United States Office of Water & SW - 772
Environmental Protection Waste Management August 1979
Agency Washington DC 20460
Solid Waste
vvEPA Identification of Regions
and Agencies
for Solid Waste
Management
A Status Report
-------
IDENTIFICATION OF REGIONS AND AGENCIES
FOR SOLID WASTE MANAGEMENT
A Status Report
This report (SW772) was prepared by
David O'Brien and Arthur Glazer, State Programs
and Resource Recovery Division, Office of Solid
Waste.
U.S. ENVIRONMENTAL PROTECTION AGENCY
1979
-------
An environmental protection publication (SW772). in the
solid waste management series. Mention of commercial
products does not constitute endorsement by the U.S.
Government. Editing and technical content of this report
were the responsibilities of the State Programs and
Resource Recovery Division of the Office of Solid Waste.
Single copies of this publication are available from the
Solid Waste Information, U.S. Environmental Protection
Agency, Cincinnati, Ohio 45628.
-------
REGION/AGENCY ID REPORT
Table of Contents
Introduction
I. Background Information
A. Legislation 2
B. Regulations 3-4
C. Implementation 4-5
II. Identification of Regions
A. Summary of Procedures Used
1. Preliminary Identifications/Notify Local
Officials 6-7
2. Consultation With Local Officials 7-8
3. Promulgation of Regulations 8
B. Summary of Boundaries Identified in Each State 9-11
III. Joint Identification of Agencies
A. Summary of Procedures Used
1. Designation of a Lead Agency and Notifica-
tion of Interested Parties 12-13
2. Solicit Nominations 13-14
3. Hold Meetings, Develop Consensus Position 14
4. State Confirmations of Agreement 14-15
B. Summary of Agency Identifications 15-25
IV. Future State Actions
A. The identification of responsibilities
of State, regional and local authorities
in the implementation of the State plan 26-28
B. The identification of a system for distri-
buting Federal funds to the authorities
responsible for development and implementa-
tion of the State plan 28-29
C. The identification of the means for coor-
dinating regional planning and implementa-
tion under the State plan 29-30
-------
IDENTIFICATION OF REGIONS AND AGENCIES
FOR SOLID WASTE MANAGEMENT
Introduction
The purpose of the report is threefold:
(1) To provide the Office of Solid Waste of the United
States Environmental Protection Agency (EPA) with
a concise summary of the progress that has been
made by the States in completing the requirements
for identifying regions and agencies for solid
waste management under section 4006 of the Resource
Conservation and Recovery Act of 1976.
(2) To provide solid waste staffs in the EPA Regional
Offices with an insight into how their States
compare with the rest of the Nation in terms of
the status of identifications and the procedures
that have been used to make identifications.
(3) To provide a guidance document which will assist
the States in developing solid waste management
plans and which will assist the EPA Regional
Offices in reviewing these plans.
The report (1) shows the status of regional and agency
identifications in each State, (2) provides summaries of the
procedures that have been used to make identifications and
(3) discusses actions for the States to take to implement
the identifications that have been made and for making
further identifications.
Because the identification process is a dynamic process,
it is virtually impossible to guarantee that the Office of
Solid Waste has the latest "up to the minute" information
for every State in the Nation. This status report was
prepared based on information that was available as of
February 1979.
-------
I. BACKGROUND INFORMATION
A. Legislation
During passage of the Resource Conservation and
Recovery Act of 1976 (RCRA), Congress stated "the key to
coping with the ever-increasing volume of discarded materials
appears to be a regional approach to its disposal, (however)
few areas have achieved the necessary planning or coordination
to develop such an approach." ^
The intent of Congress to provide Federal support for
coordinated and accountable institutions to manage solid
waste is witnessed in the requirements of RCRA:
1. Section 4006 requires State and local govern-
ments to identify regions, agencies, and
responsibilities for solid waste management.
2. Section 4007 (b)(l) requires States to comply
with section 4006 in order to be eligible for
Federal grants under Subtitle D of RCRA.
3. Section 4008(c) allows distribution of section
4008 (a)(1) funds only to identified agencies.
4. Section 4003(1) requires that State solid
waste management plans must identify (a)
agencies and responsibilities, (b) a Federal
funds distribution system, and (c) the means
for substate coordination in order for the
plans to be approved by EPA.
