment
             previously used for the production or manufacturing use (as a
             reactant ,  chemical intermediate ,  or component  in a  formulating
             process)  of tri- and tetrachlorophenois. (This listing  does not
             include wastes  from equipment  used only  for the production or use
             of Hexachlorophene from highly  purified  2,4,5-trichlorophenol.)
 F026	.Wastes (except  wastewater  and  spent carbon from hydrogen chloride
             purification)  from the  production of materials on equipment        (H)
             previously used for the manufacturing use (as  a reactant.  chemical
             intermediate,  or component in  a formulating process)  of tetra-,
             penta-. or hexachlorobenzene  under alkaline conditions.
 F027	Discarded  unused formulations  containing tri-. tetra-.  or          (H)
             pentachlorophenol or discarded  unused formulations  containing
             compounds  derived from  these  chlorophenois.  (This  listing does
             not include formulations containing Hexachlorophene sythesized
             from prepurified 2,4.5-trichlorophenol as the  sole  component.)
 F028	Residues  resulting from the incineration or thermal treatment      (H
             of soil contaminated with  EPA  Hazardous  Waste  Nos.  F020, F021,
             F022, F023, F026, and  F027.
DISCARDED COMMERCIAL CHEMICAL PRODUCTS,
OFF-SPECIFICATION SPECIES.  CONTAINER RESIDUES,  AMD SPILL RESIDUES
Toxic "U" wastes         ?6l.33(f)
NOTE: the following "U" wastes have been removed from the §26l.33(f)  list since they
      are now regulated under §261.31:

           U242 - Pentachlorophenol
           U242 - Phenol, pentachloro-
           U212 - Phenol, 2,3 - 4,6-tet-achloro-
           U230 - Phenol. 2 , it ,5-trichloro
           U231 - Phenol, 2.4,6-trichloro
           U233 - Propionic acid, 2-(2,4,5-trichlorophenoxy)-
           U233 - Silvex
           U232 - 2,4,5-T
           U212 - 2,3,4.6-Tetrachlorophenol
           U230 - 2.4,5-Trichlorophenol
           U231 - 2,U,6-Trichlorophenol
           11232 - 2, 4 , 5-Trichlorophenoxyacet ic acid
                             January 14.  1985 - Page 2 of 7

-------
                    RCRA REVISION CHECKLIST:  Dioxin  (continued)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAI
EXPLAIN
                               APPENDIX III TO PART 261
ANALTICAL METHODS
remove entry chlorinated
d ibenzodioxins
add new entries
Table 1
Table 1




Table 1 - Analytical Methods for Organic Chemicals Contained in SW-846
   Compound
    First Edition
    Method
               Second Edition
               Method
Chlorinated dibenzo-p-dioxins,
Chlorinated dibenzofurans.	
                         .8280
                         .8280
add
new
entry
Table
3


Table 3 - Sampling and Analysis Methods Contained in SW-846
                                   First Edition
                               Second Edition
  Title
Section
No.
Method
No.
Section
No.
Method
No.
Analysis of Chlorinated
Dioxins and Dibenzofurans
                             .8.2
                              8230
                             January 14, 1985 - Page 1 of 7

-------
                     RCRA REVISION CHECKLIST:  Dioxin (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM Fa«Kr_ '
REQUIREMENT, EXPLAIN
                                APPENDIX VTI TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add new
entries
Appendix VII


 Appendix VII - Basis for Listing Hazardous Wastes
 EPA Hazardous
 Waste No.
Hazardous constituents for which listed
 F020	Tetra- and pentachlorodibenzo-p-dioxins;  tetra- and pentachlorcdi-
                   benzofurans;  tri- and tetrachlorophenoLs  and their chlorophenoxy
                   derivative acids, esters,  ethers, amine and other salts.
 F021	Penta- and hexachlorodibenzo-p-dioxins; penta- and hexachlorodi-
                   benzofurans;  pentachlorophenol and its derivatives.
 F022	Tetra-, penta-,  and hexachlorodibenzo-p-dioxins; tetra-, penta-,
                   and hexachlorodibenzofurans.
 F023	Tetra- and pentachlorodibenzo-p-dioxins;  tetra- and pentachloro-
                  , diben-zofurans;  tri- and tetrachlorophenols and their chlorophenoxy
                   derivative acids, esters,  ethers, amine and other salts.
 F026	Tetra-, penta-,  and hexachlorodibenzo-p-dioxins; tetra-, penta^
                   and hexachlorodibenzofurans.
 F027	Tetra-, penta-,  and hexachlorodibenzo-p-dioxins; tetra-, penta-,
                   and hexachlorod ibenzofurans; tri-, t-etra-, and pentachlorophenols
                   and their chlorophenoxy derivative acids, esters, ethers, amine
                   and other salts.
 F02&	Tetra-, penta-,  and hexachlorodibenzo-p-dioxins; tetra-, penta-,
                   and hexa'c.hlorodibenzofurans; tri-, tetra-, and pentachlorophenols
                   and their chlorophenoxy derivative acids, esters, ethers, amine
                   and other salts.
                             January 14, 1985 - Page 4 of 7

-------
                     RCRA REVISION CHECKLIST:  Dioxin  (continued)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                               APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
add new entries
|AppendixVIII
 Appendix VIII - Hazardous Constituents
  hexachlorodibenzo-p-dioxins
  hexachlorod ibe nzof urans
  pentachlorodibenzo-p-dioxins
  pentachlorodibenzofurans
  tetrachlorodibenzo-p-dioxins
  te trachlorod ibe nzof urans
                                 APPENDIX X TO PART 261
METHOD OF ANALYSIS FOR CHLORINATED DIBENZO-P-DIOXINS AND  DIBENZO-FURANS
method 8280
[Appendix X
SEE 50 FR 2001 - 2003 for method
                PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
                                 SUBPART I - CONTAINERS
CONTAINMENT
exception
containment system »
264.175(c)
264.175(d)




                                   SUBPART J - TANKS
INSPECTIONS
contingency
plan
264.
194(c
(2


SPECIAL REQUIREMENTS
dioxin requirements
'264.200(a)
                             January 14, 1985 - Page 5 of 7

-------
                     RCRA REVISION CHECKLIST:  Dioxin (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM F
REQUIREMENT, EXPLAIN
                            SUBPART K - SURFACE IMPOUNDMENTS
SPECIAL REQUIREMENTS
dioxin requirements
additional reouirements
264.231(a)
264.231(b)




                                SUBPART L - WASTE PILES
SPECIAL REQUIREMENTS
dioxin requirements
additional requirements
264.259(a)
264.259(b)




                               SUBPART M - LAND TREATMENT
SPECIAL REQUIREMENTS
dioxin requirements
additional requirements
264.283(a)
264.283(5)




                                 SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS
dioxin requirements
additional requirements
264.317(a)
264.317(b)




                                SUBPART 0 - INCINERATORS
PERFORMANCE STANDARDS
dioxin
DRE
requirements
264
.343
a)


                             January 14, 1985 - Page 6 of 7

-------
                           RCRA REVISION CHECKLIST:  Dioxin (continued)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT ,
FROM FEDERAL
EXPLAIN
            PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
                                  SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
dioxin management
265.1(d)(l)
                                SUBPART 0 - INCINERATORS
INTERIM STATUS INCINERATORS BURNING PARTICULAR HAZARDOUS WASTES
dioxin certification

265.352(a)





certification standards  265.352(b)
                             SUBPART P - THERMAL TREATMENT
INTERIM STATUS THERMAL TREATMENT BURNING PARTICULAR HAZARDOUS WASTES
dioxin certification
certification standards
265.383(a)
265.383(b)




                               PART 270 - PERMIT PROGRAM
                             SUBPART B - PERMIT INFORMATION
CONTENTS OF PART B
contingency plan
270.14(b)(7)


FACILITY SPECIFIC PART B INFORMATION
tanks
surface impoundments
waste piles
land treatment
landfills
270.16(q)
270.17{i)
270.18(1)
270.20(i)
270.2KJ)










                              January 14, 1985 - Paqe 7 of 7

-------
                                                 OSWER DIRECTIVE #95^0.00-9
                                 RCRA REVISION CHECKLIST 15

                            Interim Status Standards for TSDF's
                                       50 FR 16044-8
                                       April 23, 1985
  FEDERAL REQUIREMENT
                          RCRA CITE
STATE AUTHORITY
                                        STATUTE
                                                REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
              PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
                              SUBPART K - SURFACE IMPOUNDMENTS
t GENERAL OPERATING REQUIREMENTS
freeboard
variance
265.222(a)
265.222(5)
t SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
limitations
on placement
variance
solely for
emergencies
265.229U)
265.229(b)
265-229(c)
                                 SUBPART M - LAND TREATMENT
t GENERAL OPERATING REQUIREMENTS
  conditions for
  land treatment
                         265.272(a)
                                                         T
                                   SUBPART N - LANDFILLS
  CLOSURE AND POST-CLOSURE
  'inal cover
  post-closure
                         265.310(a)

                        |265-310(b)
  SPECIAL REQUIREMENTS FOR CONTAINERS

                           265-315(a)
minimum 90? full
  crushed
                        |265.315(b)  _[  	
                               April 23, 1985  -  Pa^e  1  of

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                    RCRA REVISION CHECKLIST 16
                        Paint Filter Test
                        50 FR 18370-18375
                          April 30, 1985
                                        OSWER  DIRECTIVE  #9540.00-9
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
    PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S

              SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
analyses methods
264.13(b)(6)


    SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
test results
264.73(b)(3)


                      SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS
paint filter test
1 . 1
264.314(c) I j
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S

              SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
analyses methods
265.13(b)(6) |

    SUBPART E - MANIFEST SYSTEM,  RECORDKEEPIMG,  AND REPORTING
OPERATING RECORD
test results
265.73(b)(3)


                      SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS
paint filter test
265.314(d)


                   April  30,  1985  - page  1  of  1

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                                               OSWER DIRECTIVE #9540.00-9
                            RCRA REVISION CHECKLIST 17
                               t

                                Codification Rule
                                50 FR 28702-28755
                                  July 15,x 1985
     This codification rule incorporated numerous HSWA amendments to  RCRA
into the existing RCRA regulations.  Since HSWA provides that States  may seek
authorization for selected provisions (instead of having to adopt all provisions
simultaneously), this checklist has been subdivided into logical groupings of the
HSWA early enactment provisions.  There are 20 subsections to this checklist.
     Checklist 17A
     Checklist 178
     Checklist 17C
     Checklist 17D
     Checklist 17E

     Checklist 17F
     Checklist 17G
     Checklist 17H
     Checklist 171
     Checklist 17J
     Checklist 17K
     Checklist 17L
     Checklist 17M
     Checklist 17N
     Checklist 170
     Checklist 17P
     Checklist 17Q
     Checklist 17R
     Checklist 17S
Small Quantity Generators
Delisting
Household Waste
Waste Minimization
Location Standards for Salt Domes, Salt Beds, Underground
Mines and Caves  •
Liquids in Landfills
Dust Suppression
Double Liners
Ground-Water Monitoring
Cement Kilns
Fuel Labeling
Corrective Action
Pre-construction Ban
Permit Life
Omnibus Provision
Interim Status
Research and Development Permits
Hazardous Waste Exports
Exposure Information
                           •July  15,  1985  - Page 1 of 21

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                               RCRA REVISION CHECKLIST 17A

                                Small Quantity Generators
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM UK
REQUIREMENT, EXPU^f
                       PART 261 - IDENTIFICATION AND LISTING OF HW
                                   SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY SMALL QUANTITY GENERATORS
exceotions
t generator requirement's
for exclusion of acutely
hazardous waste
t less than 100kg
accumulation on-site
greater than 100kg but
less than 1000kg:
t waste determination
t accumulation on-site
manifest after 8/5/85
t treat or dispose
261. 5(b)
261. 5(f)
261. 5(g)
261.5(h)(l)
261.5(h)(2)
26l'.5(h)(3)
261.5(h)(4)
1
t redesignate paragraphs | 261.5(1) & (j)














A

Note:  The SQG requirements indicated as optional are reorganized and recodified but
       are substantively unchanged from existing reouirements.
                               July 15,  1985 - Page 2 of 21

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                                 RCRA REVISION CHECKLIST 17B

                                        •  Delisting
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDE1
REQUIREMENT, EXPLAIN
                    PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL
                              SUBPART C - RULEMAKING PETITIONS
t PETITION TO AMEND PART 261 TO EXCLUDE A WASTE PRODUCED AT A PARTICULAR FACILITY
petitions to exclude
waste listed for I, C, R
or E
waste listed for T
waste listed for H
remove temporary
exclusion
260.22(a)
260.22(c)
260.22(d)
260.22(e)
260.22(m)










  Note:   Delisting is an optional requirement.  If the State currently has a delisting
         program then-it must modify its delisting regulations to comply with these new
         standards.
                                 July 15,  1985 - Page 3 of 21

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        RCRA REVISION CHECKLIST 17C




              Household Waste
FEDERAL
REQUIREMENT
RCRA
CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT ,
FROM
FEDF~ V
PART 261 - IDENTIFICATION AND LISTING OF HW
            SUBPART A - GENERAL
EXCLUSIONS
household waste
261.4(b)(l) |

        July 15, 1985 - Page 4 of 21(

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                               RCRA REVISION  CHECKLIST 17D




                                    Waste Minimization
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERA1
REQUIREMENT, EXPLAIN
                            PART 262 - GENERATOR REQUIREMENTS




                           SUBPART D - RECORDKEEPING AND REPORTING
BIENNIAL REPORT
reduce volume & toxicity
a description of changes
in volume/toxicity
certification
262.41(a)(6)
262.41(a)(7)
262.41(a)(8)






                                         APPENDIX
manifest form
item 16 of instruction
Appendix to 262
Appendix to 262



-
                         PART 264 - FACILITY PERMIT REQUIREMENTS




                SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING






APPLICABILITY
on-site and off-site
facilities
264.70


OPERATING RECORD
certification
|264.73(b)(9:
                            PART 270 - PERMITTING REQUIREMENTS




                              SUBPAPT C - PERMIT CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
retaining records
 270.30(j)(2)
                                SURPART G - INTERIM STATUS
QUALIFYING FOR INTERIM STATUS
t introductory text
if previously denied a
RCRA permit
270.70(a)
270.70(c)




                               July 15,  1985 - Page  5 of  21

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                               RCRA REVISION CHECKLIST 17E




        Location Standards for Salt Domes, Salt Reds, Underground Mines and Caves
FEDERAL REQUIREMENT
PCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM E^F
REQUIREMENT, EXPLA^B
                        PART 264 - FACILITY PERMIT REQUIREMENTS




                         SUBPART B - GENERAL FACILITY STANDARDS
LOCATION STANDARDS
salt done formations
264.18(c)
                       PART 265 - FACILITY INTERIM STATUS STANDARDS




                          SUBPART B - GENERAL FACILITY STANDARDS
LOCATION STANDARDS
waste in salt domes
265.18


                               July 15, 1985 - Page 6 of 21

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                                RCRA REVISION CHECKLIST  17F




                                    Liquids in Landfills
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FE!
REQUIREMENT, EXPLAIN
                         PART 264 - FACILITY PERMIT REQUIREMENTS




                                  SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR LIQUID WASTE
t redes iqnate paragraph
(b) to' (d)
introductory paragraph
5/8/85 free liquids ban
non-hazardous liquids
ban 11/8/85
t exemptions:
onlv alternative
t
not a risk
264.314
264.314(a)
264.314(b)
264.314(e)
264.314(e)(l)
264.314(e)(2)












                       PART 265 - FACILITY INTERIM STATUS STANDARDS




                                  SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR LIQUID WASTE
t redes iqnate (b) and (c)
to be (c) and (e)
introductory paraqraoh
5/8/85 free liquids ban
non-hazardous liquids
ban 11/8/85
t exemptions:
only alternative
t
not a risk
265.314
265.314(a)
265.314(b)
265.314(f)
265.314(f )(1)
265.314(f)(2)












                            PART 270 - PERMITTING REQUIREMENTS




                               SUBPART B - PERMIT APPLICATION
SPECIFIC INFORMATION REQUIREMENTS FOR LANDFILLS
bulk liquids
in landfills; 5/8/85
270.21(h)
i
1
                                July 15, L9B5 - Paqe 7 of 21

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                               RCRA REVISION CHECKLIST 17G

                                     Dust Suppression
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM
REQUIREMENT, ExI^P
                         PART 266 - SPECIFIC MANAGEMENT STANDARDS
         SUBPART C - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL

STANDARDS APPLICABLE TO USERS OF MATERIALS THAT ARE USED IN A MATTER THAT CONSTITUTES
DISPOSAL
text designated (a)
road treatment
prohibited
266,23
266.23(b)




                               July 15,  1985 -  Page 3 ot 21

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                               RCRA REVISION  CHECKLIST 17H




                                     Double Liners
FEDERAL REQUIREMENT
| RCRA CITE
1
| STATE AUTHORITY
| STATUTE REGULATION
IF DIFFERENT FROM FEDERz
REQUIREMENT, EXPLAIN
                         PART 264 - FACILITY  PERMIT REQUIREMENTS




                             SUBPART K - SURFACE  IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
apply to TSD facilities
two or more liners
alternative design and
t operating practices
t monofills
264.221(a)
264.221(c)
264.221(d)
264.221(e)








                                  SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
introductory text
two or more liners
alternative design and
t operating practices
t monofills
landfills in Alabama
(old paragraphs
264.301(e),(d),(e),(£)
and (a)redesiqnated)
264.301(a)
264.301(c)
264.301(d)
264.301(e)
264.301(k)













                       PART 265 - FACILITY INTERIM STATUS STANDARDS




                             SUBPART K - SURFACE  IMPOUNDMENTS
DESIGN REQUIREMENTS
two or more liners
notify PA
t alternative design
t monofill
allows installed liner
t to be Dermitted liner
265.221(a)
265.221(b)
265.221(c)
265.221(d)
265.221(e)










                               July 15, 1985 - Page 9 of 21

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                               RCRA REVISION CHECKLIST  17H  (cont'd)
                                                   «


                                     Double Liners
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE ! PECULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN^ A
                                 SUBPART L - -WASTE  PILES
DESIGN REQUIREMENTS
two
or
more
liners
265
.254
1
                                  SUBPART N - LANDFILLS
DESIGN REQUIREMENTS
two or more liners
notify the PA
t alternative design
t monofills
t allows installed liner
to be permitted liner
265.301(a)
265.301(b)
265.301(c)
265.301(d)
265.301(e)










                             July  15,  1985  -  Page 10 of 21

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                               RCRA REVISION CHECKLIST  111
                                                   \
                                 Ground-Water Monitoring
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                         PART 264 - FACILITY PERMIT REQUIREMENTS
                  SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS
APPLICABILITY
t exemptions
264.90(b)


                             SUBPART K - SURFACE IMPOUNDMENTS
DOUBLE-LINED SURFACE IMPOUNDMENTS:  EXEMPTION FROM SUBPART F
section removed
264.222


MONITORING AND INSPECTION
paragraph removed
264.226(b)(3)
|
CLOSURE AND POST-CLOSURE CARE
paragraph removed
section removed
264.228(b)(2)
264.228(d)




                                 SUBPAPT L - WASTE PILES
DOUBLE-LINED PILES:  EXEMPTION FROM SUBPART F
section removed
264.252


INSPECTION OF LINERS:  EXEMPTION FROM SUBPART F
section removed
1264.253
MONITORING AND INSPECTION
paragraph removed
264.254(b)(2)


                                  SUBPART N - LANDFILLS
DOUBLE-LINED LANDFILLS:   EXEMPTION FROM SUBPART F
section removed
1264.302
MONITORING AND INSPECTION
paragraph removed
264.303(b)(2)
" |
CLOSURE AND POST-CLOSURE CARE
paragraph removed
subsection removed
264.310(b)(2)
264.310(c)




                              July 15, 1985 - Page 11 of 21

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                               RCRA REVISION CHECKLIST 17J

                                       Cement Kilns
FEDERAL REQUIREMENT
RCRA CITE
] STATE AUTHORITY
| STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN ^^
                       PART 261  - IDENTIFICATION AND LISTING OF HW

                                   SUBPART A - GENERAL
REQUIREMENTS FOR RECYCLABLE MATERIALS
( 1 ) regulated
under Part 266
261.6(a)(2)


                           SUBPART D - LISTS OF HAZARDOUS WASTE
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, etc.
introduction
261.33


                         PART 266 - SPECIFIC MANAGEMENT STANDARDS

                  SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
PROHIBITIONS
(2) waste burned in kilns
266.31(b)(l)

^
     (1)   Note that this provision is not contained in the 7/15/85 rule.  It appeared
1/4/85 [50 FR 614-668],  and was subsequently amended on 11/29/85 [50 FR 49164-49212] .

