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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
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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
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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
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(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
-------
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
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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
-------
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
-------
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
-------
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
-------
"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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
«
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
-------
(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
-------
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
-------
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
-------
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
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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
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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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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.
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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.
-------
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
-------
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
3.4-1
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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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
•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
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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
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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
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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
-------
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
-------
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
-------
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
-------
-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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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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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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(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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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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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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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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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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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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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. 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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).
•
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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)).
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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
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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
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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:
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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
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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.
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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.
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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.)
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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-
-------
(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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
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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
-------
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
-------
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
-------
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
-------
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
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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
-------
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
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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
-------
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
-------
(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
-------
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
-------
-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
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* 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
-------
•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
-------
• 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
-------
•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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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(
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
'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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
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s
p
0
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1
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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
-------
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
-------
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
-------
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
------- |