Report on RCRA, House Committee on Interstate and Foreign
Commerce, September 9, 1976, p. 22.
-------
B. Regulations
The U.S. Environmental Protection Agency (EPA) has
published the following regulations which address regional
and agency identifications and responsibilities.
1. Interim Guidelines For The Identification of Regions
and Agencies For Solid Waste Management (ID Guidelines) were
published on May 16, 1977. The guidelines recommend pro-
cedures and criteria for the States to use in identifying
regions and agencies.
2. Guidelines For The Development And Implementation of
State Solid Waste Management Plans were published on July 31,
1979. Subpart B of these Guidelines requires the State plan
to identify: a) agencies and responsibilities for solid waste
management (including resource recovery and planning and
implementing hazardous waste disposal facilities), b) a Federal
funds distribution system, and c) the means for substate co-
ordination. The Guidelines also list a number of recommended
program areas for which States should make identifications.
3. Requirements For State Hazardous Waste Programs were
reproposed on June 14, 1979 as part of the consolidated
permit regulations covering hazardous waste and other programs.
Under this regulation States seeking authorization under
Subtitle C of the Act must identify a lead agency and describe
how activities will be coordinated if more than one agency
within a State has responsibility for administering the
State hazardous waste program.
-------
4. Financial Assistance For Resource Recovery Project
Development Under The President's Urban Policy was published
on October 17, 1978. This regulation announced the Presi-
dent's Urban Policy Program for resource conservation and
recovery activities and requested proposals from urban areas
needing financial assistance to help develop resource
conservation and recovery programs. Under this regulation
only the following agencies are eligible for financial
assistance: (a) agencies designated (or with an interim
designation) in accordance with section 4006 of RCRA to
implement the resource recovery aspects of the State Solid
Waste Management Plan or (b) agencies which have been
delegated the responsibility to implement resource recovery
projects (by the agencies so designated under section 4006) .
C. Implementation
Section 4006 (a) of RCRA requires the Governor of each
State to identify regional boundaries for solid waste manage-
ment within 180 days after publication of the ID Guidelines,
(November 12, 1977). The States actually completed these
identifications according to the following schedule and
many of the States not completing the identification of
regions in FY 77 were required to complete them in FY 78
as a condition of their RCRA grant.
A. By November 12, 1977 26 States
B. After November 12, 1977
11/12/77 - 11/30/77 11 States
12/1/77 - 12/31/77 4 States
1/1/78 - 3/31/78 4 States
-------
4/1/78 - 10/31/78 9 States
After 11/1/78 2 States
Section 4006(b) of RCRA requires the Governor of
each State to identify State and local agencies and
responsibilities within 180 days after regions are identi-
fied in the State, (May 11, 1978). The States completed
their first round of agency and responsibility identifi-
cations according to the following schedule:
A. By May 11, 1978 31 States
B. Between May 12, 1978 and August 11, 1978 16 States
C. After August 12, 1978 9 States
-------
II. IDENTIFICATION OF REGIONS
A. Summary of Procedures Used
Section 4006(a) of RCRA requires "the Governor of each
State, after consultation with local elected officials,
shall promulgate regulations...identifying the boundaries of
each area within the State which...is appropriate for carrying
out regional solid waste management." The ID Guidelines
recommend that States take the following three steps in
identifying regions:
(1) A preliminary identification of regions by the
Governor or his designee and a notification of
local officials of the identifications.
(2) Consultation with local officials.
(3) Promulgation of regulations to formalize the agreed
upon identifications.
In most States, the State Solid Waste Management Agency
administered these procedures under the Governor's direction.
The following three sections summarize the actual procedures
that were used by the States to complete the three recommended
steps in the ID Guidelines.
1. Preliminary Identifications/Notify Local Officials
In 49 States, the State Solid Waste Management Agency
developed the preliminary identifications of regions, or
at least a list of possible boundary options. In many cases
regional and local government associations in the State
were contacted before these preliminary identifications were
made, or the lists developed. In several States the
6
-------
Solid Waste Management Agency developed preliminary
identifications or boundary options as a part of task
force or work group efforts (usually including representa-
tives of local government).
After the Solid Waste Management Agency developed the
preliminary identifications the Governor, or the Solid Waste
Management Agency itself, notified local officials of the
identifications or boundary options. In most States this
was accomplished by a letter from the Governor's Office
or from the State Solid Waste Management Agency to all
local officials. In some States announcements were placed
in official State Notices or Bulletins, in local or
statewide newspapers, or in newsletters distributed to local
government associations.