     (2)   Note that this provision was recodified as §266.31(c)  on 11/29/85
[50 FR 49164-49212].
                              July 15, 1985 - Page 12 of 21

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                               RCRA REVISION CHECKLIST 17K

                                      Fuel Labeling
FEDERAL REQUIREMENT
RCRA CITE  |  STATE AUTHORITY     |
            STATUTE I  REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                         PART 266 - SPECIFIC MANAGEMENT STANDARDS

                  SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUEL
1
labelling |266.34(d)


                              July 15, 1985 - Page 13 of 21

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                               RCRA REVISION CHECKLIST 17L

                                    Corrective Action
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM FED]
REQUIREMENT, EXPLAIN
D»K
                         PART 264 - FACILITY PERMIT REQUIREMENTS

                  SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS
APPLICABILITY
solid waste management
unit
264. 90 (a)


CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS
solid waste management
unit
specified in permit
264.101(a)
264.101(b)




                            PART 270 - PERMITTING REQUIREMENTS

                           SUBPART F - SPECIAL FORMS OF PERMITS
PERMITS BY RULE
UIC permits issued after
11/8/84
NPDES permits issued
after 11/8/84
270.60(b)(3)
270.60(c)(3)



W
                              July 15,  1985 - Page  14 of  21

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                               RCRA REVISION CHECKLIST  17M




                                   Pre-construction Ban
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
• REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                            PART 270 - PERMITTING REQUIREMENTS




                              SUBPART B - PERMIT APPLICATION
GENERAL APPLICATION REQUIREMENTS
new HWl facilities
delete old
pre-construction provision
NEW:
t TSCA PCB facilities
270.10(f)(l)
270.10(f)(3)
270.10(f)(3)



•


                              July 15, 1985 - Page 15 of 21

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                               RCRA REVISION CHECKLIST 17N

                                       Permit Life
FEDERAL REQUIREMENT
                          RCRA CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM FE
REQUIREMENT, EXPLAIN
                            PART 270 - PERMITTING REQUIREMENTS

                              SUBPART D - CHANGES TO PERMIT
MAJOR MODIFICATION OR REVOCATION AND RE ISSUANCE OF PERMITS
modify permit to assure
compliance
270.41(a)(6)
•

                    SUBPART E - EXPIRATION AND CONTINUATION OF PERMITS
DURATION OF PERMITS
five year review for
land disposal permits
270.50(d)


                               July 15,  1985 - Page 16 of 21

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   RCRA REVISION CHECKLIST 17 0




        Omnibus Provision
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS




  SUBPART C - PERMIT CONDITIONS
ESTABLISHING PERMIT CONDITIONS
permit conditions
necessary
270.32(b)


  .Tulv IS.  1985 - Pane 17 of 21

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                               RCRA REVISION CHECKLIST 17P

                                      Interim Status
FEDERAL REQUIREMENT
                          RCRA CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM
REQUIREMENT, EXPLAIN
                            PART 270 - PERMITTING REQUIREMENTS

                              SUBPART B - PERMIT APPLICATION
GENERAL APPLICATION REQUIREMENTS
permit application
completeness
existing HWM facilities
and interim status
t qualifications
timeframe to submit
Part B
270.10(a)
270.10(c)
270.10(e)(l)
270.10(e)(4)








                              SUBPART C - PERMIT CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
retaining records
270.30(j)(2)


                                SUBPART G - INTERIM STATUS
QUALIFYING FOR INTERIM STATUS
t introductory^ text
if previously denied a
RCRA permit
270.70(a)
270.70(c)




TERMINATION OF INTERIM STATUS
land disposal info by
11/8/85:
Part B
certifies compliance
newly regulated
Part B applications for
incinerators: 11/8/86
Part B applications for
storage facilities:
11/8/92
270.73(c)(l)
270.73(c)(2)
270.73(d)
270.73(e)
270.73(f)










                              July 15,  1985 - Page  18  of  21

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                               RCRA REVISION CHECKLIST 17Q




                             Research and Development  Permits
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                            •PART 270 - PERMITTING REQUIREMENTS
GENERAL APPLICATION REQUIREMENTS
t permit application
270.10(a)

•
                           SUBPART F - SPECIAL FORMS OF PERMITS
RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS
t R&D permits
270.65
1
                              July 15, 1985 - Page 19 of 21

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   RCRA REVISION CHECKLIST 17R



     Hazardous Waste Exports
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAI
EXPLAIN ^fc
PART 262 - GENERATOR REQUIREMENTS




 SUBPART E - SPECIAL CONDITIONS
INTERNATIONAL SHIPMENTS
annual report
262.50(d)


  July  15,  1985  -  Page  20  of  21

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                               RCRA REVISION CHECKLIST  17S

                                   Exposure Information
FEDERAL REQUIREMENT      | RCRA CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                            PART 270 - PERMITTING REQUIREMENTS
GENERAL APPLICATION REQUIREMENTS
t completeness
•
exposure information
270. 10 (c)
270.10( j)




                               July 15, 1985 - Page 21 of 21

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                                                   'OSWER  DIRECTIVE  #95^0.00-9

                               RCRA REVISION CHECKLIST 18

                          Listing of TDI, DNT, and TDA Wastes
                                   50 FR 42936-42943
                                    October 23, 1985
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                         SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTE FROM SPECIFIC SOURCES
list of
"K"
wastes
261.32


 §261.32 Hazardous waste from specific sources
 Industry & EPA
 Hazardous waste No.
Hazardous Waste
Hazardous
   Code
 (Organic Chemicals)                                                         (C,T)
  Kill	Product washwaters from the production of dinitrotoluene
                   via nitration of toluene.
  K112	Reaction by-product water from the drying column in the   (T)
                   production of toluenediamine via hydrogenation of
                   dinitrotoluene.
  K113	Condensed liguid light ends from the purification of      (T)
                   toluenediamine in the production of toluenediamine via
                   hydrogenation of dinitrotoluene.
  K114	Vicinals from the purification of toluenediamine in the   (T)
                   production of toluenediamine via hydrogenation of
                   dinitrotoluene.
  K115	Heavy ends from the purification of toluenediamine in     (T)
                   the production of toluenediamine via hydrogenation of
                   dinitrotoluene.
  K116	Organic condensate from the solvent recovery column in    (T)
                   the production of toluene diisocyanate via phosgenation
                   of toluenediamine.
DISCARDED COMMERCIAL CHEMICAL PRODUCTS,
OFF-SPECIFICATION SPECIES,  CONTAINER RESIDUES,  AND SPILL RESIDUES
add
toxic "U" wastes
261.33(f)


 U328 - 2-Amino-l-methylbenzene
 U353 - 4-Amino-l-methylbenzene
 U328 - o-Toluidine
 U353 - p-Toluidine
                             October 23,  1985 - Page 1  of 2

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            RCRA REVISION CHECKLIST:  Listing of TDI, DNT, and TDA (Cont'd)
FEDERAL REQUIREMENT
                          RCRA CITE
                                        STATE AUTHORITY
                                       STATUTE |  REGULATION
IF DIFFERENT FROM
REQUIREMENT, EXPLAIN
                                APPENDIX III TO PART 261
heading and list change
Table # 1
                         Appendix III
      Compound
                                                                   Method Numbers
  2-Amino-l-methylbenzene (o-Toluidine)	8250
  4-Amino-l-methylbenzene (o-Toluidine)	8250
  Aniline	8250
  2,6-Dinitrotoluene	8060 or 8250
  2,4-Toluenediamine	8250
  2,6-Toluenediamine	8250
  3,4-Toluenediamine	8250


                               APPENDIX VII TO PART 261


hazardous constitutes   |Appendix VII


  EPA HazardousHazardous constituents for"whTchTTisted
  Waste Number	

  Kill	2,4-Dinitrotoluene.
  K112	2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.
  K113	2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.
  K114	2,4-Toluenediamine, o-toluidine, p-toluidine.
  K115.	2,4-Toluenediamine.
  K116	Carbon tetrachloride, tetrachloroethylene, chloroform, phosgene
                              APPENDIX VIII TO PART 261
5 new constituent addi-
tions
                         Appendix VIII
1 change
  (add)
                         Appendix VIII
  \ wiv^'wA i
  Benzene, 2-amino-l-methyl (o-Toluidine)
  Benzene, 4-amino-l-methyl (p-Toluidine)
  2,4-Toluenediamine
  2,6-Toluenediamine
  3,4-Toluenediamine

  (change)
  "Toluenediamine" to  "toluenediamine, N.O.S."
                             October 23, 1985 - Page 2 of 2

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                                                    OSWER  DIRECTIVE  #9540.00-9
                                    RCRA  REVISION  CHECKLIST  19

                            Burning  of  Waste  Fuel  and  Used Oil  Fuel
                                in Boilers and  Industrial Furnaces
                                       50 FR_ 49164-49212
                                       November 29, 1985
                         (as amended  on November 19, 1986 at 51 FR 41900-41904
                         and April 13,  1987 at  52  FR 11819-11822)-

     Special Note  On  The  Use Of  This  Checklist

          Used  oil fuel standards at  §266.40-44 are delegable to State  programs although
     used oil is not  specifically listed  as a hazardous  waste pursuant  to  Section  3001
     of RCRA.  This is because these  regulations are promulgated pursuant  to-  (1^  the
     Used Oil Recycling Act  (§30l4(a) of  RCRA)  which directs EPA to  "egulate recycled
     used oil even if it  is  not  a hazardous waste, and  (2^ the  Superfund Amendments and
     Reauthorization  Act  of  1986 (SARA  §205(j)  adding  RCRA §3006(h)).   SARA  §205(j)
     provides for  delegation to  States  for used oil recycling standards even if used oil
     is not a listed  or identified as a hazardous  waste -
     FEDERAL REQUIREMENT
 RCRA CITE
STATE AUTHORITY
                                           STATUTE    REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                     PART  261  - IDENTIFICATION  AND  LISTING  OF  HAZARDOUS  WASTE
                                       SUBPART  A  -  GENERAL
     DEFINITION OF  HAZARDOUS  WASTE
(1)
not hazardous unless
meet characteristic
26l.3(c)(2)
(iiXB^


     SMALL QUANTITY  GENERATORS
     exceptions
     hazardous  waste  mixed
(1)  with used  oil
261.5'b)
261.5(k)
     REQUIREMENTS FOR RECYCLABLE  MATERIALS
t used oil not regulated
under Subpart 0
(1) used oil recycled
rather then burned
(1) coke and coal tar
(l)t fuels from oil-bearing
h.w. from petroleum
refining .production, etc
t petroleum coke
26l.6(a)<2)
(iii)
26l.6(a)(3)
(iii)
26l.6(a)(3)
(vii)
26l.6(a)(3)
(viii)
26l.6(a)(3)
(ix)










U) See also  technical  corrections at  52  FR  11819-11822  (April  13,  1987)

                                November 29,  1985 -  Page  1 of  4

-------
    RCRA REVISION CHECKLIST:   Burning  of  Waste  Fuel and  Used  Oil  Fuel  in
                              Boilers  and  Industrial  Furnaces  (cont'd)
FEDERAL
REQUIREMENT
RCRA
CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT .
FROM FEDERAL
EXPLAIN
                    PART  264  - STANDARDS  FOR  OWNERS  AND  OPERATORS  OF  TSDF'S
                                    SUBPART  0  - INCINERATORS
APPLICABILITY
h.w. burned in boilers
•& industrial furnaces
264.340(a)
(2)


                PART 265  - INTERIM  STANDARDS  FOR  OWNERS AND OPERATORS  OF  TSDF'S
                                    SUBPART  0  - INCINERATORS
    APPLICABILITY
h.w. burned in boilers
& industrial furnaces
265.340(a)
(2)

                             PART  266  -  SPECIFIC  MANAGEMENT STANDARDS
                     SUBPART D  - HAZARDOUS WASTE BURNED FOR  ENERGY RECOVERY
    APPLICABILITY  _  	
    hazardous waste burned
    for energy recovery
  t exemption for used oil
  t exemption for h.w. fuels
266.30(a)
266.30(b)(l)
266.30(b)(2)
    PROHIBITIONS
(1) prohibitions
    permissible devices
    (old 266.3l(b)(D)
    cement kilns-renumbered
266.31U)
266.3Kb)
266.31(0)  _i	
	1_
    STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE FUEL
    generators who produce
266.32(a)
                              November 29,  1985 - Page 2 of 4

-------
    RCRA REVISION CHECKLIST:  Burning of Waste Fuel and Used Oil Fuel in
                              Boilers and Industrial Furnaces (cont'd)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
    STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE FUEL (con't)
generators who market
generators who burn
266.32(b)
266-32(c)




    STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE FUEL
transporters
266.33


    STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUEL
(1)
prohibitions
notification
storage
off-site shipment
required notices
recordkeeping
266.34(3)
266.3Mb)
266. 3Mc)
266. 3Md)
266. 3Me)
266. 34(f)












    STANDARDS APPLICABLE TO BURNERS OF HAZARDOUS WASTE FUEL
(1)

(1)

(1)
prohibitions
notification
storage
required notices
recordkeeping
266.35(a)
266.35(b)
266-35(c)
266-35U)
266.35(e)










                        SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY
    APPLICABILITY
used oil burned for
energy recovery
"used oil" means
used oil mixed with
hazardous waste
266.40(a)
266.40(b)
266.40(c)



                              November  29,  1985  - Page  3  of  4

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    RCRA  REVISION CHECKLIST-   Burning  of  Waste  Fuel  and  Used  Oil  Fuel  in
                              Boilers  and Industrial Furnaces  (cont'd)
FEDERAL REQUIREMENT

APPLICABILITY(con't)
subject to regulation
allowable levels of
constituents
PROHIBITIONS
market off-spec used oil
burned off-spec used oil
STANDARDS APPLICABLE TO C
generators who produce,
market, or burn used oil
RCRA CITE


266.40(d)
266.40(e)

266.4l(a)
266. 4Kb)
3ENERATORS OF
266.42
STATE AUTHORITY
STATUTE REGULATION






USED OIL BURNED FOR I

IF DIFFERENT FROM FEDEJBC
REQUIREMENT, EXPLAIN






:NERGY RECOVERY

    STANDARDS APPLICABLE TO MARKETERS  OF  USED OIL BURNED FOR ENERGY RECOVERY
(1) persons not "marketers"
analysis of used oil
prohibitions
notifications
invoice system
required notices
recordkeeping
266.43(a)
266-43(b)(l)
266.43(b)(2)
266.43(b)(3)
266.43(b)(4)
266.43(b)(5)
266.43(b)(6)









•




    STANDARDS APPLICABLE TO BURNERS OF USED OIL BURNED FOR ENERGY RECOVERY
    prohibitions
(1) notification
    required notices
    used oil fuel analysis
    recordkeeping
266.44(a)
266.4Mb)
266.44(c)
266.44(d)
266.44(e)
                              November 29,  1985 - Page 4 of 4

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                                                   OSWER DIRECTIVE  #9540.00-9
                                   RCRA REVISION  CHECKLIST  20

                                  Listing  of  Spent  Solvents,
                                         50 FR 53315-20
                                       December 31,  1985
    FEDERAL  REQUIREMENT     |  RCRA CITE   |  STATE  AUTHORITY     |   IF DIFFERENT  FROM  FEDERAL
      	j	| STATUTE I  REGULATION!   REQUIREMENT,  EXPLAIN

                    PART  261  - IDENTIFICATION  AND LISTING OF  HAZARDOUS WASTE

                             SUBPART D - LISTS OF HAZARDOUS WASTES
    HAZARDOUS WASTE  FROM NON-SPECIFIC  SOURCES
                            \             I
(1) list of "F"  wastes	[261.31       I
     §261.31  - Hazardous  waste  from  nonspecific  sources
     EPA Hazardous             Hazardous Waste                                    Hazard
     Waste No.	Code

     F001	The following  spent halogenated  solvents  used  in  degreasing:   (T)
                   tetrachloroethylene,  trichloroethylene> raethylene  chloride,
                   1.1,1-trichloroethane,  carbon tetrachloride , and  chlorinated
                   fluorocarbons;  all spent solvent mixtures/blends  used  in
                   degreasing containing  before use,  a  total of  ten percent  or
                   more (by volume) of one or more  of  the above halogenated
                   solvents or those solvents listed in  F002, F004,  and F005;
                   and still  bottoms from  the recovery of these spent  solvents
                   and spent  solvent mixtures.
     F002  	The following  spent halogenated  solvents: tetrachloro-        (T)
                   ethylene,  methylene chloride,  trichloroethylene,  1,1 ,1-
                   trichloroethane, chlorobenzene,  1,1,2-trichloro-l,2,2-
                   trifluoroethane, ortho-dichlorobenzene, and trichlorofluoro-
                   methane, all spent solvent mixtures/blends containing, before
                   use,  a  total of ten percent  or more (by volume) of  one or
                   more of the above halogenated solvents or those solvents
                   listed  in  F001,  F004, and F005  and sill  bottoms  from  the
                   recovery of these spent solvents and  spent solvent  mixtures.
     F003	The following  spent non-halogenated solvents:  xylene,  ace-     (I)**
                   tone, ethyl acetate,  ethyl benzene, ethyl ether,  methyl
                   isobutyl ketone, n-butyl alcohol, cyclohexanone,  and
                   raethanol;  all  spent solvent  mixtures/blends containing,
                   before  use, only the  above spent non-halogenated  solvents  and
                   all spent  solvent mixtures/blends containing,  before use,
        (1)   See also  technical corrections at  51 FR  2702  (January 21,  1986).