Local officials were notified of the preliminary
identifications of regions, or possible boundary options,
in the following manner:
- A letter from the Governor or the
State Solid Waste Management Agency 40 States
- A combination of letters, State
notices, and/or newsletters 8 States
- Some other method Ce.g. legislation,
A-95 review) 8 States
2. Consultation With Local Officials
After the preliminary identifications were made and the
local officials notified, the Governor or State Solid Waste
Management Agency consulted with local officials to
solicit their comments on the proposed regional boundaries.
7
-------
The solicitation of local opinion on the proposed
regional boundaries was accomplished in the following manner:
- Meetings 29 States
- A letter from the Governor or
State-Solid Waste Management
Agency requesting comments 23 States
- Other method (e.g. legislation) 4 States
3. Promulgation of Regulations
Section 4006(a) of RCRA requires the Governor of each
State to formalize the establishment of regional boundaries
for carrying out solid waste management by promulgating
regulations identifying the regions. The ID Guidelines
allowed the use of past legislation in lieu of promulgating
new regulations where the identification of areas had
already been made by such State legislation (or other means
having equivalent legal stature to the required regulations).
Using this method the States were required to first notify
and consult with local officials concerning the formalization
of such previously identified areas.
As of February, 1979 two States' identifications were
pending. The remainder of the States established regions
for solid waste management in the following manner:
- Regulation 2 States
- Executive Order by the Governor 14 States
- Previous State Legislation 34 States
- Other (e.g. new State legislation) 4 States
-------
B. Summary of Boundaries Identified In Each State
The ID Guidelines recommended that the selection of
regions be based upon a series of criteria including:
past experiences, resource recovery options, waste volumes
and types, environmental factors, and potential for coordi-
nation with other on-going programs. Table I on the next
page lists the types of regional boundaries that were
identified in each State. In all cases existing State,
regional or local government boundaries were used to
establish the solid waste management regions. The
following is a general description of the six types of
boundary designations that were used by the Governors.
1. State - The boundaries of the State were identified
as a region.
2. State and Local Boundaries - State and local govern-
ment boundaries were both identified, recognizing
strong home-rule traditions.
3. State and Regional Boundaries - State and regional
boundaries were both identified recognizing the
overlap in the planning jurisdictions of the State
and regional agencies.
4. Multi-county Boundaries - The boundaries of established
Council of Governments (COG's) or other regional
planning organizations were identified.
5. County Boundaries - The county boundaries in the
State were identified.
6. Mix of County and Multi-county Boundaries - A mixture
of county and multi-county(COG)boundaries were
identified.
-------
TABLE I - Regional Boundaries Identified (As of February, 1979)
~^*\BOUNDARY
STATE^^TYPES
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA!
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
AMERICAN SAMOA
GUAM
PUERTO RICO
VIRGIN ISLANDS
WASHINGTON DC
_N. MARIANA IS.
STATE
X
X
X
•
X
X
X
X
X
X
X
X
X
STATE
AND
LOCAL
X
X
X
STATE
AND
RE.GIONAL
X
X
X
X
MULTI-
COUNTY
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
COUNTY
X
X
X
X
X
X
X
X
X
X
COUNTY
& MULT:
COUNTY
X
X
X
X
X
X
X
X
X
X
-------
Footnotes To Table I
1. Arkansas identified State, county and multi-county
boundaries.
2. Minnesota identified two regional areas and the rest
of the State as regions.
3. Wisconsin, California, and Arkansas separately identi-
fied county and multi-county boundaries for different
types of planning.
4. Ohio and Oregon identified a district/subdistrict arrange-
ment between regional and county governments.
5. Iowa, Nebraska, and New York identified regions in
some parts of the State, county government boundaries
in the other parts.
6. The boundaries in Alaska and Puerto Rico are equivalent
to counties although counties per se do not exist.
7. Texas identified the State as a region for industrial
waste, but has not completed this action for municipal
waste.