        **    (I,T)  should be used  to specify mixtures  containing  ignitable and  toxic
     constituents.
                         December 31,  1985 - Page 1 of 2

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          RCRA REVISION CHECKLIST:  Listing of Spent  Solvents  (cont'd)
FEDERAL REQUIREMENT     |  RCRA CITE  |  STATE AUTHORITY    I   IF DIFFERENT FROM FEDERAL
                        I             I STATUTE' |  REGUL ATION|   REQUIREMENT, EXPLAIN
F003-.(con*t)••-one or more of  the above  non-halogenated  solvents,  and,  a           (I)**
                total of ten percent or more (by volume)  of  one or  more
                of those solvents listed  in F001, F002, F004,  and F005;
                and still bottoms from the recovery of these spent  solvents
                and spent solvent mixtures•
F004	The following spent non-halogenated solvents:  cresols  and  cresylic (T)
                acid, and nitrobenzene; all spent solvent mixture/blends contain-
                ing, before use,  a total  of ten percent or more (by volume)  of
                one or more of  the above  non-halogenated  solvents or those
                solvents listed in F001,  F002,  and F005;  and still  bottoms from
                the recovery of these spent solvents and  spent solvents  mixtures.
F005	The following spent non-halogenated solvents:  toluene, methyl      (I.T)
                ethyl ketone, carbon disulfide,  isobutanol,  and pyridine;  all
                spent solvent mixtures/blends containing, before use,  a  total
                of ten percent or more (by volume) of one or more of the above
                non-halogenated solvents  or those solvents listed in F001,
                F002, and F004, and still bottoms from the recovery of these
                spent solvents and spent  solvent mixtures.
                        December 31, 1985 - Page 2 of 2

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                                               OSWER DIRECTIVE #9450.00-9
                               RCRA REVISION CHECKLIST 21

                                 Listing of EDB Wastes
                                       51 FR 5330
                                   February 13, 1986
FEDERAL REQUIREMENT    TRCRA CITE  |  STATE AUTHORITY    I   IF DIFFERENT FROM FEDERAL
	j	[STATUTE I  REGULATION j   REQUIREMENT, EXPLAIN

                PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                         SUBPART D - LISTING OF HAZARDOUS WASTE
WASTE FROM SPECIFIC SOURCES
II -1
list of "K" waste 1 261-32 | I
§261.32 - Hazardous waste from specific sources
EPA hazardous Hazardous Waste
waste No.
Hazard
Code
 (Organic Chemicals)

 K117	Wastewater from the reactor vent gas scrubber in the       (T)
                   production of ethylene dibromide via bromination of
                   ethene.
 K118	Spent adsorbent solids from purification of ethylene       (T)
                   debromide in the production of ethylene dibromide via
                   bromination of ethene.
 K136 	Still bottoms from the purification of ethylene dibromide  (T)
                   in the production of ethylene dibromide via bromination
                   of ethene-
                                APPENDIX III TO PART 261
add compound	[Appendix IIII
 	Compound	Method No.

 Ethylene dibromide	8010 ,  8240
                            February 13, 1986 - Page 1 of 2

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                      RCRA REVISION CHECKLIST:  EDB Waste Listing
FEDERAL REQUIREMENT
RCRA CITE  T STATE AUTHORITY    |   IF DIFFERENT FROM FED
           [STATUTE I  REGULATION!   REQUIREMENT, EXPLAIN
                                APPENDIX VII TO PART 26L
                        I             T
hazardous constituents  [Appendix VIII
 EPA hazardous
 waste No.
                             Hazardous constituents
                                for which listed
 K117.
 K118.
 K136,
                              .Ethylene Dibromide
                              .Ethylene Dibromide
                              .Ethylene Dibromide
                            February 13, 1986 - Page 2 of 2

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                                                     DltihtJilvii v v
                               RCRA REVISION CHECKLIST 22

                             Listing of Four Spent Solvents
                                       51 PR 6541
                                   February 25, 1986
FEDERAL REQUIREMENT     |  RCRA CITE  |  STATE AUTHORITY	|   IF DIFFERENT FROM FEDERAL
 	j	[STATUTE |  REGULATION I   REQUIREMENT, EXPLAIN

                PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                         SUBPART D - LISTS OF HAZARDOUS WASTES
WASTES FROM NON-SPECIFIC SOURCES
                        I             I
list of "F" wastes      1261.31      I
 §261-31 - Hazardous waste from non-specific sources
 EPA Hazardous                                                               Hazard
 Waste No•                     Hazardous Waste                                Code
 F002	The following spent halogenated solvents: tetrachloroethylene,   (T)
              raethylene chloride, trichloroethylene 1,1,1-trichloroethane,
              chlorobenzene, 1,1,2-trichloro-l,2,2-trifluoroethane, ortho-
              dichlorobenzene, 'trichlorofluoromethane, and 1,1,2-trichloro-
              ethane; 'all spent solvent mixtures/blends containing, before
              use, a total of ten percent or more (by volume) of one or more
              of the above halogenated solvents or those listed in F001, F004,
              or F005; and sill bottoms from the recovery of these spent
              solvents and spent solvent mixtures.
F005	The following spent non-halogenated solvents: toluene, methyl    (I.T)
              ethyl ketone, carbon disuffide, isobutanol, pyridine, benzene,
              2-nitropropane; all spent solvent mixtures/blends containing,
              before use, a total of ten percent or more (by volume) of one
              or more of the above non-halogenated solvents or those solvents
              listed in F001, F002, or F004; and still bottoms from the
              recovery of these spent solvents and spent solvent mixtures.
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, ETC.
                        I             |
toxic "U" waste         |261.33(f)   I
 §261.33(f)  _   	
 EPA Hazardous
 Waste No.                           Substance
 (add the following compounds in alphabetical order)

 U359	 .-2-Ethoxyethanol
 U359	Ethylene glycol monoethyl ether
                            February 25,  1986 - Page 1 of 2

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           RCRA REVISION CHECKLIST:  Listing of Four Spent Solvents (Cont'd)
FEDERAL REQUIREMENT     |  RCRA CITE  \  STATE AUTHORITY    |   IF DIFFERENT FROM FED
	j	[STATUTE I  REGULATION I   REQUIREMENT. EXPLAIN
 EPA Hazardous
 Waste No.                           Substance(con't)
 (change both entries for Hazardous Waste No. U171)

 from "2-Nitropropane (I)" to "2-Nitropropane (I,T)"; and
 from "Propane, 2-nitro- (I)" to "Propane, 2-nitro- (I,T)
                                APPENDIX III to Part 261
add constituents        I             I
to Table 1	[Appendix III I
 Table 1
    Compound	Method Numbers

 2-Ethoxyethanol	8030,8240
 2-Nitropropane.	-	-	8030,8240
                                APPENDIX VII TO PART 261
                         F            I                     I
hazardous constituents   [Appendix VIII	|_	

 Appendix VII	
 EPA Hazardous
 Waste No.             Hazardous constituents for which listed
 F002  	 Tetrachloroethylene, methylene chloride, trichloroethylene,
               1,1,1-trichloroethane, 1.1,2-trichloroethane, chlorobenzene,
               1,1,2-trichloro-l,2,2-trifluoroethane, ortho-dichlorobenzene,
               trichlorofluoromethane.
 F005	Toluene, methyl ethyl ketone, carbon disulfide, isobutanol,
               pyridine, 2-ethoxyethanol, benzene, 2-nitropropane.
                               APPENDIX VIII TO PART 261
 3  new  constituents	| AppendixVIII I

 Ethylene glycol raonoethyl ether
 (Ethanol,  2-ethoxy)
 2-Nitropropane  (Propane, 2-nitro)
                            February 25,  1986 -  Page  2 of  2

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                                               OSWER DIRECTIVE  #9540.00-9
                               RCRA REVISION CHECKLIST 23

                      Generators of 100 to 1000 kg Hazardous Waste
                                   51 FR 10174-10176
                                     March 24, 1986
FEDERAL REQUIREMENT
I  RCRA CITE  |  STATE AUTHORITY 	I   IF DIFFERENT FROM FEDERAL
I             [STATUTE I  REGULATION!   REQUIREMENT, EXPLAIN	
                 PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL
                               SUBPART B  -  DEFINITIONS
DEFINITIONS
small
quantity generators
1260.10
                      PART 261 - IDENTIFICATION AND LISTING OF HW
                                 SUBPART A  -  GENERAL
PURPOSE AND SCOPE
subpart A scope
SPECIAL REQUIREMENTS FOR HW GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
conditionally
exempt generators
exceptions
quantity determination
quantity exclusions
acutely hazardous
accumulation
requirements to be
conditionally exempt
mixing with non-
hazardous waste
mixtures that exceed
exclusion level
mixtures with used oil
261. 5(a)
261. 5(b)
261. 5(c)
261. 5(d)
261. 5(e)
261. 5(f)
261. 5(g)
261. 5(h)
261. 5(i)
261. 5(j)
1
1
!
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1








_

                              March 24,  1986 - Page 1 of 3

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           RCRA REVISION CHECKLIST:   100 to  1000  kg WASTE  GENERATORS  (con't)
FEDERAL REQUIREMENT| RCRA CITE   |STATE AUTHORITY     |   IF  DIFFERENT FROM FEDERAL
	I	[STATUTE  | REGULATION I   REQUIREMENT, EXPLAIN

                          SUBPART D - LISTS OF HAZARDOUS  WASTE
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, ETC.
introductory text ___ |261.33(f)    I
                           PART 262 - GENERATOR  REQUIREMENTS
                                SUBPART  B - THE MANIFEST
GENERAL REQUIREMENTS
100 to 1000kg            |             T
exemption	  	|262.20(e)    I
                         SUBPART C. - PRE-TRANSPORT  REQUIREMENTS
ACCUMULATION TIME
1
introductory text I
100 to 1000kg and I
accumulation of 180 days 1
200 miles transport 1
and 270 day accumulation I
1
6000kg or 180 days I
262
262
262
262
•34(a)
•34(d)
•34(e)
•34(f)
1 1
1 1
! I A
1 1 w
1 1
1 1
                        SUBPART D - RECORDKEEPING AND  REPORTING
SPECIAL REQUIREMENTS FOR GENERATORS  OF  BETWEEN 100 and IQOOkg/MO.
                         I             \                     T
special requirements	I 262 .44      J	                I	
                           PART  263  -  TRANSPORTER REQUIREMENTS
           SUBPART  B -  COMPLIANCE WITH  THE MANIFEST SYSTEM AND RECOROKEEPING
MANIFEST  SYSTEM	
applicability  of         T
100  to  1000kg            |263.20(h)
                              MARCH  24.  1986  - Page 2 of 3

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           RCRA REVISION CHECKLIST:  100 to 1000  kg WASTE  GENERATORS (con't)
FEDERAL REQUIREMENT      IRCRA CITE   | STATE  AUTHORITY     |   IF DIFFERENT FROM FEDERAL
  	j	[STATUTE |  REGULATION I   REQUIREMENT, EXPLAIN


                           PART 270 - PERMITTING REQUIREMENTS
                            SUBPART A - GENERAL  INFORMATION
PURPOSE AND SCOPE OF THESE REGULATIONS
                        |270.1(c)(2)  |
specific .exclusions	I (i)          I
                             SUBPART B - PERMIT APPLICATION
GENERAL APPLICATION REQUIRMENTS	
                        |270.10(e)(l)~
existing facilities     l(iii)    	
                              March 24. 1986 - Page 3 of 3

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                                                  OSWER DIRECTIVE  #9540.00-9
                                RCRA REVISIONS CHECKLIST 24

                      FINANCIAL RESPONSIBILITY:  SETTLEMENT AGREEMENT
                                     51 FR 16443-16459
                                        MAY 2, 1986
   FEDERAL REQUIREMENT     T RCRA CITETSTATE AUTHORITY
              	|   IF DIFFERENT FROM FEDERAL
              [STATUTE  |  REGULATION I   REQUIREMENT, EXPLAIN
                    PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:   GENERAL
                                   SUBPART B - DEFINITIONS
   DEFINITIONS
"active life"
"final closure"
"hazardous waste
management unit"
1
1260.10
1
1260.10
1
• 1260.10
1
1
1
1
1



                           T
   "partial closure'
 1260.10
                               PART 264 - FACILITY REQUIREMENTS
                             SUBPART G - CLOSURE AND POST-CLOSURE
   APPLICABIL ITY
   closure of all
   facilities
 |264.110(a)
   post-closure care
 |264.110(b)
   CLOSURE PERFORMANCE STANDARD
   minimizes maintenance   |264.111(a)
   controls, minimizes
   post-closure escape
   complies with
   requirements 	
 |264.111(b)   I
i             r
 |264.111(c)   |
   CLOSURE PLAN; AMENDMENT OF PLAN
t  written plan
 |264.112(a)
   content of plan	
   h w. management unit
   to be closed
 |264.112(b)   I
 |264.112(b)   I
 Id)
                                  MAY 2, 1986 - Page 1 of 9

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                   RCRA REVISIONS CHECKLIST:  SETTLEMENT AGREEMENT (con't)
FEDERAL REQUIREMENT | RCRA CITE
1
final closure/maximum |264.112(b)
extent of facility 1(2)
|264.112(b)
maximum inventory 1(3)
remove or decontaminate |264.112(b)
all residues /equipment 1(4)
other activities to |264.112(b)
assure closure 1(5)
|264.112(b)
schedule for closure |(6)
t estimate year of final |264.112(b)
closure 1(7)
1
amendment of plan |264.112(c)
t notification of partial 1
and final closure |264.112(d)
remove wastes, decon- I
taminate and dismantle |264.112(e)
STATE AUTHORITY
STATUTE | REGULATION









IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN _
•








t  CLOSURE- TIME ALLOWED FOR CLOSURE
   treat final volume in   |              I
   90 days or use criteria  264.113(a)   I
   complete closure inI~T
   180 days or use criteria 264.113(b)
   demonstration must be.   I              T
   within 30 days timeframel264 .113(c)   I
   DISPOSAL OR DECONTAMINATION OF EQUIPMENT, STRUCTURES OR SOILS
                           (              ((

   requirement at closure  1264.114	|	\

t  CERTIFICATION OF CLOSURE
   requirement at closure   |264.115
   SURVEY PLAT
   survey plat required	I 264.116
   POST-CLOSURE AND USE OF PROPERTY
   continued care for
   30 years	
r264.117(a)
Id)
   reduction or extension   I 264 . ll7(a)
   of care period __ I (2)
   security requirements    |264.117(b)   I
   -- !

   post-closure use limits  I 264 .117(c)   I
   activities in accord    1           ~T
   with plan    _      |264.117(d)   I
                                  MAY 2, 1986 - Page 2 of 9

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                 RCRA REVISION CHECKLIST:  Settlement Agreement (con't)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
    '-CLOSURE PLAN:  AMENDMENT OF PLAN
written plan
specified activities
availability of plan
amendment of plan
264.118U)
264. 118 (b)
264. 118 (c)
264.118(d)








POST-CLOSURE NOTICES
record of type, location
and quantity of h.w.
requirement to enter
note on deed
conditions for removal
of notation
264.119(a)
264. 119 (b)
264.119(c)






CERTIFICATION OF COMPLETION OF POST-CLOSURE CARE
completion of post-
closure period
264 . 120


                          SUBPART H - FINANCIAL REQUIREMENTS
DEFINITIONS OF TERMS AS USED IN THIS SUBPART
"current plugging and
abandonment cost
estimate"
264.141(f)


COST ESTIMATE FOR CLOSURE
o/o must have written
cost estimate
adjust closure cost
estimate for inflation
closure plan chanqes
264.142(a)
264.142(b)
264.142(c)






FINANCIAL ASSURANCE FOR CLOSURE
reimbursement for
closure activities
standby trust fund equal
to penal sum
surety liability keyed
to final Administrative
Order
after final 3008 deter-
mination RA may draw
on credit
264.143(a)
(10)
264.143(b)
(4)(ii)
264.143(c)
(5)
264.143(d)
(8)








                              May 2,  1986 - Page 3 of 9

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                 RCRA REVISION CHECKLIST:  Settlement Agreement (con't)
FEDERAL REQUIREMENT
o/o may request
reimbursement
net capital and worth
at six times
90% of assests in U.S.
networth at 6 times
sum of cost estimate
90% of assests in U.S.
phrases of cost esti-
mates including plugging
and abandonment
release of o/o from
requirements
RCRA CITE
264.143(e)
(5)
264.143(f)
(DUMB)
264.143(f)
(l)(i)(D)
264.143(f)
(IMiiMB)
264.143(f)
(D(ii)D)
264.143(f)
(2)
264.143U)
STATE AUTHORITY
STATUTE | REGULATION







IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
A
V



'

COST ESTIMATES FOR POST-CLOSURE CARE
annual post-closure
cost requirements
adjust for inflation
post-closure plan
changes
264.144(a)
264.144(b)
264.144(c)






FINANCIAL ASSURANCE FOR POST-CLOSURE
introductory text
reimbursements for
post-closure activities
standby trust fund equal
to penal sum
surety liability keyed
to final Admninistrative
Order
after final 3008 deter-
mination RA may draw
on credit
o/o may request
reimbursement
net capital and worth
at six times
90% of assets in U.S.
networth at 6 times
sum of estimate
90% of assests in U.S.
phrases of cost esti-
mates incl .ule plugging
and abandonment
release of o/o from
requirements
264.145
264.145(a)
(11)
264.145(b)
(4)(ii)
264.145(c)
(5)
264.145(d)
(9)
264.145(e)
(5)
264.145(f)
(DUMB)
264. 145 (f)
(l)(i)(D)
264.145(f)
(IMiiMB)
264.145(f)
(IMiiMD)
264.145U)
(2)
264.145(i)












m
w










                              May 2, 1986 - Page 4 of 9

-------
                 RCRA REVISION CHECKLIST:  Settlement Agreement  (con't)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
  iRDING OF INSTRUMENT
financial guarantee bond
closure cost estimates
under 40 CFR 144.62;
includes UIC costs
closure cost estimates
under 40 CFR 144.62;
includes UIC costs
264.151(b)
264.151(f)
(5)
264.151(g)
(5)






                    PART 265 - FACILITY INTERIM STATUS REQUIREMENTS
                          SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
management facilities
disposal facilities
265.110(a)
265.110(b)
CLOSURE PERFORMANCE STANDARD
minimize maintenance
controls, minimizes,
eliminates escape
complies with closure
requirements
265.111(a)
265.111(b)
265.111(c)






CLOSURE PLAN; AMENDMENT OF PLAN
t written plan
content of plan
h.w. management unit
to be closed
final closures and max-
imum extent of facility
maximum inventory
remove or decontaninate
all residues/eouipment
other activities to
assure closure
schedule of closure
t estimate year of final
closure
amendment of plan
265.112(a)
265.112(b)
265.112(b)
(1)
265.112(b)
(2)
265.112(b)
(3)
265.112(b)
(4)
265.112(b)
(5)
265.112(b)
(6)
265.112(b)
(7)
265.112(c)




















                               May 2, 1986 - Page 5 of 9

-------
                 RCRA REVISION CHECKLIST:   Settlement Agreement (con't)
FEDERAL REQUIREMENT
notification of partial
and final closure
t remove wastes, decontam-
inate and dismantle
RCRA CITE
265'.112(d)
265.112(e)
STATE AUTHORITY
STATUTE | REGULATION


IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN


                                                                                         •\
CLOSURE:   TIME ALLOWED FOR CLOSURE
t treat final volume in
90 days or use criteria
complete closure in 180
days or use criteria
demonstrations must be
made within 30 days
265.113(a)
265.113(b)
265.113(c)






DISPOSAL OR DECONTAMINATION OF EQUIPMENT,  STRUCTURES AND SOILS
requirement at closure
265.114


CERTIFICATION OF CLOSURE
requirement at closure
265.115


SURVEY PIAT
survey plat required
265.116
POST-CLOSURE CARE AND USE OF PROPERTY
continued care for 30
years
reduction or extension
of care period
security requirements
post-closure use limits
activities in accord
with plan
265.117(a)
(D
265.117(a)
(2)
265.117(b)
265.117(c)
265.117(d)





«




POST-CLOSURE PLAN:  AMENDMENT OF PLAN
written plan
availability of plan
specified activities
amendment of plan
o/o to submit plan
180 days before closure
approval of plan
265.118(a)
265.118(b)
265.118(c)
265.118(d)
265.118(e)
265.118(f)












                               May 2, 1986 - Page 6 of 9

-------
                 RCRA REVISION CHECKLIST:  Settlement Agreement (con't)
FEDERAL REQUIREMENT
t
\
modification of plan
RCRA CITE
265.118(q)
STATE AUTHORITY
STATUTE | REGULATION

IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

POST-CLOSURE NOTICES
record of type, location
and quantity of waste
requirement to enter
note on deed
conditions for removal
of notation
265.119(a)
265. 119 (b)
265.119(c)






CERTIFICATION OF COMPLETION OF POST-CLOSURE CARE
completion of post-
closure period
265.120


                           SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
all h.w.
facilities
265.140(3)


DEFINITIONS OF TERMS AS USED IN THIS SUBPART
current plugging and a-
bandonment cost estimate
265.141(f)


COST ESTIMATE FOR CLOSURE
o/o must have written
cost estimate
adjust closure cost
estimate for inflation
closure plan changes
265.142(a)
265.142(b)
265.142(c)






FINANCIAL ASSURANCE FOR CLOSURE
reimbursement for
closure activities
standby trust fund equal
to penal sum
after final 3008 deter-
mination RA may draw on
credit
o/o may request '
reimbursements
net capital and worth
at six times
90% of assets in U.S.
net worth at 6 times
sum of cost estimate
265.143(a)
(10)
265.143(b)
(4)(ii)
265.143(c)
(8)
265.143(d)
(5)
265.143(e)
(DUMB)
265.143(e)
(DUMD)
265.143(e)
(DUiMB)














                              May 2,  1986 - Page 7 of 9

-------
FEDERAL REQUIREMENT
90% of assets in U.S.
phrases of cost esti-
mates including plugging
and abandonment
release of o/o from
requirements
RCRA CITE
265.143(e)
(l)(ii)(D)
265.143(e)
(2)
265.143(h)
STATE AUTHORITY
STATUTE | REGULATION



IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

•
^^
COST ESTIMATE FOR POST-CLOSURE CARE
o/o must have written
cost estimate
adjust for inflation
post-closure plan
changes
265.144(a)
265.144(b)
265.144(c)






FINANCIAL ASSURANCE FOR POST-CLOSURE CARE
introductory text
o/o may request
reimbursement
standby trust fund
equal to penal sum
after final 3008 deter-
mination RA may draw on
credit
o/o may request
reimbursement
net capital and worth
at six times
90% of assets in U.S.
net worth at 6 times
sum of cost estimates
90% of assets in U.S.
phrases for cost esti-
mates including plugging
and abandonment
release of o/o from
requirements
265.145
265.145(a)
(11)
265.145(b)
(4)(ii)
265.145(c)
(9)
265.145(d)
(5)
265.145(e)
(l)(i)(B)
265.145(e)
(l)(ii)(D)
265.145(e)
(l)(ii)(B)
265.145(e)
(IMiiMD)
265.145(e)
(2)
265.145(h)
















4
^P




LIABILITY REQUIREMENTS
period of
coverage
265.147(e)


                              May 2,  1986 - Page  8  of  9

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                  RCRA REVISION CHECKLIST:  Settlement  Agreement (con't)
FEDERAL REQUIREMENT
RCRA CITS
STATE AUTHORITY
                                      STATUTE  I REGULATION
IF DIFFEREMT b'-tO-l t :•.;;.)
REQUIREMENT, EXPLAIN
                           PART 270 - PERMITTING REQUIREMENTS
                             SUBPART B - PERMIT APPLICATION

CONTENTS OF PART B APPLICATIONS:  GENERAL REQUIREMENTS
documentation that
notices are filed
cost estimates and
LViancial assurance
post-closure cost
estimates and
f i.-iancial assurance
27X14 fb)
(14)
270. 1Mb)
(15)
270.. 14 (hi
(16)





_.
                              SUBPART D - CHANGE TO  PERMIT
MINOR MODIFICATIONS OF PERMITS
changes in ownership
or operational control
270.42(d)
                            SUBPART  G - INTERIM STATUS
CHANGES DURING INTERIM
changes in ownership
or operation control
STATUS
1 270.72(d)

1 	


                                 May 2, 1986 Page 9 of 9

-------
                                                   OSWER DIRECTIVE  #9540.00-9
                               RCRA REVISION CHECKLIST 25

                        Codification Rule, Technical Correction
                                      51 FR 19176
                                      May,28, 1986
FEDERAL REQUIREMENT
RCRA. CITE
STATE AUTHCRITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
            PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF S
                                 SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS
paint filter test
265.314(d)
'

NOTE:  On July 15, 1985 (50 PR 28750) §265.314(d). was inadvertenely reserved.
       This section was originally promulgated on April 30,  1985 at 50 FR_ 18374
      (See RCRA Revision Checklist 16).   This rule corrects  the July 15 language
       by removing the "reserved" reference to paragraph (d).   Paragraph (d)
       remains as originally promulgated on April 30, 1985.
                              May  28,  1986  -  Page 1 of  1

-------
                                 RCRA REVISION CHECKLIST 26

                           Listing of Spent Pickle Liquor (K062)
                                        51 ER 19320 -
                 May 28,  1986,  as amended September 22,  1986 (51 FR 33612)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHCRITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                  EART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS VvASTE
                              SUBPART D - LISTS OF HAZARDOUS WASTE
t HAZARDOUS WASTE FROM SPECIFIC SOURCES
list of
"K" wastes
261.32


  §261.32 - Hazardous waste from specific sources
  Industry and EPA
  Hazardous Waste No:
  Hazardous Waste
Hazard Code
  Iron and Steel:  xxx K062.
.Spent  pickle liquior
 generated by steel
 finishing operations of
 iron and steel industry
 (SIC Codes 331 and 332).
   (C,T)
                       May 28,  1986,  as  amended September 22,  1986

                                       Page 1  of 1

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                                                  OSWER DIRECTIVE #9540.00-9
                                  RCRA REVISION CHECKLIST 27

                                      Liability Coverage
                                     51 FR 25350 - 25356
                                        July 11, 1986
   FEDERAL REQUIREMENT
I  RCRA CITE  |  STATE AUTHORITY 	\   IF DIFFERENT FROM FEDERAL
I             [STATUTE |  REGULATION!   REQUIREMENT, EXPLAIN
                    PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF TDF's
                              SUBPART H - FINANCIAL REQUIREMENTS
 t LIABILITY REQUIREMENTS
Coverage for sudden
accidental occurrences
Use of multiple
financial mechanisms
Coverage for nonsudden
accidental occurrences
Use of multiple
financial mechanisms
Corporate guarantee for
liability coverage
Guarantor is parent
corporation
Payment by guarantor
Cancellation/use of
alternate coverage
Corporate guarantee
valid and enforceable
under State law
|264.147(a)
1(2)
|264.147(a)
1(3)
|264.147(b)
1(2)
|264.147(b)
1(3)
1
|264.147(g)
|264-147(g)
Id)
|264.147(g)
l(D(i)
|264-147(g)
KD(ii)
1
1264.147(8)
1(2)
1
1
1
1
1
1
1
1
1
I
1
1
1
1
1
1
1









t  WORDING OF THE INSTRUMENTS
   Letter from Chief       I             I
     Financial Officer      264.151(g)  I
   Corporate Guarantee for |264.151(h) T
     Liability Coverage    I(2)         |
                                 July 11,  1986 - Page 1 of 2

-------
                   RCRA REVISION CHECKLIST: Liability (con't)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
            PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF's
                           SUBPART H - FINANCIAL REQUIREMENTS
LIABILITY REQUIREMENTS
Coverage of sudden
accidental occurences
Use of multiple
financial mechanisms
Coverage for nonsudden
accidental occurrence
Use of multiple
financial mechanisms
Corporate guarantee
for liabilty coverage
Guarantor is parent
corporation
Payment by guarantor
Cancellation/use of
alternate coverage
Corporate guarantee
valid and enforceable
under State law
265.147(a)
(2)
265.147(a)
(3)
265.147(b)
(2)
265.147(b)
(3)
265.147(g)
265.147(g)
(1)
265.147(g)
(D(i)
265.147(g)
(D(ii)
265.147(g)
(2)















M
*

                                July 11, 1986 - Page 2 of 2

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                                                OSWER DIRECTIVE #9540.00-9
                                 RCRA REVISION CHECKLIST 23

              Standards for Hazardous Waste Storage and Treatment Tank Systems
                                     51 FR 25470-25486
                                       July 14, 1986
FEDERAL REQUIREMENT
RCRA CITE
I  STATE  AUTHORITY    IIF DIFFERENT FROM FEDERAL
I STATUTE |  REGULATION I   REQUIREMENT,  EXPLAIN 	
               PART 260
    HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL
DEFINITIONS
1 "aboveground tank"
1 "ancillary equipment"
1 "component"
1 "corrosion expert"
1 "existing tank system"
or "existing component"
1 "inground tank"
1 "installation inspector"
|
J "leak detection system"
1 "new tank system"
1 "onground tank"
1 " sump "
1 "tank system"
*• "underground tank"
1 "unf it-for-use tank
system"
1 "zone of engineering
control"
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10
260.10






























•"•  These regulations implement I1SWA to the extent that they apply to tank systems owned
   or operated by small quantity generators,  establish leak detection requirements for
   all new underground tank systems,  and establish permit standards for underground
   tank systems that cannot he entered for inspection.  It is recommended that States
   seek program modification for the  rules promulgated under both RCRA authority and
   HSWA authority by the deadline for non-HSWA Cluster III (7/1/88).
                               July  14,  1986  - Page 1  of  10

-------
             RCRA REVISION CHECKLIST:  Storage and Treatment Tank Systems (con't)
   FEDERAL REQUIREMENT
 RCRA CITEI  STATE AUTHORITY
IF DIFFERENT FROM FEDERAL
                                          [STATUTE  | REGULATION)  REQUIREMENT, EXPLAIN
                        261  -  IDENTIFICATION AND LISTING OF HAZARDOUS
 t EXCLUSIONS
Secondary materials re-
claimed or returned to
process
261.4(a)(8)


               PART 262   -   STANDARDS APPLICABLE TO GENERATORS OF. HAZARDOUS
   ACCUMULATION TIME
Accumulation on-site
Compliance with
Subpart I of 265
Compliance with
Subpart J of 265
262.34(a)(l)
262.34(d)(2)
262.34(d)(3)






             PART 264
STANDARDS FOR OWNERS AND OPERATORS  OF HAZARDOUS  W\STE
TREATMENT, STORAGE AND DISPOSAL FACILITIES
GENERAL INSPECTION REQUIREMENTS
Frequency of inspection
264.15(b)(4)

-^fc-
H
OPcTRATING RECORD ^^
Data requirements
264.73(b)(6)


APPLICABILITY
1 Closure & Post-closure
compliance w/264.197
1 Financ. responsibility
ccmpliance w/264.197
264.110(b)(3)
264.140(b)(3)




                                   SUBPART J - TANK SYSTEMS
1 Applicability tank sys-
tems used for storing
or treatinq h.w.
*1 Exemptions from
t secondary containment
requirements
264.190
264.190(a)&(b)




*1
   ASSESSMENT OF EXISTING TANK SYSTEM'S INTEGRITY
Written assessment
requirement
Minimum assessment
considerations
264.191(a)
264.191(b)




    * See technical corrections of August 15, 1986 (51 FR 29430)
                                 July 14, 1986 - Page 2 of 10

-------
           RORA REVISION CHECKLIST: Storage and Treatment Tank Systems (con't)
FEDERAL REQUIREMENT
' RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
«ESSMENT OF EXISTING TANK SYSTEM'S INTEGRITY (con't)
o2 mos. deadline if
materials become h.w.
after 7/14/86
Tank systems found to be
leaking or unfit for use
264.191(c)
264.191(d)




DESIGN AND INSTALLATION OF NEW TANK SYSTEMS OR COMPONENTS
Info, to.be included in
written assessments for
new tanks
New tank installation
procedures; inspection
requirements
Backfilling requirements
for new underground
tank systems
Tightness requirement
Protection of -
ancillary equipment
Corrosion protection
requirements
Written statements and
.certification statements
264.192(a)
264.192(b)
264.192(c)
264.192(d)
264.192(e)
264.192(f )
264.192(g)














CONTAINMENT AND DETECTION OF RELEASES
1 Schedule for providing
secondary contairment
for tank systems
1 Min. requirements for
secondary systems
1 Min. spec, of secondary
contairment
1 Devices that satisfy the
secondary containment
requirements
1 Additional requirements
for liner and vault
systems, and double-
walled tanks
1 Ancillary equipment must
be provided with full
secondary contairment
1 Exceptions at 264.193(f)
1 Variance requirements
t Requirements for
addressing releases from
| tank systems that have
, obtained variances
264.193(a)
264.193(b)
264.193(c)
264.193(d)
264.193(e)
264.193(f)
264.193(f )
(1) - (4)
264.193(g)
264.193(g)
(3) and (4)


















                             July 14,  1986 - Page 3 of  10

-------
           RCRA REVISION CHECKLIST: Storage and Treatment Tank Systems (con't)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENTS, EXPLAIN
CONTAINMENT AND DETECTION OF RELEASES (con't)
1 Procedures for
t requesting a variance
1 Requirements for all
tank systems until such
time as secondary con-
tairment is provided
264.193(h)
264.193(1)


•

GENERAL OPERATING REQUIREMENTS
H.W. or treatment rea-
gents not to be placed
in tank systems
Min. controls and
practices to prevent
spills and overflows
Requirements if a leak
or spill occurs in the
tank system
264.194(a)
264.194(b)
264.194(c)






INSPECTIONS
1 Schedules & procedure
for inspecting overfill
controls
1 Daily inspection
requirements
1 Minimum inspection
frequency for cathodic
protection systems
•"• Documentation in
operating record
264.195(a)
264.195(b)
264.195(c)
264. 195 (d)






•

RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT - FOR - USE
TANK SYSTEMS
Immediate removal (from
service) of leaking
or unf it-for-use tank
systems
Prevent flows of addi-
tional wastes
Removal of waste from
tank system or secondary
containment system
Containment of visi51e
releases to the
environment
Notifications/reports
Prov. of sec. contain-
ment, repair, or closure
Certification closure
requirements
264.196
264. 196 (a)
264.196(5)
264.196(c)
264. 196 (d)
264.196(e)
264.196(f )














                              July 14, 1986 - Page 4 of 10

-------
                RCRA REVISION CHECKLIST:  Storage and Tank Systems '(con't)
FEDERAL REQUIREMENT
RCRA CITE '
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
    JURE AND POST-CLOSURE CARE
-"•Tfeneral closure
requirements
1 Specific requirements
when contaminated soils
cannot practicably be
removed or decontam-
inated? closure as a
landfill
1 Closure plans and
financial responsibility
requirements for tank
systems w/o secondary
containment that fall
under §264.193(b)-(f )
and are not exempt frcm
secondary containments
requirements
264.197(a)
264.197(b)
264.197(c)


•



SPECIAL
FOR IGNITABLE OR REACTIVE V\ASTES
-"• Ltd. placement of I or R
wastes in tank systems
1 Compliance w/maintenance
of protective distances
264.198(a)
264.198(b)




 PECIAL REQUIREMENTS FOR INCOMPATIBLE VASTES
Ltd. placement of incom.
wastes in tank systems
Use of tank system that
previously held incon.
wastes
264.199(a)
264.199(b)




                  PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS
GENERAL W\STE ANALYSIS
Methods for additional
waste analysis
265.13(b)(6)


GENERAL INSPECTION REQUIREMENTS
1 Inspection frequency
265.15(b)(4)


OPERATING RECORD
1 Records & results of
analysis & trial tests
1 Monitoring, testing, of
analytical data
265.73(b)(3)
265.73(b)(6)




                               July 14, 1986 - Page 5 of 10

-------
           RCRA REVISION CHECKLIST:  Storage and Treatment Tank Systems (con't)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
APPLICABILITY
1 Tank systems which must
ccnply w/landf ill
requirements
Financial responsibility
requirements
265.110(b)(2)
265.140(b)


V

                                SUBPART J  -  TANK SYSTEMS
APPLICABILITY
1 Tanks systems used for
storing & treating h.w
t Exemptions from secon-
darty containment
reguirements
265.190
265.190(a)&(b)




ASSESSMENT OF EXISTING TANK SYSTEMS OR COMPONENTS
1 Written assessment
requirement
1 Min. assessment
considerations
1 12 mos. deadline for
materials which become
h.w. after 7/14/86
1 Tank systems found to be
leaking or unfit for use
265.191(a)
265.191(b)
265.191(c)
265.191(d)







•
DESIGN AND INSTALLATION OF NEW TANK SYSTEMS OR COMPONENTS
* 1 Info, to be included in
the written assessment
for new underground tank
1 New tank installation
procedures; inspection
reguirements
1 Backfilling requirements
for new underground tank
systems
1 Tightness requirements
1 Protection of
ancillary equipment
1 Corrosion protection
requirements
1 Written statements and
certification statements
265.192(a)
265.192(b)
265.192(c)
265.192(d)
265.192(e)
265.192(f)
265.192(g)














                               July 14, 1986 - Page 6 of 10

-------
FEDERAL REQUIREMENT
RCRA REVISION CHECKLIST:  Storage and Treatment Tank  Systems  (con't)

              I   RCRA~~CITi
STATE AUTHORITY
                                       STATUTE  REGULATION
[TY_	T"
JIATIpNJ
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
 PNTAINMENT AND DETECTION OF RELEASES
"Inapplicability of
secondary containment
requirements
1 Minimum requirements for
secondary containment
systems
1 Minimum specifications of
secondary containment
1 Devices that secondary
containment for tanks
must include
1 Additional requirements
for liner and vault
systems, and doubled
walled tanks
1 Ancillary equipment must
be provided with full
secondary containment
It
Exception to 265.193(f)
t Variance requirements
t Procedures for requesting
a variance
^Requirements for all
^r tanks systems until such
time as secondary con-
tainment is provided
265. 193 (a)
265. 193 (b)
265. 193 (c)
265. 193 (d)
265.193(e)
265.193(f)
265.193(f)
265.193(g)
265. 193 (h)
265.193(1)




















GENERAL OPERATING REQUIREMENTS
1 H.W. or treatment rea-
gents not to be placed
in tank system
1 Minimum controls and
practices to prevent
spills and overflows
1 Requirements if a leak
or spill occurs in the
tank system
265. 194 (a)
265.194(b)
265.194(c)



INSPECTIONS
1 Daily inspection
requirements
1 Minimum inspection
frequency for
cathodic protection
system
265. 195 (a)
265. 195 (b)




                              July 14,  1986 - Page 7 of 10

-------
           RCRA REVISION CHECKLIST:  Storage and Treatment Tank Systems (con't)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
                                       STATUTE   REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
INSPECTIONS (con't)
1 Documentation in
operating record
265.195(c)

V
RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT-FOR-USE TANK SYSTEMS
1 Immediate removal (from
service) leaking or
unf it-for-use tank
systems
1 Prevent flow of addi-
tional wastes
1 Removal of waste from
tank system or secondary
containment system
1 Containment of visible
releases to the
environment
1 Notifications/reports
1 Provision of secondary
containment, repair, or
closure
1 Certification of major
repairs
265.196
265.196(a)
265.196(b)
265.196(c)
265.196(d)
265.196(e)
265.196(f )














CLOSURE AND POST-CLOSURE CARE
General closure
requirements
Specific requirements
when contaminated soils
cannot practicably be
removed or decontam-
inated; closure as a
landfill
1 Requirements for tank
systems without secondary
containment that fall
under §265. 193(b)-(f )
and are not exempt from
secondary containment
requirements
265.197(a)
265.197(b)
265.197(c)



«


SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE V&STES
1 Limited placement of I
or R wastes in tank
systems
1 Compliance w/maintenance
of protective distance
265.198(a)
265.198(b)




                               July 14, 1986 - Page 8 of 10

-------
                   RCRA REVISION CHECKLIST:  Storage and Treatment Tank Systems  (con't)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
FREGUIATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
   ?ECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
^^taited placement of
incompatible wastes in
tank systems
1 Use of tank system that
previously held incom-
patible wastes
265.199(a)
265.199(b)




WASTE ANALYSIS AND TRIAL TESTS
1 Waste analysis and
treatment or storage
tests
1 Obtain written, docu-
mented information on
similar waste/operating
conditions
265.200(a)
265.200(b)