11
-------
III. JOINT IDENTIFICATION OF AGENCIES
A. Summary of Procedures Used
Section 4006 (b) of RCRA requires each State, together
with appropriate local officials to jointly identify: 1) an
agency to develop the State plan, 2) one or more agencies to
implement the plan, and 3) which solid waste functions will
be planned for and carried out by the State, and which
functions will be planned for and carried out by regional
and local authorities. The ID Guidelines recommended that
States take the following steps in identifying agencies:
1. The Governor should designate a lead agency to
manage the identification process.
2. The Governor should notify regional and local
governments and area-wide planning agencies of the
purpose and schedule of the joint identification
process.
3. Solicit nominations of agencies from regional and
local governments.
4. Hold public meetings, where necessary to reach a
consensus regarding the agency(ies) to be identified.
5. Obtain formal agreement among local elected officials.
6. The State should confirm the agreement by legislative
resolution or executive order.
The following four sections summarize the procedures that
were used by the States to complete these six steps.
1. Designation of a Lead Agency and Notification of Interested
Parties.
In most States the State Solid Waste Management Agency
managed the identification process. A key task in the
identification process was for the States to notify all
12
-------
local governments and interested groups of the identifi-
cation procedures and the preliminary agency recommenda-
tions being proposed by the State. Notifications were
made by letter, announcements in the newspapers, State
Register or Bulletin Notices, informal and formal contacts
with local government associations, or through RCRA
Task Forces (made up of representatives of State and local
governments and private industry). Preliminary State
recommendations for identifying agencies were often developed
at State-level meetings which frequently included local
officials.
2. Solicit Nominations
In accordance with the recommendations in the ID
Guidelines the lead agencies in all States contacted inter-
ested parties to solicit their nominations of agencies for
developing and implementing the State plan. Nominations
were often solicited in the same letter that notified local
officials of the State's identification procedures. Five
States went so far as to mail survey/questionnaires to
solicit local officials' nominations. The following is
a summary of the procedures that were used for notifying
local officials and interested persons, and for soliciting
their nominations of agencies for solid waste management.
- A letter from the Governor or the lead
state agency to all local governments 15 States
- A letter or other form of announcement
and public meetings 32 States
13
-------
- A letter or other form of announcement
and public hearings 3 States
- Other methods (e.g. legislation or
regulation) . 6 States
3. Hold Meetings, Develop Consensus Position.
The ID Guidelines recommended that public meetings
be held to resolve differences at State and local levels.
A schedule of meetings was often announced in the initial
letter of notification sent to local officials. These
meetings were often relied upon for soliciting nominations
as well as for developing State and local agreement. RCRA
Task Forces and work groups were also formed in many States
to facilitate the identification process. In addition,
many State Solid Waste Management Agencies held meetings
with other state agencies to formulate a state position
statement concerning the identifications
4. State Confirmations of Agreement.
RCRA is silent regarding how agencies were to be
formally confirmed by the State. The ID Guidelines recommende
that when the local consensus position agreed with the State
opinion, the State should confirm that arrangement by legis-
lative resolution or an Executive Order by the Governor.
Joint State/local identifications of agencies and responsi-
bilities were actually confirmed in the following manner:
- A letter from the Governor or his designee
to EPA 38 States
- State regulation 3 States
14
-------
- Executive Order 13 States
- Information not available (as of 2/79) 3 States
B. Summary of Agency Identifications
The ID Guidelines recommended that the selection of
agencies be based upon a series of criteria including:
experience and expertise, membership, authority under State
law, section 208 designations under the Clean Water Act,
planning objectives, and control of water supplies. All
States have identified agencies for developing and implementing
the state solid waste management plan. Most have identified
agencies and assigned responsibilities to a mix of state
and substate agencies. No new agencies were created as
a result of the identification processes.
Each of the Tables on pages 18-25 were designed to best
represent all the information received by EPA concerning the
selection of State and local solid waste management agencies
and their responsibilities. The tables should not be
interpreted as representing all the agencies and the level
of detail that is necessary for managing solid waste in a
State. The tables reflect the outcome of the identification
process as of February, 1979.
The following is a brief explaination of the subject
that is covered by each of the tables:
Table II indicates if the State has identified lead
State agencies to manage non-hazardous and
hazardous wastes.
15
-------
Table III indicates the types of agencies identified
in each State as having the lead in
developing substate plans.
Table IV indicates the type of agency identified
in each State as having the lead in imple-,
mentation of plans at the local level.
Table V indicates the responsibilities of the agencies
identified as having the lead in the imple-
mentation of plans at the local level.