*

  SPECIAL REQUIREMENTS FOR GENERATORS OF BETWEEN 100 AMD 1000 KG/MO THAT ACCUMULATE
  HAZARDOUS WASTE IN TANKS
1 General applicability
  reouirements
1 General operating
  requirements for gene-
  rators of between 100
  and 1000 kg/mo of h.w.
   nspection requirements
  Closures requirements
265.201(a;
265.201(b)
265.201(c)
265.201(d)
  Special requirements for
  I or R wastes
265.201(e)
  Special requirements for
  incompatible wastes	
265.201(f)
                              PART 270 - PERMITTING REQUIREMENTS
  CONTENTS OF PART B:   GENERAL REQUIREMENTS
General inspection
schedule
Copies of closure and
post-closure plans
270.14(b)(5)
270.14(b)
(13)




SPECIFIC PART B INFORMATION REQUIREMENTS FOR TANK SYSTEMS
Written certified
assessment of each tank
system
Dimensions and capacity
of each tank
270.16(3)
270.16(b)




                                 July  14,  1986 - Page 9 of  10

-------
          RCRA REVISION CHECKLIST:  Storage and Treatment Tank Systems (con't:
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SPECIFIC PART B INFORMATION REQUIREMENTS FOR TANK SYSTEMS (con't)
Descripton of feed
systems, safety cutoff'
bypass systems, and
pressure controls
Diagram of piping, in-
strumentation, and pro-
cess flow for each tank
systems	
270.16(c)
270.16(d)
Description of external
corrosion protection
270.16(e;
Description of new tank
installation
270.16(f;
Plans and description of
secondary containment
systems	
270.16(q)
Information requirements
for systems for which a
variance will be sought
270.16(h)
Description of controls
and practices to prevent
spills and overflows	
270.16{i)
Description of design
and operating for tank
systems handling
ignitible, reactive,
or incompatible wastes
270.16(j)
CHANGES DURING INTERIM STATUS
Changes made solely to
comply with §265.193
not included under
this section
270.72(e!
                        July 14, 1986 - Page 10 of 10

-------
                                                  OSWER DIRECTIVE #9540.00-9
                             RCRA REVISION CHECKLIST 29

                    Corrections to Listing of Commercial  Chemical
                       Products and Appendix VIII Constituents
                                  51 FR 28296-28310
                                   August 6, 1986
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
       PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                        SUBPART D - LISTS OF HAZARDOUS WASTE
  DISCARDED COMMERCIAL CHEMICAL PRODUCTS,  OFF-SPECIFICATION SPECIES,
    CONTAINER RESIDUES. AND SPILL RESIDUES THEREOF 	
  correct specific
  listings    	
261.33(e)
EPA
naz-
araoua
waste
NO.
P001
POOS
POOS
P043
P047
P060
P089
P114
j Aa listed now—
I
| Aluminum phoapnide 	 _ 	 	 -_
4-aAmmooyndin«.._ 	 	 	 	 	 	
Phosonorofluonc acid. Bia-xycounwftn and jarts
Aluminum pnosonid* (H.T)
4^lpno-Ammooyndin«
Phosonoronuonoc acid. t»s<1-m«mvi»tnyl) aalar
niamurn (I) atunaa
t adacnemical
  abstract numbers
261.33(e)
araoua
«ast«
No.
P023
P002
POS7
POJ8
POM
P002
POOS
P070
P004
POOS
POOS
P007
POO9
P009
P119
P010
P012
P011
P011
P012
P033
P038
P054
P013
P024
P077
P028
P042
P046
P014
POO1
aosvacti No.
107-20-0
591-08-2
Suostanca
Acetawanyo*. cniorc-
AcaURMM. N^amnoawnomotnyl)-
540-19-7 | AcMamio*. 2-iiuoro-
S2-74-4 i Acanc acid, fluofo-, wdum salt
I97S2-77-S
591-08-2
107-02-9
11S-08-3
309-00-2
107-18-«
20859-70-8
2763-90-4
504—24-5
131-74-a
7803-55-9
7778-39-1
1327-53-3
1303-23-2
nm_3ft— 3
IJUJ— ct}"c
1327-53-3
692-42-2
S9S-2B-S
151-56-4
542-82-1
106-47-4
100-01-9
100-44-7
51-43-4
122-09-9
108-9S-4
1 R1-A1-3
Acenmoic aad. N-«m«nyicwoamoyi|o»yjtnx>- metttyl ester
1-Ae«yl-2-miounn
Acrowm
AldKM
Aidno
Altyt aiconol
Aluminum pnoaotmx (R.T)

Ammonum picniu (R)
Ammonum vanadale
Araanc aad
Araenc and* AS.OI
Amne and* AeiOi
Arswoic pvntOAMJc
Arwmc tnomdv
Artm*. (jwthyt
AfAonous dichtondc. pftonyt*
Azmdlne
Banum cyarnoa
Sefizenamne. 4-ctilon>

BeiUBnaiiMW. 4^niio-
Q0fi^ana< (cffloroiTielttyt)*
1.2-Sennnediol. 4.(t-n-/dnwy-2Hm»«ny>aminoi«my()-. (R).
Sanzeneemanamne. awnajwna-dKiwihyt-
Ttl 1 nanTnnntan T nna» 1 hnirifr>^if 1 <1 nttrt i nn»r»ril^«iririt cuu« ••>!«•
                             August  6,  1986  -  Page  1  of  15

-------
RCRA REVISION CHECKLIST 29:   Corrections to Listing of Commercial  Chemical
             Products and Appendix VIII Constituents (continued)
FEDERAL REQUIREMENT RCRA CITE STATE AUTHORITY IF DIFFERENT FROM FEDElB
STATUTE REGULATION REQUIREMENT, EXPLAIN ~

Haz-
ardous
waste
No.
P028
P015
P016
P017
P018
P021
P022
P022
P09S
P023
P024
P029
P031
P033
P034
P036
P037
P038

dwmical
abstracts No.

100-44-7
744O-41-7

Suostanca


Benzyl ctilonde
Beryllium dual
542-88-1 Sixcrtforometrtyl) atner
598-31-2 i Bromoacaione
357-57-3 | Sruone
592-01-8
75-15-0
75-15-0
75-44-5
107-20-0
106-47-8
544-92-3
Calourn cyanide
Caroon DtsuMd*
CiitXHi dnuiMe
Carbonic dtctuonde
CMoroacetaldenyde
pOikxoamline
Coooer cyanide
.,.., 	 ,,„,„„.,„..,) i*7B|l*M«M| \WVWW ^f««"W 94WL4f, i"Vl W«"«»™*«7 WWfVU
460-19-5 1 Cyanogen
506-77-4 Cyanogen cnionde
1 31 -89-5 2^CydonmyM 6-otnitrooneoof
696-28-6 Oicnloroonenyianine
6O-57-1 OieiOnn
692 12-2 Oiatnylanine
P041 311-45-5 OieaiyHMirlroorwnyl onownate
PQ4Q ! 297—97—2 ' O O-Qwthv4 O-ovrszmvi onoflonorotntottM
PO43 55-91-4 i Ouvxxoov iiuoroonosonate (OEPt
P004 . 309-00-2
P060
P037
P051
P044
P045
P047
P048
POM
poes
P039
P049
P050
P088
POSt
P04Z
P101
P054
P097
P056
POS7
P058
P065
POS9
poez
P1 18
P068
P063
P063
P096
P084
P060
P007
P092
P06S
P016
P112
P118
POS9
P066
P067
P068
P064
P069
P071
P072
P073
P073
P075
P078
P077
pnTQ
fVftt
P078
P081
P084
P074
OTM*
465-73-9
60-57-1
72-20-8
60-51-5
39196-18-4
1 534-52-1
51-28-5
1 ,4-5.a-OimeinanonaDnmaMne. i .2.3.4, to. I0-ne«acnioro-i .4.4a.5.8.8a-neicanydro-. (ialona.4alona.4abeia.Saiona.8aiDna.aaoeiar-
1 .4-s.a-OKmmanonaontnalene. i .2.3.4. 10. 1 0-naxacfiiofO- 1 .4,4a.S.8.aa-rie>anyarc-. i 1 aiona.4aipria.4aDeia.5oeia.6tMta.dac«ial-
2.73.S-Cimemanonaontn(2.3blo>irane. 3.4.5.S,9.9-ne>acniorc-1a.Z2a.3.6.6a.7.7a4X1anydro-. (1aaiona^baia.2aaiona.jbeta.6beia.6aaiona.r!Mta.;aalonal-
2.7-3.8-Oinwmanonapni»(2.3bJonrane. octanydrc-. (Iaaionar2b«ta.2a0eta.3alpna.6alona.6ac«ta.7beta.7aawna>-
Oimetnoate
3.3-0«netny«-HnwfnyMniol-2-bu>anone, O-dmemylamnolcarbonyl] onme
4.6-Omtto-o-crmol and salts
2.4-Olnrtrooneoo4
88-85-7 | Omosao
152-16-9 1 Oionosonoramide. octamatnyt-
298-04-t
541-53-7
115-29-7
145-73-3
72-20-8
51-43-4
107-12-0
151-58 *
52-85-7
7782-41-4
640-19-7
62-74-8
Ouuttoion
2.4-Ortfwoiurw '
Endosurran
Endotnal
Enam
Eomepnnne
Etnytcyande
ElrryMneimine
Famqnur
Fluorine
Fluoroacatamde
Ruoroacaoc acid, sodium salt
628 86 4 Fuimmc acid. Ti«reury<2 +• laalt (R.T)
76-44-8 H«otacnior
757-58-4 Heiaeinyitetraonospnam
79-19-6 Hydrazmecarootnioamid*
6O-34-4 Hydrauoe. mtrhyl-
74-90-3 Hydrocyanic tea
74-90-3
7803-51-2
624-83-9
465-73-8
2763-98-4
62-38-4
828-88-4
ey 7B_fl
OaS— '^— W
542-88-1
509-14-8
75-70-7
76 «< a
167S2-77-5
75-55-8
SO-34-4
624-83-9
75-86-5
298-00-0
86-88-4
13463-39-3
13483-39-3
'54-11-5
10102-43-9
100-01-8
10102-44— O
10102-43-a
1 0102 ^ 0
55-63-0
oy 7«t_a
Oe6~« 5~W
557-19-7
Hydrogen cyanide
Hydrogen pnosprude
Isocyarac acid, nwtnyl aster
Isodm
3!2H)-l»ottzoione. SHarmnometnyl)-
Mercury. lacetatc-Olonenyl-
Mercury fulmnate (R.T)
MiitRwTwWi M imtfr^i N miimu«
Maffuno, tMrentro* (R)
Memanemm. ncworo.
4,7--Metnano-1H-inoane. 1.4.5.6.7.a.64wpUcnloro-3a.4.7.7a-Mirarivdro-
Methomyl
2-Metnytazindine
MeWw^l hydrazme
Metnyl iwcyanate
2-Metnyilaetonilnl*
Metnyi paratMon
aloha-Napntnyitniourae.
Nickel caroonyt
Nickel carbonyl. (T-»t-
Nwotme and salts
Nitnc oxidv
p-Mitroarnlirw
Nitrooan dionde
Nitrooan onde NO
Nitroglycerine (R)
N-NitrosoiWrwinvUiiuM
Nidcel cyanme
f^lf-tmntmtrm lirnarnrrfirtaM^inremiartai
                         August  6,  1986  -  Page  2  of  15

-------
     RCRA  REVISION  CHECKLIST  29:     Corrections  to   Listing  of  Commercial
                             Products  and  Appendix  VIII  Constituents  (continued)
                                                                                                                    Chemical
FEDERAL
REQUIREMENT
RCRA
CITE
STATE AUTHORITY
STATUTE
RECULAT
ION
IF D
REOU
1 FFERENT
IREMENT,
FROM FEDERAL
EXPLAIN
aroous  I  Chemical
waste   abstracts No.
 No.
                                                                                    Substance
P087
P087
P088
P089
P034
P048
P047
P020
POOS
P092
P093
POM
P09S
POM
P041
P039
P094
P044
P043
P089
P040
P097
P071
P110
P098
P099
P070
P101
P027
P069
P081
P017
P102
P003
3005
P057
P102
POOS
P075
P111
P103
P104
P105
P106
P107
P108
P018
P'08
P115
P109
P'lO
P111
P112
P062
P113
P113
P114
P115
P109
P045
PO49
P014
P116
P926
P072
P093
P'23
Pi 18
P119
P120
P084
P001
P121
P122
20816-12-0
20816-12-0
  14S-73-3
   56-38-2
  131-89-5
   51-28-5
 1 534-52-1
   38-85-7
  131-74-8
   62-38-4
  103-8S-5
  298-02-2
   75-44-5
 7803-51-2
  311-JS-5
  298-04-4
  298-02-2
   60-51-5
   55-81-4
   50-38-2
  297-97-2
   52-85-7
  298-00-0
   78-00-2
  151-5O-8
  506-61-9
  118-06-3
  107-12-0
  542-76-7
   75-86-S
   55-63-0
  598-31-2
  107-19-7
  107-02-8
  •07-18-6
   75-55-3
  591-03-2
  504-24-5
  ' 54-11-5
  107-49-3
  530-10-4
  506-64-9
26628-22-8
  143-33-9
  1314-96-1
  '57-24-9
  357-57-3
  1 57-24-9
10031-59-1
 3689-24-5
   78-00-2
  107-49-3
  509-14-8
  757-58-4
  1314-32-5
  1314-32-5
12039-52-0
10031-59-1
 3689-24-5
39196-I8-4
  541-53-7
  108-98-5
   79-i9-6
 5344-32-1
   86-88-4
  103-35-5
 8001-35-2
   75-70-7
 7803-55-8
  1314-62-1
 4549-40-0
   81-81-2
  557-21-1
 1314-84-7
 Osmium and*
 Osfuwn teuuiude
 7-Ox»o>cyc(o(2^.1 Jhepune-2.3-dKaft»»ylic acid
 Phenol 2-cydonei!yl-4.6-dKMfO-
 Phenol. 2,*-omrtn>
 Phenol. 2-memyM,6-dntn> and salt*
| Phenol. 2-U-mefnylpropytM.6-dmifn>
I Phenol. 2.4.6-tnnMro-. ammomom sail (R)
I Phenytnwcury acatate
| Phenyitniourea
 Phorale
 Phospnone aod. dietnyl •
 Pnosooorodiinoic aad. O.O-awtnyl S-(2-
I PfopaneMlnle. 2*nyOfOi'V'2MHe(f)yl
j 1.2.3-Prcoanetnot. tnnitrate (R)
' 2-P>oo«none. i-oromo
I Prpoargyl alconot
: 2-P-openal
 2-Prooen-t-ol
i 1.2-Prooylenimine
  Pynome. (S)-3-(i-metny(-2-pyiTOHOinyi|. and salts
  Pyroonosononc acid, tetraetnyl aster
  Selenourea
  Silver cyanioa
  Sodium azida
  Sodium cvanioe
  Strontium suitide
  Strycrinidin-lO-on«. ana salts
  Stpycnnidm-iO-ona. 2.3-dimathoxy-
  Slrvcnmne and salts
  Sulfunc acid, inalbumd) salt
  Tetraetnyiditniooyropnosonate
  ratraetnyl lead
  Tatraetrtyipyropnosonaie
  Tatranitromatnane (P)
  Tatraonosononc acid. na»a«inyi aster
  Thalltc oxide
  Thailiumdlll oxide
  ThaUumil) setentte
  Thailiomlll su/taia
  Tniodionospnonc aad. retraemyi aster
  Thiotanox
  ThHxnidocKartxxxc diarmde
  Tniopnenol
  TTno'imim" ill fin m le
  Tnauree. (2-cnkxoonenyl)-
  Tfnoorea. t^iaonmalenvl-
  TTnourea. pnenyi-
i  Toxaonene
i  Tncnioromeihanetniol
  VanadK aod. ammonium salt
  VanadumCV) onde
i  Vinylamine. N-methyl-N-nitroso^'
j  Wartarm
,  Zinc cyanide
|  Zinc pnosonide (fl.T)
    ' CAS Numoer given tor parent compound only
                                                  August  6,   1986   -  Page  3  of   15

-------
RCRA REVISION CHECKLIST 29:  Corrections to Listing of Commercial Chemical
             Products and Appendix VIII Constituents (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDER^
REQUIREMENT, EXPLAIN
correct specific
listings 261.33(f)

Haz- !
araous
wasta
No.
U026
U035
U058
U067
U087
U137
U093
U10S
U111
U111
U114
U115
U118
U121
U14S
U146
U155
U183
U166
U182
U185
U189
U202
U222
U234
U237
U240
U232
U233
Aaiistadnow—
2-Napmfiylarmn
Butanwcaod.
2H-I 3,2,Oxaza
Elyiana dioromi
I.l0-- 	 ,. 	
*-(Bi«(2-cfiloroaifiyHarronoJbanzan«" . ..
pnospnonna. 2(bis(2-cnioro-9tnyOamnoM8trany<
ad



BiyM 2.4-dmtro 	 _ 	 	 	






1 Laad salt 	 	 	 _ 	


rtroso-ivinainyl-N'rMro-
nona
2.4 5-tnmatnyl-

utfida 	 	 _ 	 „ 	




id aatara 	 - 	 	 	 „ 	



Should oa cMangad to—
1
2.NapmttyUiT«na N rw*K2x*Wroatnyl|.
	 	 	 9utano«c aod. ^(bia^Z^fttofoetnyttafltiftolbonzen^
dor- oxtd»-2 2H-t 3 2-OxaZaKtfwspfKXTf1* 2-rbf^<2-ch|ofO«**iY')*fflino]-ffltI'*ftYdro- 2-^xid«
Etdv4«n« <]ibroff*d»

I 1 tO^I 2-Pti«nv*»>n«|pyr»n<


1 Di-ivjvo iratRMivmnti
1 >4-Nrtrosodi-fHyoov*ani»n«
	 	 „ .; Ethytmois^ditfHocarbantic aod). sans and asters

, ,.,., .,..., , , , ,, i rHttryt mvtnacrylat*
	 	 	 	 	 Ofttow oo« o* trw two entries; vw comqouno *«s inadvertently listed twice.
	 Pt*osononc acxt lead aatt
	 \ i 2*0invdro-0 9-pyndazmedrane
	 _ 	 1 Pyndirw 2-C(2-Otme(ny(aniino) 8tn>'IJ-2-pn«ny(aiTwy>-
	 	 	 i GuantOine, N^troso-N^netf^N'-nrtro-

„,„ ,,,.,. 	 1 3L5-Tnoxane, 2,4 6-tnmt>ihyi-
	 	 - 	 Senztoe. pentacnicwoniuo-
	 _ 	 Phosonorua sutfida
! 1 2-8ennsoint*rtin-3-one i i-^iomde 3rd sajt»

	 _._„.] Hazardous wasta nu/noor aooears as "0234" sfioutd be U234
	 _ 	 Uraci*. 5-(btsi2-cntaroetnyo-am»no]- i
	 _ 	 _. 2.4^. saltt and asters 1
	 J 2 4 S-Tncnkxoacetrc acd. saits and esters



t add chemical
abstract numbers 261.33(f)

Haz- !
ardous Owncal
wasta abstracts No.
NO.
U001
U034
U187
U005
U112
U144
U214
U232
U002
U003
U004
U005
U006
U007
U008
U009
U011
U012
U014
U01S
U010
U157
U016
U017
U192
U018
U094
U012
U014
75-07-0
75-87-6
82-44-2
53-96-3
141-78-6
301-04.2
563-88-6
93-76-5
87-64-1
75-05-8
96-66-2
53-96-3
75-36-5
79-06-1
79-10-7
107-13-1
81-82-5
62-53-3
492-80-8
115-02-8
50-07-7
50-49-5
225-51-4
98-87-3
23950-58-5
56-55-3
57-97-6
82-53-3
492-40-6
S^nc.
AcatakMnyoe (I)
AcataUdenyo*. tncfttoro*
AcvtaVTNdc. f^SM-fluofwvZ-yi
Acaac aod. atnyt astar (1)
Acaneaad. laad salt
Aeaoc acid, tnalkum (1 -4.) salt
Acswna(l)
AeatomMa (i.T)
Acetconanona
Acatyt cruonda (C.R.T)
AcryMmda
Acryke aod (1)
Anwrota
Ankna(I.T)
Auramna
Azaaarma
Azmoo«?.T 3.4)pyrrolo( 1 .2-alinoola i.7-dlona.
aanz(|]acaamtxyi«na. i.2-diriyaro-3-2-orooynyH
aanztajantftracana
aanz(a)antnracana. 7.12-dmamyt-
Sanzanamina (I.T)
aanzenamna. 4.4'-caroom>ndoylbia(N.N-
-------
RCRA REVISION CHECKLIST 29:   Corrections to Listing of Commercial Chemical
             Products and Appendix VIII Constituents (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULAT 1 ON
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
HU-
a/oout
wasta
NO.
U049
U093
U328
U3S3
U158
U222
U181
U019
U038
U030
U03S
U037
U221
U028
U009
tiOSS
U102
U107
U070
U071
U072
uoeo
U017
U223
U239
U201
U127
uosa
U230
U10S
U108
U055
11160
U183
U18S
U020
U020
U207
U081
IJ247
U023
U234
U021
U202
U203
U141
U090
U064
U022
U197
U023
U085
U021
U073
U091
U09S
U027
U024
U028
U225
U030
U120
U172
U031
U1S9
U160
U053
U074
U143
U031
U138
U032
U238
U178
U097
U114
U082
U215
U033
U158
U033
U211
U034
uoas
U038
aMracaNo.
3105-93-3
60-11-7
95-53-4
100-49-0
101-14-4
830-21-5
99-55-8
71-43-2
510-15-8
101-55-3
305-03-3
108-90-7
25378-46-8
117-81-7
84-74-2
84-80-2
131-11-3
117-84-0
95-5O-1
541-73-1
100-10-7
72-54-8
98-87-3
29471-62-5
1330-20-7
108-40-3
118-74-1
110-82-7
108-68-3
121-14-2
808-20-2
90-82-8
98-9S-3
608-93-5
92-68-9
90-09-9
90-09-9
95-94-3
50-29-3
72-43-5
90-07-7
99-35-4
92-87-5
' 81-07-2
94-59-7
120-58-1
94-58-8
189-55-9
50-32-8
100-51-4
90-07-7
1404-53-5
92-87-5
91-94-1
119-90-4
119-93-7
39030-32-9
111-91-1
117-81-7
75-25-2
101-55-3
87-68-3
924-16-3
71-30-3
70-93-3
1338-23-4
4170-30-3
784-tl-O
303-34-4
71-38-3
75-60-5
13785-19-0
51-79-8
SI 5-53-2
79-44-7
1 111-54-8
2303-10-4
6533-73-9
3S3-SO-4
79-22-1
353-50-t
50-23-5
75-87-8
305-03-3
12789-03-8
Substanca







Banzana •

BcmftMuianoic acid. 4-{bis<2-chtofo.Mhy4).UTWK>J-

1.2-eennnedfctfOoxyfcc aod. dfcutyt ener
i.2-8«nwned«artxa ':, ' ^.'— * -*c^|a'0*'l'1V|l*H'"altas(4-cni<}«>

Banzana. amaffiyt- (I.T)
Banzana. naxanydny (1)
Banzana, mamyt-
Banzana. d-tnamynuiyi)- (||
Banzana. ratro- (I.T)
Sanzana. pamacrHoro-
Banzanaaunonc aod ciDcnda IC.3)
SanzanaauKonyl cnlonda (C.P)
Banzan*, l.Z4.S-(affacnion>>


Banzana. T.3.S-tmvo (R.T)
1.2-aanmo(niazoK]-(2HVona. t.lowwle and um
1 3-8-akna-
1-Butanoi (1)
2-Sutanona (I.T)
2-Butanona parexida (R.T)
2-3utanaJ
2.8uian«. 1.4-denkxo- (I.T)
2 ^Mloniil]*0* 2"mW1yl"1 7"{(Z3"a*lrtre^-2-('-m*t><»^^l-3^w»^1^«^w^l™ tiS-{laion»0).r(2S. 3m,
rvfluM alconol (1)
Cicooydcaad
Calaum cnramaia
Ciioannc aod. «Uiy1 rater


CmMmodiinuu. aod. i.2-«ftan«oty**»-.>»IU and astars
Caflwnomoc aad. 6is<1.mamYla(ny(>^i3-dicn!oro-2.flcw>aiV) astar
Cartxxnc aoo. ditnaikunxi*) salt
Cartxmc dinuanda
CamonoenioiidB aad. macnyt mar (I, r)
Careen oxyfluonda (R.T)
Camon iwracMooda
CJHorat
Chtow«» August 6, 1986 - Page 5 of 15

-------
     RCRA  REVISION  CHECKLIST  29:    Corrections  to   Listing  of  Commercial
                            Products  and  Appendix  VIII   Constituents   (continued)
                                                                                                                          Chemical
FEDERAL REQUIREMENT
                                          RCRA CITE
                                                                               STATE AUTHORITY
                                                                           STATUTE
                                                                                          REGULATION
                                                                                                     IF  DIFFERENT FROM FEDEi
                                                                                                     REQUIREMENT, EXPLAIN
 Haz-
ardous    Chemical
waste ,  abstracts No.
 MO.
                                                                                  Substance
U028
U037
U039
U041
U042
U044
UC-18

U048
U049
U032
U050
U051
U052
U053
U055
 U197
 U056
 U057
 U110
 U058

 U059
 UC60
 U06I
 U062
 U063
 UC64
 U066
 U069
 U070
 U071
 U072
 U073
 U074
 L075
 U078
 U079
 U025
 U081
 U062
 U240
 U083
 U034
 UC8S
 HI 08
 u'086
 U087
 U088
 L'039
 J090
 U091
 U092
 U093
 U094
 U095
 U096
 U097
 U098
 1'099
 U101
 U102
 U103
 U105
 U108
 u:07
 0108
 U109
 U110
 um
 UM1
 U174
 U155
 U067
 UU76
 U077
 U131
 U024
  U117
 U025

  U208
  U209
  U218
  IC27
                    Chtomaonaane
                    Chlorooenzene
                    p-Chkxc-m-crasol
                    t -CWon>2.3-«poxyprop«ne
                    2-CMoroetnyl vinyl ether
                    GnfOrOlUflll
                    Ctikxomelriyt methyl ether
                    beu-CMoronapntnaiene
                    o-Oilorophenol
  494-03-1
  108-90-7
   59-50-7
  106-99-8
  110-75-6
   67-66-3
  107-30-2 I
   91-S8-* |
   95-57-8 j

13765-19-0 I Chromic add. calcium salt
  218-01-9 I Chrysene
 9021-39-4 i Creosote
 1319-77-3 i Cresots (Cresylic acid)
 4170-30-3  CrotonaMenyde
          i Cumene (I)
          I Cyanogen bromide
          : ZS-Cydoneudiene-i. i-oiooe
          I Cyclonexane (I)
           Cydonexanone (I)
            l.3-Cydoo«ntadiene. t,2,3.4.5.5-ne«achloro-
           Cydophospnamide
          ' 2.4-0. salts and esters
           Oaunomycm
            96-62-8
           506-68-3
           106-51-4
           t10-62-7 I
           108-94-1
            77-47-4
            50-18-0
           i 94-75-7
         20830-81-3
            72-54-8 i ODD
            50-29-3  OOT
          2303-16-1
            53-70-3
            Oiailate
            Oibenx(a.h lantnracene
                     OicniorodrHuoromemane
                     1.1-OicMaroeinylene
                     1.2-Oicnioroetriyiene
                     Oicnxxoethyi ether
  189-55-9 ' Oioenzo(a.i]pyrene
   96-12-8 I 1.2.OiOromo-3-cnlOTOprooane
   84-74-2  Oibuiyl pmnaiaie
   95-50-1  o-Oicntorooeroene
  541-73-1 ; nvOicrDoroCwnzene
  106-46-7 j p-OefHorobemene
   91-94-1  3.3'-Oicniorooenzidin«
  764-41-0
   75-71-6
   75-35-4
  156-60-5 |
  111-44-1 '
  120-63-2 i
   87-65-0 !
  1 94-75-7 I
   78-67-5 i
  542-75-6 i
  1464-53-5 i
  123-91-1 I
  1615-80-1 '
  3238-58-2
   34-66-2
   56-53-1
   94-58-8
  119-90-4
                     2.6-OicWoroonenoi
                     2.4-Oienloropneno«yaceflc aoo. salts and esters
                     1,3-Qchloroprooene
                     1,2:3.4-Oieooiybuiane (I.T)
                     N.N-OMtnyinyarazine
                     0 O-Oiethyl-S-memyi-ditfnooriosonate
                     0>Atnyl dhmaiata
                     OiethyistilbMtrol
                     Oihydrosafrole
                     3.3'-Oimetho>ryO«nzidine
                     Oimetnylamme (I)
                     On'ieUiylammoazofiefizene
                     7 12-0ime
             Ethane, t.r-o«ybis-(I)
             Ethane. t.r^«vo.«(2-cntofO-
             e thane, pentachioro-
             Ethane, 1. t. 1.2-iotrachioro-
             Ethane. 1,1.2.2-terracWofo-
             Ethanetrnoamde
                                                                              -  Page  6   of  15

-------
RCRA REVISION CHECKLIST 29:  Corrections to Listing of Commercial Chemical
             Products and Appendix VIII Constituents (continued)
FEDERAL REQUIREMENT RCRA CITE , STATE AUTHORITY IF DIFFERENT FROM FEDERAL

STATUTE REGULATION REQUIREMENT, EXPLAIN

H«-
arooi'S Chemical
wa^ia abstracts No.
NO.
U.:39
-N-™troso-

- . -.



Hyorarw uno-O)t»trmyaroi
MattttavWi dicfiloradrfluon>>
MMtlVW, 000-
MtMhaM, wrachtoro-
MaMhaWWtMOt (l,"0
M*vtft(VML tntifovno* »
MaKhan**, tnctrkjfQ-
MaMn«vM^ tnclilorofluofl^
                        August  6,  1986  -  Page  7  of  15

-------
RCRA REVISION CHECKLIST 29:   Corrections to Listing of Commercial
             Products and Appendix VIII Constituents (continued)
Chemical
FEDERAL REQUIRE
Haz-
ardou* Owmeal
wow atanctir4a
U1S4 87-56-1
U1SS 91-80-5
U142 143-50-0
U247 72-43-6
U154 87-55-1
U029 74-83-9
U186 504-60-9
U04S 74-87-3
U158 79-22-1
U226 71-55-6
U157 56-40-6
U158 101-14-4
U068 74-98-3
U080 75-09-2
U1S9 78-93-3
U160 1338-23-4
U138 74-88-*
U181 108-10-1
U162 30-62-6
U183 70-25-7
U16I 108-10-1
U164 58-04-2
U010 50-07-7
U059 20830-81-3
U165 3I-2O-3
U047 91-58-7
U168 130-15-4
U238 72-57-1
U166 130-1S-*
U187 134-32-7
U168 91-59-8
U028 494-03-1
U187 134-32-7
U168 91-59-6
U217 10102-45-t
U169 98-95-3
U170 100-02-7
U171 79-48-9
U172 924-18-3
U173 1118-54-7
U174 55-18-S
0178 759-73-9
U177 684-93-5
0178 815-53-2
0179 100-75-*
0180 930-55-2
0181 | 39-55-8
U193 1120-71-*
0058 50-18-0
0115 75-21-8
0126 765-34-*
U041 106-39-8
0182 123-«3-7
U183 808-93-5
0184 78-O1-7
U185 82-68-8
0242 87-86-5
0188 504-60-9
0187 82-14-2
U188 108-95-2
0048 95-57-8
0039 59-50-7
U081 12O-83-2
UO82 87-SS-O
U089 56-53-1
U101 105-67-8
UOS2 1319-77-3
U132 70-30-4
0170 100-02-7
U242 37-86-6
0212 S8-90-2
0230 95-94-i
0231 38-06-2
0150 148-82-3
01 45 7448-27-7
U087 3288-58-2
U189 103-95-2
0190 85-*4-9
0191 109-06-8
0179 100-75-4
0192 23950-58-5
U194 107-10-8
0111 621-64.7
0110 142-84.7
0086 90-12-8
U149 109-77-3
MPWT , RCRA CITE STATE Al
STATUTE |
JTHOR 1 TY I IF DIFFERENT FROM FEDER^
REGULATION REQUIREMENT. EXPLAIN ™
Sutttinc*
MwnanoKI)
1.3.4 M«tHano-2H-cydotiut»Xcdlpantal«i»2-on«. 1.1a.3,3a.4,5,5.5a.5b.frdina
< M«OTvt-2-o»mjnon« (I)
M*ttiynnnuraal
MHomycmC
5. 1 2-Naontnacanadiorw. |8S-asM-ac«yl- 1 0-((3-amno.2.3.6-tndaoxy)-aloh«-L--(oiuiainfl
i 2-Oxamioian». 2.2-aioxia*
2H-1,3_2-O««zaono«on-> 2-onda
Quran* (l.T)
OurarwcaieoxyaiaariycM
Oxran*. (onoromemyt)-
ParaUa«iywnadiyt)bi*-. (E)-
PtiBOot 2.4^Mrwiny«-
Pn^ool, in^oiyi*
Ptwnol. 2.2'^wmYi8n«O«(3.4.S-(ncnlofO-
P^afXN. 4-mlfo-
Phenol, pentacnloro-
Phenol, 2.3.4.6-tetracnioro-
PheooC 2.4,5-tncnkxo-
Phenol. 2.4.8-tncn(oro-
L-Pn»ov«aian(o«. 4-(bol2-cnlonwrfp»ranoayl)oxv]-7 3,9.10-iaira»iyclro-6 8.1 1-inhyaroxv-i-metfioxy-
-ammo-t-fivdroKV)-. tatraaodum sail
8 of 15
                i

-------
 RCRA  REVISION CHECKLIST 29:   Corrections  to Listing of  Commercial Chemical
               Products  and Appendix VIII Constituents  (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
Haz-
ardous
waste
No.
U171
U027
U193
SJ23S -
U140
U002
UOB4
U152
U007
U243
U009
U008
U113
U118
U162
U233
U194
U083
U148
U196
U19t
U237
U164
U180
U200
U201
U202
U203
U204
U204
0205
U015
I! 233
U206
U103
U189
U232
U207
U208
J209
i i5in
U*i ivJ
J212
U213
U214
U215
'J216
J217
U218
UI53
U244
'J219
U244 '
U220
U221
U223 '
U328 ;
U353
U222
U011
U226 ,
U227 !
U223
'JI21 ;
'J230 ,
U231 I
U234
J182
U235 <
U236
U237
'J17?
U177
'J043
U248 l
0233
U200 i
U249 i
Owrncal
easiness No.
79-UJ-9
39838-32-9
1120-71-4
128-72-7
78-83-1
67-64-1
542-75-6
128-98-7
7Q/M-1
f I*— ^^>»1
1888-71-7
iHT 11_1
TU/**IJ«"' t
79-10-7
140-38-5
97-«3-2
30-66-2
93-72-1
107-10-6
78-87-5
123-33-1
110-88-1
109-06-9
66-75-1
58-04-2
930-55-2
50-55-5
108-46-3
81-07-2
94-59-7
7783-00-8
7783-00-6
7446-34-6
115-02-6
93-72-1
18883-66-4
77-78-1
:314-«0-3 ,
93-76-5
95-94-3 1
630-20-6
79-34-5 1
1 97 "* J
'i/-ia— *
S8-90-2
109-99-9 '
15843-14-8 :
6533-73-9 1
7791-12-0 '
'0102-15-1 ,
62-55-5 ,
74-93-1 j
137-26-6 l
62-56-6 i
137-26-8 |
: 08-48-0
25378-45-6 ]
26471-62-5 i
95-53-4 i
106-49-0 1
536-21 -5 i
61-62-5 1
71-55-6 !
79-00-5
79-01-8
75-69-4
95-95-4 !
88-06-2 i
99-35-4
123-63-7 |
126-72-7 I
72-57-1 1
66-75-1 1
759-73-9 i
684-93-5
75-01-4 1
31-61-2 '
1330-20-7 ]
50-55-5 1
1314-64-7 i
Substance
Propane 2*ftttro* (t T)
Propane. 2.2*-oxyowC2-cnton>

t-Prooanot, 2,3-diOtomo-, pnoapnaM (3:1)
1-Propanot. 2-metnyi- (i.T)
2-Propanone (1)
1 'Propane, 1 3^icntOfO-

2-Proo*vwnrtrte, 2-metfiy*- (I.T) •
2-PropsnSfnd*

2'Prop«n«nitrri*9
2'Prop«noic VM (\)
Z rruumnjn. afflfj. atfiyi aster (I)
2'Propsnoc sod. 2-m«trtyi-. amyl ester
2-PTOpenoic add, 2-mettry*-. methyl esisr (I.T)
Pnxjowc aod. 2-{2.4.S^nctMoroon«noxyV
it PrnnuJniTeyiei /I T^
rvfrooyieWiwne \i. \ )

3,6-Pyndaafwdiooe, 1 .2-dinydro-

Pvrtrtiriei ? _i until ul_
'^n'tBne, t-mwnyi-
<,4( 1 M,jH)*^^flfTiiomodione. 5-tbis(2 cniwoottivOannool-

Pvrroiiatnm 1-oitro •3~Ol"ydr tnvi-Z-«*Qw>-
Poserpine
Resorcuwt
S^ccfiSftn and salts
S«itrof*i
jji^fiiom acid
Sefenum dtonde
Seternum suifid* (R.T)
l_-o*ooe, ijtszosceiatB (estert
S(v«w
S if eotozot oci n
Suitunc lod. dtmetfty* ester
SuJHjf o^osDriide tR)
2,4 S-T
1 ,2.4.5-TetracfitOfooenzene
1.1.1.2* retracfitoroetnarra
1 1 2.2-T6tracf*oroeifiane

Tetracnioroettryiene
234 6- Tctr jcn lor o pfienoi
Tairsnydrotursn jl)
Thatimmd) acetate
T^aitnjrn( 1 ) carOoostfl
TTialltum cnionfle
Thallium^!} nit'atd
TTi i oac 8 1 atriide
Ttiiomethanot (1 "0
TTitQ(j»3fQrydicA(t)Qatc uiamde, 'Qtramottvyi*
Thioufsa
TTitufarn

T anndue
Totuene dHsocyanate iR H

p*ToUndtne
(^•Toiuidtne nydrocnionde
1 H- 1 ,2. 4-TnazO*-3*4niioe
1 l 1 - Tnctiloroetfiane
t 1 2*TncfitorGdi^3ne

T^V^*^
2. 4. 5- Tncntorooneool
2 4 6-TttcfUQfoofieool
sym-TnrHfrooeozarw (^I.T)
1 3 S'Tnoxsjie 2 4 &'tnme*nv^
Trrs i2.3-ditxomooropyM pnosonate
Trypan Otiw
Uraol mustard
Urea. N-athyi-N-nttroso-
Ureti. r4-)netf) v* N-nitf oso-
Vinyt cfltonoe

werfann, wnoo preseni ai concantraoons of 0 3% or tess
Xyiene it)
YonirrrtMn-l6-caroox>(ic aad. M t7-cjirrwtrtoiry-id-C(3,4.S-[nmetr»oxyoem'oyiloxyJ-. metny) ester
Zinc pnosprxdtf. wnen present at concentrations ot to% or less

' CAS Numoer given lor parent compound only
                          August 6, 1986 - Page  9  of 15