16
-------
Table II - Identification of State Agencies
A. Glossary of Terms
1. Non-hazardous Waste Management
In these States, lead State agencies have been
identified to specifically (1) carry out all the
requirements of Subtitle D of RCRA, C2) manage
solid waste at the state-level, or (3) develop
the State Solid Waste Management Plan.
2. Hazardous Waste
a. Management - In these States, lead State
agencies have been identified to specifically
(1) carry out all the requirements of Subtitle
C of RCRA, C2) manage hazardous waste at the
State-level, or (3). plan for hazardous waste,
b. Not Available - Official designations of respon-
sibility have not been received by EPA Head-
quarters.
B. Footnotes
1. A dual designation was made in Texas involving the
Texas Department of Water Resources and the Texas
Department of Health.
17
-------
TABLE II - Identification of Lead State Agencies (As of February, 1
^^•i^AD
STATE^^ENCY
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
'UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
AMERICAN SAMOA
GUAM
PUERTO RICO
VIRGIN ISLANDS
WASHINGTON D.C.
N.MARIANA IS.
NON-HAZARDOUS
WASTE MANAGEMENT
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
HAZARDOUS WASTE
MANAGEMENT NOT AVAILABLE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
-------
Table III - Agencies With Lead For Developing Substate Plans
A. Glossary of Terms
1. State
State agencies were identified as responsible
for substate planning.
2. Regional
Multi-county, multi-local or Council of Governments
agencies were identified as responsible for substate
planning.
3. County
County governments were identified as responsible
for substate planning.
4. Municipal
Cities and town governments were identified as
responsible for substate planning.
5. Pending
Agencies for substate planning have not yet been
identified.
B. Footnotes
1. Pennsylvania's Act 241, Section 5 mandates solid
waste planning based on the population density of
either regions, counties or municipalities. Although
regions have not been formulated, planning responsi-
bilities will lie with one or all of these agencies.
* Note: two or more "x" indicates that the lead for
substate planning is to be shared.
19
-------
TABLE III -
""^v^TYPE OF
^"•^^AGENCY
STATE ^^-v^^
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA j
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
AMERICAN SAMOA
GUAM
PUERTO RICO
VIRGIN ISLANDS
WASHINGTON DC
IN. MARIANA IS.
Agencies With Lead: Substate Plans (As of February, 1979)
STATE
X
X
X
X
X
X
X
X
X
X
X
x •
X
X
X
X
X
X
REGIONAL
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
COUNTY
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
MUNICIPAL
X
X
X
X
X
X
X
PENDING
^
X
X
X
-------
Table IV - Agencies With Lead For Implementing Solid Waste
Plans at the Local Level
A. Glossary of Terms
1. State
A state-level -agency has been identified to
implement plans at the local level.
2. County
County governments have been identified to
implement plans at the local level.
3. Cities & Towns
City and town governments have been identified to
implement plans at the local level.
4. Counties & Cities
One of the following two identifications have been
made in the State: a) counties will implement plans
at the local level, with the approval of residing
cities, or b) counties will implement plans outside
of city and town limits, and cities and towns will
implement in their own jurisdictions.
5. Other
Lead implementation agencies at the local level will
be either special districts or a combination of
agencies Csee footnotes I.
6. Not Available
Official designations of these agencies have not
been received by EPA Headquarters.
B. Footnotes
1. Idaho - The State identified health districts as the
agencies to implement plans.
2. Minnesota - The Twin Cities Metro Council was identi-
fied as a local implementing agency. Information
regarding the identification of agencies for the
remainder of the State has not yet been received.
21
-------
3) Pennsylvania - The State's Act 241 mandates imple-
mentation responsibilities to municipalities based
on population density. Counties and cities will have
the lead for implementing solid waste plans at the
local level.
4) Wisconsin - The Wisconsin Solid Waste Recycling
Authority and the counties were identified to
implement various aspects of solid waste manage-
ment.
5) Puerto Rico - The new State Solid Waste Authority
was identified as the implementation agency.
However, during the transition period, local
communities will also continue to implement.
22
-------
TABLE IV - Agencies With Lead: Implementina Local Plans (As of Fphrn*™ =
^x^ TYPE OF
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS-
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
AMERICAN SAMOA
GUAM
PUERTO RICO
VIRGIN ISLANDS
WASHINGTON DC
._N. MARIANA IS.