-------
          RCRA  REVISION  CHECKLIST  29:    Corrections  to   Listing   of  Commercial   Chemical
                                 Products  and  Appendix   VIII  Constituents  (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM F'fl
REQUIREMENT, EXPLAIN
P
                                                      APPENDIX  VIII   TO  PART  261
HAZARDOUS   CONSTITUENTS
correct  specific
1istings	
Appendix   VIII
                               As listed now—
                                                                                                        Snouid be cnanqed to
Aldnn (t.2.3.4 10.!0-HexacnKxc-t.4 4a.5.a.8a.8b-fiexanydro-endo. axo-1.4-5.8-
  arretnanonapntnalene).                     •
5-IAmmomeinyi)-3-:soxazole <3(2H)-lsoxazolone. 5-ie>acnioroorooene (t -Prooene. i. T .2.3.3.3-ne»acnioro-l  	     	
*eoone (Oecacniorooctanydro-1 3.4-metnanc-«!H-cycioOuta(ca]-oentalene-2-one|	
2 Memyi-2-lrrwtnyiinio>prop>on3ioefiycie-o-    	
' :iueneoi4mine iCiaminoioluanei  	
'oiviene ?»socyanate (8enzat<«. i joiisoc/anaiorneirryu  	
Tncniorometnan«tnto<    	„			_	
: -i 5-TncniorapnwKnyacalic acid (2.4,S-'0  	_	_	
t.J 5-Tncnkxoon«no«vprooionic acid (2.4 s-JT Silvex)	
                                  Aldnn (1.2.3.4.10.10-H«xacnton>1.4.»a.5.3.aa-Jiaxanvoro-^nao.axo-l.4 5.B-
                                  4-AnnnooyncWn« (4-Cynamaminel Should 09 a saoarale usting- not comomad *ttn 5-
                                    (Amtnornetnvi)-3-azoie
                                  N.N'-Oiefflyiriydrazine IHydrazme, 1.2-dwmyi)
                                  CifOamtc aod. etnyl astar
                                  Glyadytaldanyae n •orooanoJ-2.3-»ooxv|
                                  HqiKniorQOuiadiena 1 1 3-3utadiene. ne>ai:nioro-)
                                  Heracnkxoatnane (Einane. hsiacnioro-i
                                  H««acnkxoorooen« (Propels, naxacnioro-i
                                  Keoone lOacacniorooctanydro-i 3.4-mamano-2H-cvcioouta(ca!-p«ntaiena-2-on«i
                                  Nitrooanzen*
                                  Nitrogen mustara H-o*a» ana nyarocnioncle sail (Etfianarnme. 2-MIHI-ovnmnimidoyitxs(N.N-dimetnyl- 	
-S-05-4
33-86-2
53-96-3
75-36-5
591-08-2
107-02-3

1402 -*8-2
116-06-3
30ft-10-2
107-18-S
107-35-1
20859-73-8
92-«7-l
27S3-96-4
504-24-5
6I-WJ2-5
7803-55-0
52-53-3
7440-36-0
•40-57-J
744O-38-Z
777R-33— *
1303-28-2
1327-53-3
492-80-3
                                                   August   6,   1986   -  Page  10  of  15

-------
RCRA REVISION CHECKLIST 29: -Corrections to Listing of Commercial Chemical
             Products and Appendix VIII Constituents (continued)
•ERAL REQUIREMENT
RCRA' CITE STATE AUTHORITY
STATUTE REGULATION

Common name

Banum And compounds. N O-S.1
Sanum cyanide 	

Benz£ a 1 anthracane

Benzene
Benzaneanontc acd.
3enzidira_
Cyc^w* 	 _ 	

Cyo^oondsodemd* »
2.4-Q, ^afts and ««4vra,...« — 	 - 	
Oaunomyw ...„ .... ,, ^.., 	 -r..-...,...,, , 	
n^"
DOF 	 	 , 	
nnr _.
niaHM.*.. 	 , , 	 „.,
rW-rnfa.hl.cr^rt. .,_ 	 _ 	 	
0»t*«fu(aj]acTidm%..... __— . 	 	 	

7M.rvTMmri> iirvnam1*
Chemical jOs tracts name


Same „. 	 	
Sa^ne 	 ~ 	
Same .... 	 	
Benzane, (dtditorometftyO- - 	
Sam* , . 	

[t T-Bipf^envij-4 4'Hjtamtne 	

Sam*












Q ^ bromo-4-oneno
S»rycVwd«n-tO-one 2,3-«tf>o«v


Cadmtum ... .. - 	 - 	 	 	

<^mm

CarOorec diHuonde 	 „ „ 	 „ 	 «-. 	 	 	 -

AcetakJenyOe. tnoxofo-







2 Maontnatenemn* N M4nst2-cfl4on>etfTytW
AcetaJdeoyde, cntonx . «„„ .. . «.„ 	 „„_ 	 _. - 	 _ 	

Benzenamtne 4-cnton>
Benzone cft*on>
Bflrrzeneacvnc aod. 4-cn«on>atpn.H4ocntoro0neno)ty^- salts and eaiera

(nnydf Oxy* t •metnoiiy*.



Sanw
Seme 	
Sam* 	 _ _ 	 _ .... , ___,.,, .,—.,,. .....
Same 	 _ 	 	 	 	 	 „ 	
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

Chemtca*
aostracts No
	 115-02-6
	 	 7440-39-3
	 .| 542-62-1
	 225-51-*
...» ...I 56-55-3
	 99-87-3
_.| 71-43-2
„ . 	 	 j 98-05-5
	 , 92-37-5
	 J 205-99-2
	 ^ 205-82-3
	 50-32-8
	 j 106-51^i
„ _ 	 „ 	 ! 98-07-7
	 100-44-7
744Q-41-7
111-91-1
t H-44-4
	 39638-32-9
.. ..! 542-88-^

_ 	 ; 598-31-2
_ 	 	 	 1 75-25-2
_ _ .... _ 	 4 101-55-3
. _ ... 	 	 _.. 357-57-3
	 _ 	 35-68-7
	 75-3-9
_ _ 	 _.. ...j 13765-19-0
	 ., 592-01-*
	 . 	 _j 75-15-0
	 1 3S3-5O-4
_ 	 __ _ 	 	 I 5S-23-5
,, , 	 , ,., _| 75-a7-«
j 305-03-3
' 57-74-8
1

1


	 j 494- 03- 1
„ 	 	 .... 107-20-0
	 t
, 	 | ios-47-a
i infl-jn-7

S9-SO-:'
	 _ 	 | '06-*9-a
llQ-?5-»
	 	 	 	 	 S7-<=S-]
, 107-30-2
<31-53-7
	 ; 9S-57-5
	 	 	 	 	 	 _ 	 , 534*-«2-1
	 	 ' 126-S9-S
J 54J-78- 7
	 	 	 _ 	 	 	 .j 744Q-47-3
	 _ 	 _ 	 ; 219-01-9
fiTUl-f -a
._ 	 _. 	 1 3005-*S-2
CA4.Q2-7
_ ... _ .', 8001-58-9
1319-77-3
.... ,.. ,, ... 	 	 	 . ; 417IVM-3

1
j 460- < 9-5
	 	 . 	 „ 506-3S-3
t W*-7?^

1 131-^9-5

04-75-7
«yj-7.8.9.10-t«rany
-------
          RCRA  REVISION  CHECKLIST  29:    Corrections  to   Listing  of  Commercial  Chemical
                                 Products  and  Appendix  VIII  Constituents  (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEBaai.
REQUIREMENT, EXPLAIN^^
           Common narn*
                                                                             Chemical aoatracta nam*
                                                                                                                                             Chemical
                                                                                                                                           aosuactj NO
0tMnzo(a.n]pvr«n«_
OOeraotajlpyrena!._

OiouiyiomnaiaM  	_
^-Otcworotjw IZOI'M —
-i-OT.ixiraMnara	
        Napmno(i.2.3.4-d«<]cfirYs«««..	
	| 0*emo(b.de«lcnry«ena'	_..-	-	
       ; SanzoCratlpantaonan*	
 	| Prooan*. i.2-<«xomo3-cnton)	
        i 2-9«nz*mdiC3it]o*y*c acxt cuouryi OTIBC
        8«aen». 1,2-dicnloro-		
        Bannn*. 1.3-dcfKoro-			

Otafliorooanten*. N.O.S. -
                                 — Sanzena. cUcnkxo..
i 4-Cic«oro-2-e>utan«
Qicnioioatltyian*. N.O.3.
                                     Etnan*. 1,2-dKttoio-. (£>-..
                                     OicMonMtnyMw..
OicnlareonanyiarwM	
OicMoropropan*. N.O.S.'
Ocrtoropropanoi. N.O.S.1
Oicraaraonxwn*. N.O.S.1
1.3
OMMm...
                                           , t.1-dicNoro-
                                     Ananouc JicMondflk
                                     Prooaiw. dictnoro- ..
                                     P'QOflnot, diclito'^ .
                                     1
                                     i-Pnxi«o» 1.3-aeJuoro-..
                                   ... 2.7 3.8-Otm«ff>«no»«ontfi(2.3-e)}omn». 3.4.S.a.9.9^wMcniofo-.
 1,4 OMtnytanaoad*	, t.4 Oioun*.	
 M.N*-Oi»inyiliyOimii«	j Mydrezm. 1.2-Owny*-.
 O.O-Owcny< S^nwhyMnnoononnaM	1 Ptxaonoroam»cxc iod. Q.O-dwtnyt SHnwhyi mnr..
OnmyWMwro oo«
                                    . Phosooonc add cuxtiyl «iKnumanyi m«r	
  tMnzyi alcohol.
                                    { (--|-i.2-3«nr«n«dioi. 4^t-tiydRny.2-(ni«nyMinno)«nyl)-...
                                   «.i Pftoso^ovotluondft Aod, bis^l^rwtf^^stftyi) ostar..,
                                         inonxMMXc «od. O.O-amMfryi S-12-...
 o«TM(nv<<>nmM«.7t)an.7ia, aadkim «•
                                                   August  6,   1986  -  Page   12   of  15

-------
          RCRA REVISION  CHECKLIST  29:    Corrections  to  Listing  of  Commercial   Chemical
                              Products   and  Appendix  VIII  Constituents  (continued)
PJERAL REQUIREMENT
RCRA CITE.
STATE
STATUTE

AUTHOR 1 TY
REGULAT 1 ON
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

           Common name
                                                                       ChOTKal *a««cnidroxv-2-('-m»ino»veniy()-3-meirty(.i-oxoouloxv)rn«nv()
   yl

  74-90-4
7864-39-3
7783-06-4
 193-39-5
9004-66-4
  79-33-1
 143-50-1
 303-34-4
                                              August  6,  1986  -  Page  13  of  15

-------
      RCRA REVISION CHECKLIST  29:  Corrections to  Listing  of Commercial  Chemical  '
                     Products and Appendix VIII  Constituents  (continued)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE

Common nama
REGULAT 1 ON
IF DIFFERENT
REQUIREMENT,
EXP^W

Chan-cal abstracts nama
; ChemicT
1 aostracts Nc
                                                                                              56-57-5
Tefranffomatnana		
Thallium and compound.. N.O.S
ThaHie aada,
Thaaun (I)
Thallium (I)
Thallium (I) cm
                                 August  6, 1986  - Page  14 of  15

-------
RCRA REVISION CHECKLIST 29:  Corrections to Listing of Commercial Chemical
             Products and Appendix VIII Constituents (continued)
MERAL REQUIREMENT

Goflunon nwnv
Tha*um (1) nvmtt 	
T»^~" O —*l*f 	 ,,,
Thintann-
ThuinattiaiKH 	 -___
TNOBMM 	
Th»am 	 ... ...
Toluane 	
Totuanao-moa 	
3.4.T. pOMonat* (3:1) 	 	
2.7-NaonaiaMndauHomc acid. 3. 3'-C(3.3'-dimatl
	 . . . 
-------
                                                   OSWER DIRECTIVE #9540.00-9
                                RCRA REVISION CHECKLIST 30
                               Biennial Report  Correction
                                       51 FR 28556
                                      August 8, 1986
FEDERAL REQUIREMENT
 RCRA CITE
STATE AUTHORITY
                                      STATUTE   REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                    PART  264 -  STANDARDS FOR OWNERS AND OPERATORS OF
                                 TREATMENT, STORAGE AND DISPOSAL FACILITIES
                    SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
Biennial Report
Reduce volume and
toxicity	
Changes in volume
and toxicity	
Certification
264.75(h)
264.75(1)
264.75(j)
                    PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS
                               OF TREATMENT, STORAGE AND DISPOSAL FACILITIES
                    SUBPART E --MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
Biennial Report
Reduce volume and
toxicity
Changes to volume
and toxicity
Certification
265.75(h)
265.75(i)
265.75(j)



                               August 8,  1986 - Page 1 of 1

-------
                                                OSWER DIRECTIVE #9540.00-9

                            RCRA REVISION CHECKLIST 31

                            Exports of Hazardous Waste
                                51 FR 28664 - 28686
                                  August 8, 1986
FEDERAL REQUIREMENT
RCRA CITE .
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SPECIAL NOTES:   (1)  States cannot assume the authority to receive "Notifications
of Intent to Export."  In addition, States are not authorized to transmit such
information to  foreign countries through the Department of State or to transmit
"Acknowledgments of Consent" (see page 28678 for further clarification).   (2)
Hazardous waste, identified or listed by the State as part of its authorized
program which are broader in scope (not in the Federal  universe), will not be
subject to the  export regulations.	

             PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT
  SMALL QUANTITY GENERATORS
U.S. location of
treatment or disposal
U.S. location of
treatment or disposal
261.5(f)(3)
261.5(g)(3)




REQUIREMENTS FOR RECYCLABLE MATERIALS
export of industrial
ethyl alcohol	
261.6(a)(3)(i)
         PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
                      SUBPART D - RECORDKEEPING AND REPORTING
BIENNIAL REPORT
applicable to U.S.
shipments
information on
'U.S. sites
transporters used
for U.S. shipments
description and qty
of U.S. shipments
separate annual
report for exports
262.41(a)
262.41(a)(3)
262.41(a)(4)
262.41(a)(5)
262. 41(b)










                           August 8,  1986 - Page 1 of 4

-------
        RCRA REVISION CHECKLIST 31:   Exports of Hazardous Waste (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDER^
REQUIREMENT, EXPLAIN ^
                      SUBPART E - EXPORTS OF HAZARDOUS WASTE
APPLICABILITY
establishes
appl icability

262.50




DEFINITIONS
"consignee"
"EPA Acknowledgment
of Consent"
"primary exporter"
"receiving country"
"transit country"
262.51
262.51
262.51
262.51
262.51










GENERAL REQUIREMENTS
notification
consent of
receiving country
EPA Acknowledgment
of Consent
conformation
to terms
262.52(a)
262.52(b)
262.52(c)
262.52(d)








NOTIFICATION OF INTENT TO EXPORT
contents of
notification
office to
notify
changes in original
notification
additional
information
EPA notification
to receiving and
transit countries
EPA notification to
primary exporter
262.53(a)
262.53(b)
262.53(c)
262.53(d).
262.53(e)
262.53(f)












SPECIAL MANIFEST REQUIREMENTS
consignee
262.54(a)
                           August 8, 1986 - Page 2 of 4

-------
        RCRA REVISION CHECKLIST 31:   Exports of Hazardous Waste (continued)
FEDERAL REQUIREMENT
alternate consignee
point of departure
item 16 of
manifest
obtaining manifest
acknowledgment of
receipt by consi-gnee
procedures when
unable to deliver
copy of
Consent
manifest copy to
Customs Official
at Border
EXCEPTION REPORTS
manifest within
45 days
confirmation
within 90 days
returned waste
RCRA CITE
262.54(b)
262.54(c)
262.54(d)
262.54(e)
262.54(f)
262.54(g)
262.54(h)
262.54(i)

262.55(a)
262.55(b)
262.55(c)
STATE AUTHORITY
STATUTE | REGULATION












IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN












ANNUAL REPORTS
contents
office
filed with
262.56(a)
262.56(b)




RECORDKEEPING
length to
keep records
retention period
extension
262.57(a)
262.57(b)




INTERNATIONAL AGREEMENTS
new section
reserved
262.58


                      SUBPART F - IMPORTS OF HAZARDOUS WASTE
IMPORTS OF HAZARDOUS- WASTE
applicability
262.60(a)
                           August 8, 1986 - Page 3 of 4

-------
        RCRA REVISION  CHECKLIST 31:   Exports  of Hazardous  Waste (continued)
             SUBPART F -  IMPORTS OF  HAZARDOUS WASTE
FEDERAL REQUIREMENT
manifest
requirements
obtaining manifest
RCRA CITE
262.60(b)
262.60(c)
STATE AUTHORITY
STATUTE REGULATION


IF DIFFERENT FROM FEDEfB
REQUIREMENT, EXPLAIN ^


                       SUBPART G - FARMERS
FARMERS
provisions for
variance
262.70


                      APPENDIX TO PART 262
UNIFORM HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS
  (EPA Forms 8700-22 and 8700-22A)	
uniform manifest
instructions8700-22
APPENDIX
                     PART 263 -  TRANSPORTERS
SUBPART B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING
THE MANIFEST SYSTEM
conditions for
accepting
exported waste
EPA Acknowledgment
of Consent
variance for
water transporters
variance for
rail transporters
copy to generator
copy to Custom
official
263.20(a)
263.20(c)
263.20(e)(2)
263.20(f)(2)
263.20(g)(3)
263.20(g)(4)












                           August 8, 1986 - Page 4 of 4

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                                            OSWER DIRECTIVE #9540.00-9

                        RCRA REVISION CHECKLIST 32

       Standards for Generators — Waste Minimization Certifications
                            51 FR 55190 - 55194
                              October 1, 1986
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                     PART 262 - GENERATOR REQUIREMENTS
                                 APPENDIX
UNIFORM HAZARDOUS WASTE MANIFEST
generator's certi-
fication (item 16)
APPENDIX


see attachment (2 pages)  for new form
uniform manifest
instructions
8700-22


                       October 1,  1986 -  Page 1 of 3

-------
         Federal Register / Vol. 51. No. 190 / Wednesday, October 1, 1986 / Rules and Regulations     35193
Please print or type. If arm designed lor use on elite (12-pitchl typewriter 1





G
E
N
f
A
T
O
R
T
R
A
H
S
P
O
R
T
E
R
f
A
C
1
I
T
Y
UNIFORM HAZARDOUS
WASTE MANIFEST
3. Generator s Name and Mailing AtJdress
4 Generator's Phone ( I
5. Transporter 1 Company Name
7 Transporter 2 Company Name
form Approved. QMB No 2O5O-OO39 Expires 9-3O-88
1 Generator s US EPA IO No. Manifest
Document No.
1 I 1 1 1 1 1 1 1 1 1 1 II

6.
t 1
8.
1 1
9. Designated Facility Name and Sue Address 10.
1 1
US EPA 10 Number
1 1 J 1 1 1 II
US EPA IO Number
1 1 1 1 1 ! II
US EPA 10 Number
1 1 1 1 1 1 II
1 2. Com.
1 1 . US DOT Description /Including Proper Shipping Name. Heard Class, and ID Number 1
No.
a.
1 I
b.
c.
d.



J Additional Description* for Material* U«ed Above
V „ ,
1 1
1 1
1 1
: y"--'-.-'t/..V.:'V ••
2. Page 1 Information in the shaded areas
is not required by Federal
o< law
A Sime Manifest Document Number .
8. State Generator s IO
C. Stale Transporter s IO
0 Transporter's Phone
E. State Transporter s IO
F Transporter s Phone
G. State Facility s IO
H. Facility's Phone
liners 13. 14
Total Unit i 1
Type Quantity Wt/Vo| Waste No
1 1 1 1
[III
I 1 1 1 i
r
i i i i i
K. Handling Codes lor Wastes Listed Above ..
15. Special Handling Instruction* and Additional information
1 6. GENERATOR'S CERTIFICATION: 1 hereby declare that the contents of this consignment aie fully and accurately described above by
proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway
according to applicable international and national government regulations
H 1 am a large quantity generator, t certify that 1 have a program in place to reduce the volume and toxicny of waste generated to the degree I have determined to De
economically practicable and that t have selected the practicable method of treatment, storage, or disposal currently available to me wnicn minimises me present ano
future threat to human health and the environment: OR. if 1 am a small quantity generator t have made a good faith effort to minimize my waste generation and select
the best waste management method that is available to me and that 1 can afford
Primad/ Typed Name
Signature Month Oay Year
1 I 1 ' 1
1 7 Transporter 1 Acknowledgement of Receipt of Materials
Printed/Typed Name
Signature Month Day Year
1 I 1 1 1 '
18. Transporter 2 Acknowledgement at Receipt of Materials
Printed/Typed Name
Sign*tur« Month Day Year
i i i i i •
1 9 Discrepancy Indication Space
20 Facility Owner or Operator Certification of receipt of hazardous materials covered by this manifest aiceot as noted n item 19
Printed/Typed Name
Signature Month Day Year
1 ' 1 ' 1 '
•
1




EPA Form 87OO-22 (Rev. 9-86) Previous editions are obsolete.
                                   October  1, 1986  -  Page 2  of  3

-------
35194     Federal Register /  Vol. 51. No. 190 / Wednesday, October 1.1986 / Rules and Regulations
Please print or type. (Form designed for use on elite (1 2-pilch) typewriter ) Form Approved. OMB No. 205O-0039. Expires 9-30-88
I
1
G
E
IM
a
R
A
T
O
|
T
R
A
n
s
p
0
R
T
E
R
f
L
1
T
UNIFORM HAZARDOUS
WASTE MANIFEST
t (Continuation Sheetl
P&3. Generator's Name
24. Transporter Company Name

26. Transporter Company Name

21 . Generator s US EPA ID No. Manifest
I Document No.

i

25.
1
27.
1
US EPA ID Number
US EPA ID Number
22. Page
Information in the shaded
area* is not required by Federal
law.
L State Manifest Document Number
M. State Generator's ID
M. State Transporter's ID
0. Transporter's Phone
P. State Transporter's ID
	 Id. Transporter's Phone
28. US DOT Description /Including Proper Shipping Name. Hazard Class, and ID Number)
a.
b.
c.
d.
a.
f.
9-
h.
i.
29. Coma
Nn









S. Additional Descriptions for Materials Ljsted Above . ... ' ' .'.".'
inert
Tvnfl









30.
Total




-




31.
Unit
/Vt/Vo









R.
Wane No.









T. Handling Codes for Wastes Listed Above
32. Special Handling Instructions and Additional Information
33. Transporter Acknowledgement of Receipt of Materials
Printed/Typed Name

Signature
Receipt of Materials
Printed/Typed Name
35. Discrepancy Indication Space
Signature
Date
Montfl Off Y**r
II
Date
Monti Otr rw
1 1

EPA Form 8700-22A (Rev. 9-86) Previous edition is obsolete.
 [FR Doc. 86-22033 Filed9-30-W: 8:45 am)             October  1,  1986 -  Page  3 Of 3

-------
                                            OSWER DIRECTIVE #9540.00-9
                        RCRA REVISION CHECKLIST 33

                              Listing of EBDC
                             51 FR 37725-37729
                             October 24, 1986
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
         PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTES
                   SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTES FROM SPECIFIC SOURCES
list of
"K" wastes
261.32
•

261.32 Hazardous wastes from specific sources
Industry & EPA
Hazardous Waste No.
Hazardous Waste
Hazard
 Code
Pesticides:
K123	Process wastewater (including supernates,          (T)
                  filtrates and washwaters)  from the production
                  of ethylenebisdithiocarbamic acid and its salt.
K124	Reactor vent scrubber water from the production     (C,T)
                  of ethylenebisdithiocarbamic acid and its salts.
K125	Filtration,  evaporation, and centrifugation        (T)
                  solids from  the production of ethylene-
                  bisdithiocarbamic acid and its salts.
K126	Baghouse dust and floorsweepings in milling        (T)
                  and packaging operations from the production
                  or formulation of ethylenebisdithiocarbamic
                  acid and its salts.
                         APPENDIX III  TO PART 261
CHEMICAL ANALYSIS TEST METHODS
add constituents
to Table 1
Appendix III


    Compound
                            Method No,
  Ethylene thiourea	8250,8330
                      October 24,  1986  - Page 1  of 2

-------
           RCRA REVISION CHECKLIST:  Listing of EBDC (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
                         APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add
constituents
Appendix VII



EPA Hazardous
Waste No.
 Hazardous  constituents  for
 which  listed
K123.
K124.
K125.
K126,
.Ethylene  thiourea
.Ethylene  thiourea
.Ethylene  thiourea
.Ethylene  thiourea
                      October 24, 1986 - Page 2 of 2

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                                             OSWER DIRECTIVE  #9540.00-9
                            RCRA REVISION CHECKLIST 34

                            Land Disposal Restrictions
                                 51  FR 40572-40654
                                 November 7, 1986
                      as  amended on June 4, 1987 52 FR 21010
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
                                           STATUTE'   REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
NOTE:  The Administrator  of  EPA  is  responsible for granting  national  variances for
the effecti-ve date of  land disposal  prohibitions.  The procedures  for granting the
case-by-case extensions are  in 40  CFR §268.5.  Since the granting  of  these
variances is based on  national concerns, States cannot be authorized  for this
aspect of the program.	

              PART 260  -  HAZARDOUS  WASTE MANAGEMENT SYSTEM:  GENERAL
                                SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
insert
"and 268"
insert
"and 268"
insert
"and 268"
insert
"and 268"
insert
"and 268"
260. 1U)
260.1(b)(l)
260.1(b)(2)
260.1(b)(3)
260.1(b)(4)










AVAILABILITY OF  INFORMATION;  CONFIDENTIALITY OF INFORMATION
insert
"and .268"
insert
"and 268"
260. 2(a)
260. 2(b)




USE OF NUMBER AND GENDER
insert
"and 268"
260.3


                               SUBPART B - DEFINITIONS
DEFINITIONS
insert
"and 268"
260.10


                           November  7,  1986 - Page 1 of 12

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       RCRA REVISION CHECKLIST 34:   Land Disposal  Restrictions (continued;
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDER^
REQUIREMENT, EXPLAIN U
                         SUBPART C - RULEMAKING PETITIONS
GENERAL
t insert
"and 268"
260.20(a)


             PART 261  - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                               SUBPART A - GENERAL
PURPOSE AND SCOPE
insert
"268,"
insert
",268"
261. l(a)
261.1(a)(l)




EXCLUSIONS
insert
"268,"
remove "267"
insert "268"
261. 4(c)
261.4(d)(l)



1
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY
  EXEMPT SMALL QUANTITY GENERATORS
insert
",268,"
insert
",268,"
insert
",268,"
insert
",268,"
insert
",268,"
261. 5(b)
261. 5(c)
261. 5(e)
261.5(f)(2)
261.5(g)(2)










REQUIREMENTS FOR RECYCLABLE MATERIALS
insert
"268,"
insert
"268,"
261.6(a)(3)
261.6(c)(l)




RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
insert
"268,"
261.7(a)fl)(ii)


                          November 7, 1986 - Page 2 of 12

-------
       RCRA REVISION CHECKLIST 34:   Land Disposal Restrictions (continued)
FEDERAL REQUIREMENT
insert
"268,"
RCRA CITE
261.7(a)(2)(ii)
STATE AUTHORITY
STATUTE

REGULATION

IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN

                  SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE
GENERAL
insert
"268,"
                        261.20(b)
                      SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
insert
"268,"
                        261.30(0
         PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
                                SUBPART A - GENERAL
HAZARDOUS WASTE DETERMINATION
reference to
exclusions/
restrictions
262.11(d)


        PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
                                SUBPART A - GENERAL
TRANSFER FACILITY REQUIREMENTS
insert
 ,268'
II OCQH
                        263.12
    PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT
                          STORAGE AND DISPOSAL FACILITIES
                                SUBPART A - GENERAL
PURPOSE,  SCOPE AND APPLICABILITY
                          November 7,  1986  -  Page  3  of 12

-------
       RCRA REVISION CHECKLIST 34:   Land Disposal Restrictions (continued)
FEDERAL REQUIREMENT
facilities to which
(1) Part 264 applies
RCRA CITE
264. l(h)
STATE AUTHORITY
STATUTE | REGULATION

IF DIFFERENT FROM FEDEl^
REQUIREMENT, EXPLAIN •
^B
                      SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
insert
(1) "Part 268"
insert
"268.7"
exempted surface
impoundment plan
specifications
264.13(a)(l)
264.13(b)(6)
264.13(b)(7)






             SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
add "268. 4(a)"
and "268.7"
land disposal units
under an extension or
petition and notice
by generator under
§268.7(a)(3)
off-site treatment
facility
on-site treatment
facility^
off-site land
disposal facility
on-site land
(1) disposal facility
264.73(b)(3)
264.73(b)(10)
264.73(b)(ll)
264.73(b)(12)
264.73(b)(13)
264.73(b)(14)







(




     PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
                 WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
                                SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
facilities to which
Part 265 applies
265. l(e)


(1)  Also see technical correction to the rule at 52 FR 21010 (June 4, 1987).
                          November 7, 1986 - Page 4 of 12

-------
       RCRA REVISION CHECKLIST 34:   Land Disposal  Restrictions (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
                      SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
insert
"Part 268"
insert
"268.7"
exempt surface
impoundment plan
specifications
265.13(a)(l)
265.13(b)(6)
265.13(b)(7)






             SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
add "268. 4(a)"
and "268.7"
land disposal units
under an extension
or petition
off -site treatment
facility
on-site treatment
facility
off-site land
disposal facility
on-site land
disposal facility
265.73(b)(3)
265.73(b)(8)
265.73(b)(9)
265.73(b)(10)
265.73(b)(ll)
265.73(b)(12)












                       PART 268 - LAND DISPOSAL RESTRICTIONS
                                SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
purpose
applicability
t conditions for
continued land
disposal
.268. l(a)
268. l(b)
268. l(c)






                          November 7,  1986  - Page 5 of 12

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         RCRA REVISION CHECKLIST 34:   Land Disposal  Restrictions (continued)
FEDERAL REQUIREMENT
persons with
(1) an extension
persons with
(1) an exemption
CERCLA/corrective
(1) action
waste from small
quantity generators
<100 kg/mo as
(1) defined in 261.5
RCRA CITE
268.1(c)(l)
268.1(c)(2)
268.1(c)(3)
268.1(c)(4)
STATE AUTHORITY
STATUTE REGULATION




IF DIFFERENT FROM FED|^^
REQUIREMENT, EXPLAIN ^P




  DEFINITIONS APPLICABLE TO THIS PART
"hazardous
constituent or
constituents"
(1) "land disposal"
all other
terms
268. 2(a)
268. 2(a)
268. 2(b)






DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT
dilution not
substitute for
treatment
268.3

<
t TREATMENT SURFACE IMPOUNDMENT EXEMPTION
exempt treatment
(1) surface impoundments
treatment in
(1) impoundments
sampling, operating,
waste removal and
waste handling
procedures
design requirements/
(1) exemptions
exempt under
264.221(d),(e) or
265. 221(c), (d)
(1) meets §3005(J)(2)
satisfies §3005(J)(11)
(1) no migration
written
(1) certification
268. 4(a)
268.4(a)(l)
268.4(a)(2)
268.4(a)(3)
268.4(a)(3)(i)
268.4(a)(3)(ii)
268.4(a)(3)(iii)
268.4(a)(4)
















  (1)  Also see technical correction to the rule at 52 FR 21010 (June 4,- 1987)
                            November 7, 1986 - Page 6 of 12

-------
           RCRA  REVISION CHECKLIST  34:   Land Disposal  Restrictions  (continued)
    FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
                                                 STATUTE  |  REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
    PETITIONS  TO  ALLOW LAND DISPOSAL  OF A WASTE PROHIBITED UNDER
      SUBPART  C OF PART 268
demonstration of
no waste migration
identify specific
unit and waste
waste
analysis
comprehensive
characterization
demonstration
criteria
accurate and
reproducible
procedures
Administrator
approved
techniques
models verified
with actual data
quality assurance/
control plan
uncertainty
analysis
petition to
Administrator
signed
statement
additional
information
waste unit to which
petition appl ies
publ ic notice
term of
petition
requirements prior
to State's decision
responsibilities
under RCRA
268. 6(a)
268.6(a)(l)
268.6(a)(2)
268.6(a)(3)
268. 6(b)
268.6(b)(l)
268.6(b)(2)
268.6(b)(3)
268.6(b)(4)
268.6(b)(5)
268. 6(c)
268. 6(d) "
268. 6(e)
268. 6(f)
268. 6(g)
268. 6(h)
268.6(1)
268. 6(j)








-







•*







.











(1)
(1)
(1)
    WASTE ANALYSIS
    generator determines
    if restricted  waste
268.7(a)
         Also see  technical  correction  to  the rule at 52  FR  21010 (June 4,  1987)
                               November  7,  1986 - Page 7 of  12

-------
       RCRA  REVISION CHECKLIST 34:   Land Disposal  Restrictions  (continued)
FEDERAL REQUIREMENT
notice by generator
(1) to treatment facility
generator notice/
certification to
(1) disposal facility
information require-
ments in notice to
disposal facility
certification
(1) signature/statement
generator notice to
disposal facility for
wastes under exten-
(1) sion for variance
maintenance of data
supporting knowledge
(1) of waste
tests by treatment
facil ity for wastes
with treatment
(1) standards
notice by treatment
facility to land
disposal facility/
(1) information needed
certification of
(1) each shipment
wastes with
concentration
standards
wastes with
(1) technology standards
requirements for
land disposal
(1) facility
RCRA CITE
268.7(a)(l)(i-iv)
268.7(a)(2)
268.7(a)(2)(i)
268.7(a)(2)(ii)
268.7(a)(3)
268.7(a)(4)
268. 7(b)
268.7(b)(l)(i-iv)
268.7(b)(2)
268.7(b)(2)(i)
268.7(b)(2)(ii)
268. 7(c)
STATE AUTHORITY
STATUTE REGULATION


-









IF DIFFERENT FROM FEDE^t
REQUIREMENT, EXPLAIN ^1
^B






<




                     SUBPART  C  -'PROHIBITIONS  ON  LAND  DISPOSAL
WASTE SPECIFIC PROHIBITIONS - SOLVENT WASTES
prohibited spent
(1) solvent wastes
small quantity
generator 2-year
exemption
268.30(a)
268.30(a)(l)




(1)   Also see technical  correction  to  the  rule  at  52  FR  21010  (June  4,  1987).
                          November  7,  1986  -  Page  8  of  12

-------
       RCRA REVISION CHECKLIST 34:  Land Disposal Restrictions (continued)
fe FEDERAL REQUIREMENT
CERCLA/corrective
action 2-year
exemption'
concentration
specific exemption
(solvent waste with
1% total solvent
(1) constituent)
landfill/surface
impoundment disposal
situations where
(a) and (b) do
not apply
waste treated to
(1) meet Subpart D, 268
disposal at facility
with successful no-
(1) migration petition
wastes for which case-
by-case extension
(1) has been granted
RCRA CITE
268.30(a)(2)
268.30(a)(3)
268.30(b)
268.30(c)
268.30(c)(l)
268.30(c)(2)
268.30(c)(3)
STATE AUTHORITY
STATUTE | REGULATION







IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN







WASTE SPECIFIC PROHIBITION DIOXIN - CONTAINING WASTES
r prohibited dioxin
containing wastes in-
(1) eluding F022 wastes
situations where
(a) doesn 't apply
waste treated to
(1) meet Subpart D, 268
disposal at faci 1 ity
(1) with petition
(1) extension
landfill/surface
(1) impoundment disposal
268.31(a)
268.31(b)
268.31(b)(l)
268.31(b)(2)
268.31(b)(3)
268.31(c)












                          SUBPART D - TREATMENT STANDARDS
APPLICABILITY OF TREATMENT STANDARDS
applicability/
relationship
to prohibition
268.40


(1)  Also see technical  correction to the rule at 52 FR 21010 (June 4, 198?;
                          November 7,  1986 - Page 9 of 12

-------
         RCRA REVISION  CHECKLIST 34:   Land Disposal  Restrictions (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN ^
^
.TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
treatment standards/
(1) Table CCWE
standards for common
constituents in
combined wastes
268.41(a)
268. 41(b)




TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
waste treated
by identified
technologies
demonstrating
alternate treat-
ment method
268.42(a)
268.42(b)




TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS
section
reserved
268.43


t VARIANCE FROM A TREATMENT STANDARD
conditions for
variance
procedures in
accordance with
260.20
statement signed by
petitioner or author-
(1) ized representative
additional infor-
(1) mation/copies
publ ic
(1) notification
waste analysis
required of
(1) restricted wastes
requirements during
(1) petition review
268.44(a)
268.44(b)
268.44(c)
268.44(d)
268.44(e)
268.44(f)
268.44(g)








. !





                  SUBPART E - PROHIBITIONS ON STORAGE
PROHIBITIONS ON STORAGE OF RESTRICTED WASTES
exemptions to storage
prohibitions
268.50(a)


  (1)  Also see technical correction to the rule at 52 FR 21010 (June 4, 1987
                           November 7, 1986 - Page 10 of 12

-------
       RCRA REVISION CHECKLIST 34:  Land Disposal Restrictions  (continued)
^ FEDERAL REQUIREMENT
on-site storage
exemption for
(1) generator
treatment, storage,
and disposal
(1) facility exemption
(1) container labeling
(1) tank labeling
transporter
(1) exemption
storage up to
one year
storage longer
than one year
wastes affected
by a petition
(1) or exemption
wastes meeting
specified treat-
ment standards
RCRA CITE
268.50(a)(l)
268.50(a)(2)
268.50(a)(2)(i)
268.50(a)(2)(iij
268.50(a)(3)
268.50(b)
268.50(c)
268.50(d)
• 268.50(e)
STATE AUTHORITY
STATUTE REGULATION









IF DIFFERENT fROM FEDERAL
REQUIREMENT, EXPLAIN









                              APPENDIX I TO PART 268
TOXICITY
descripti
of TCLP
CHARACTERISTIC
on

LEACHING
APPENDIX
PROCEDURE
I
(TCLP
)


                              APPENDIX II TO PART 268
TREATMENT STANDARDS (AS CONCENTRATIONS IN THE TREATMENT RESIDUAL EXTRACT)
table
APPENDIX II
           PART 270 - EPA - ADMINISTERED PERMIT PROGRAMS; THE HAZARDOUS
                               WASTE PERMIT PROGRAM
                          SUBPART B - PERMIT APPLICATIONS
CONTENTS OF PART B:   GENERAL REQUIREMENTS
copy of notice of
approval  of petition
or extension
270.14(b)(21)
(1)  Also see technical  correction to the rule at 52 £R 21010 (June 4, 1987)

                         November 7, 1986 - Page 11 of 12

-------
       RCRA REVISION CHECKLIST 34:  Land Disposal Restrictions  (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULAT 1 ON
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN A
                           SUBPART C - PERMIT CONDITIONS
ESTABLISHING PERMIT CONDITIONS
insert
"through 268"
remove "267"
270.32(b)'(i:
                          SUBPART D - CHANGES TO PERMITS
MINOR MODIFICATIONS OF PERMITS
conditions for
treating non-
specified waste
prohibited from
disposal/treat-
ment standards
treatment under
standards/ variance
no increased or
substantially.
different risks
federal/state
approval ; allowable
modifications
270.42(o)
270.42(o)(l)
270.42(o)(2)
270.42(o)(3)
270.42(o)(4)










                         November 7, 1986 - Page 12 of 12

-------