STATE
X
X
X
X
X
X
X
X
COUNTY
X
X
X
X
X
X
X
X
X
X
X
X
CITIES
& TOWNS
X
X
X
X
X
X
X
X
X
COUNTIES
& CITIES
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
OTHER
X
X
X
X
NOT
AVAILS.
X
X
X
X
X
X
X
-------
Table V - Local Implementation Agency Responsibilities
A. Glossary of Terms
1. Local Implement.
The agencies were identified to "do local imple-
mentation" .
2. Implement, of Plans
The agencies were identified to "implement solid
waste management plans"
3. SWM Implement.
The agencies were identified to "implement
solid waste management programs".
4. Implement. SW Disposal
The agencies were identified to only implement
solid waste disposal facilities.
5. Other
Other agency responsibilities were identified
(see footnotes).
6. Not Available
Official designations of responsibilities have
not been received by EPA Headquarters.
B. Footnotes
1. Arkansas - Local agencies were also identified to
implement resource recovery.
2. Michigan - Counties were identified to implement
resource recovery and waste handling.
3. Wisconsin - The Wisconsin Solid Waste Recyling
Authority was identified to implement transporta-
tion, processing, resource recovery, and disposal.
4. Puerto Rico - The Solid Waste Authority was identified
to implement resource recovery in coordination with
municipalities; and municipalities are to implement
collection, transportation, and final disposal until
the Solid Waste Management Authority provides facili-
ties for processing and final disposal.
24
-------
TABLE V - Local Implementation Agency Responsibilities (February, 1979)
~" — ^RESPONSi-
^•^BILITIES
STATE^^^v^^
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO .
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA!
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
AMERICAN SAMOA
GUAM
PUERTO RICO
VIRGIN ISLANDS
WASHINGTON DC
. N.MARIANA IS.
LOCAL
IMPLEMENT
X
X
X
X
X
X
X
X
x-
IMPLEMENT .
OF PLANS
X
X
X
X
X
X
X
SWM
IMPLEMENT
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
IMPLEMENT
sw
.DISPOSAL
X
X
X
OTHER
X
X
X
X
NOT j
AVAILA-
X
X
X
X
X
X
X
-------
IV. FUTURE STATE ACTIONS
The Goal of the identification process is to identify
all agencies and-responsibilities for solid waste management
in each State. The minimum requirements which States must
meet to satisfy this goal are established in section 4003
of RCRA. States will need to meet these minimum require-
ments in order for EPA to approve State solid waste manage-
ment plans. In particular, section 4003(1) specifies "The
plan shall identify (in accordance with section 4006 (b))
(a) The responsibilities of State, local, and regional
authorities in the implementation of the State plan,
(b) The distribution of Federal funds to the authorities
responsible for development and implementation of
the State plan, and
(c) The means for coordinating regional planning and
implementation under the State Plan."
The following three subsections of this report compare
the identifications that have been completed to date to the
minimum requirements listed under section 4003(1). This
is done to give some indication of the future actions that
States may have to take to complete the identification process.
A. The identification of responsibilities of State, regional
and local authorities in the implementation of the State
Plan.
Subpart B of the Guidelines for the Development and
Implementation of State Solid Waste Management Plans elabor-
ates on the Act's requirements for identification of agencies
and recommends additional identifications that States should
consider when developing their State Plan. Section 256.10 of
26
-------
the Guidelines requires State plans to identify the
responsibilities for the following activities:
(1) classifying disposal facilities for the open dump
inventory,
»
(2) developing and implementing the State regulatory
program,
(3) developing and implementing the State resource
conservation and recovery program, and
(4) planning and implementing solid and hazardous waste
management facilities and services.
As indicated in Table II most States have identified
lead State agencies to manage non-hazardous and hazardous
wastes, and to develop the State solid waste management plan,
An entire department has been usually identified as the
responsible agency. Table III indicates most States have
also identified the lead agencies that will be responsible
for developing- substate plans. However, few States have
clearly defined the responsibilities of these agencies.
Table IV indicates most States have identified the lead
agencies that will be responsible for implementing plans
at the local level. However, Table V indicates that the
responsibilities of these agencies have only been defined
in general terms by the States.
A comparison of the identifications that have been
completed to date to the requirements in the State Planning
Guidelines indicates that:
(1) completed identifications are general, cover a
broad range of responsibilities and do not dis-
criminate by waste type,
27
-------
(2) State-level identifications do not address the
different areas of solid waste management to
the level of detail required by RCRA or the
State Planning Guidelines, and
(3) a basic framework of agencies was identified for
substate planning, however specific planning
responsibilities were not defined at the State
or substate level.
Most, if not all, States will have to clarify State,
regional and local responsibilities to a greater level of
detail in order to fullfill the requirements of the State
Planning Guidelines and to produce a State plan which EPA
can approve.
B. The identification of a system for distributing Federal
funds to the authorities responsible for development and
implementation of the State plan.
The Office of Solid Waste conducted an informal
survey in September, 1978 to determine what steps the
States had taken to develop a system for distributing
Federal funds to the parties who are designated under
section 4006 (b) as responsible for developing and imple-
menting the State plan. The survey indicated that
approximately fifteen States had developed a system
for distributing Federal funds. This situation reflects
two important factors: (1) EPA is currently discouraging
States from passing through Subtitle D funds to substate
and local agencies because Federal funds are limited, and
28
-------
(2) States are accordingly placing a higher
priority on activities related to overall State planning
and implementation rather than on substate activities.
Survey results also indicate several factors which
are important in the development of funds distribution
systems:
a. the responsibilities of all substate agencies that
will be involved in planning and implementing the
State plan have to be clearly defined,
b. local interagency agreements and memoranda of under-
standing are good vehicles for defining responsi-
bilities, and
c. the State contracting mechanism (including grant
application procedures), and the competitive
selection procedures (including eligibility and
selection criteria) must be clear and equitable.
C. The identification of the means for coordinating
regional planning and implementation und^r the
State plan.
Planning and implementation activities need to be
coordinated if the State planning process is to be success-
ful. It appears that the agencies identified as responsible
for regional planning activities are not always the same
agencies responsible for implementing plans at the local
level. A comparison between Table III and Table IV illustra-
tes this point:
- A State agency will plan and implement in 8 States.
- A State agency will plan and cities and towns will
implement in 6 States.
- State and regional agencies will plan and cities
and towns will implement in 4 States.
29
-------
- Regional agencies will plan and counties and cities
will implement in 7 States.
- Regional and county agencies will plan and counties
will implement in 6 States.
- Counties will plan and implement in 6 States.
As seen in the comparison of the Tables, State, regional
and county governments have major responsibility for
substate planning activities. Counties, cities and towns
have the prime responsibility for implementing activities
at the local level.
Because counties, cities and towns will be directly
affected by the plans that are developed, they must partici-
pate in substate planning activities. The mechanism that
will be used to include counties, cities and towns in the
planning process should be defined in the State plan.
Memoranda of understanding, Council of Governments' resolu-
tions or other specific agreements are mechc.nisms
which can help coordinate the planning and implementing
activities amoung different levels of government. However,
it appears that specific divisions of responsibilities and
written agreements among different levels of government
have not yet been accomplished in most States.
wa!837
SW-772
30
-------
EPA REGIONS
U.S. EPA, Region 1
Solid Waste Program
John F. Kennedy Sldg.
Boston, MA 02203
617-223-5775
U.S. EPA, Region 2
Solid Waste Section
26 Federal Plaza
New York, NY 10007
212-264-0503
U.S. EPA, Region 3
Solid Waste Program
6th and Walnut Sts.
Philadelphia, PA 19106
215-597-9377
U.S. EPA, Region 4
Solid Waste Program
345 Courtland St., N.E.
Altanta, GA 30308
404-881-3016
U.S. EPA, Region 5
Solid Waste Program
230 South Dearborn St.
Chicago, IL 60604
312-353-2197
U.S. EPA, Region 6
Solid Waste Section
1201 Elm St.
Dallas, TX 75270
214-767-2734
U.S. EPA, Region 7
Solid Waste Section
1735 Baltimore Ave.
Kansas City, MO 64108
816-374-3307
U.S. EPA, Region 8
Solid Waste Section
1860 Lincoln St.
Denver, CO 80295
303-837-2221
U.S. EPA, Region 9
Solid Waste Program
215 Fremont St.
San Francisco, CA 94105
415-556-4606
U.S. EPA, Region 10
Solid Waste Program
1200 6th Ave.
Seattle. WA 98101
206-442-1260
-------
------- |