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Requirements for
EPA Authorization
Requirements for
Interim Authorization
Timetable
for Authorization
RCRA generally directs that, to receive "final"
approval from EPA, State hazardous waste programs must
be "equivalent to and consistent with" the Federal pro-
gram. "Equivalent" is interpreted to mean "equal in
effect." Thus, the regulations provide minimum require-
ments, with the States allowed to set more stringent
standards. Another important element is that States may
not impose any requirement that might interfere with the
free movement of hazardous waste across State boundaries
to treatment, storage, or disposal facilities holding a
RCRA permit.
State programs that are "substantially equivalent"
to the Federal program may receive interim authorization,
then be gradually upgraded until they qualify for "final"
or "full" authorization. Interim authorization may ex-
tend for 2 years beyond the effective date of the last
component of the Federal standards for hazardous waste
facilities.
To qualify for interim authorization, State programs
must:
o control as nearly an identical universe of waste
as is controlled by the Federal program;
o cover all types of hazardous waste facilities in the
State;
o be based"on standards that provide substantially
the same degree of human health and environmental
protection as do the Federal standards;
o be administered through procedures that are sub-
"*" stantially equivalent to those used in the Federal
program.
RCRA established a timetable for interim and full
authorization of State programs based upon the promulga-
tion of the regulations governing those programs. EPA is
promulgating these regulations in two phases; authoriza-
tion can, therefore, also be in two phases.
Timing of Phase I Applications. Application for
interim authorization for Phase I of the regulations may
be submitted to EPA through January 1982. Phase I regu-
lations were promulgated in May 1980. These regulations
include:
o identification and listing of hazardous waste;
o standards for generators of hazardous waste;
o standards for transporters of hazardous waste;
o standards for owners and operators of facilities
that treat, store, or dispose of hazardous waste
(Interim Status Standards, which consist of
administrative and some technical requirements);
o requirements for obtaining hazardous waste facility
permits.
U^En
Environmental Protection Agency
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Final Authorization
Amendments to State
Programs
Cooperative Arrangements
between States and EPA
Timing of Phase II Applications* Promulgation of Phase
II of the Federal program has been divided into several "com-
ponents," which correspond to specific categories of hazardous
waste facilities. States may apply for interim authorization
to issue permits for these specific types of facilities as the
Federal standards are finalized. The first two components—
Component A: Storage and Treatment Facilities (tanks, waste
piles, containers, and surface impoundments); and Component B:
Incinerators—were announced in January 1981.
States have the option of waiting until all components
comprising the technical facility standards in Phase II are
promulgated before applying for interim authorization. During
the time before a State receives interim authorization to
operate a component of Phase II, however, EPA must regulate
facilities within that component in that State.
States may apply for final authorization when all com-
ponents of the Phase II facility standards have been promul-
gated. Final authorization of State programs may take effect
on the same date that the last component of Phase II becomes
effective. In order that States will be aware of the begin-
ning of the final authorization process, -EPA will publish
notices in the Federal Register of the promulgation and effec-
tive dates of the last component of Phase II.
State programs with final authorization must be amended
as the Federal program is amended so that the State program
will remain substantially equivalent to and consistent with
the Federal program.
If any State's hazardous waste program fails to qualify
for interim authorization, EPA will enter into a cooperative
arrangement with the State. In such an arrangement, the State
agrees to perform tasks to help implement the Federal program
and to work toward interim authorization. Financial support
would then be available for qualified activities in the State.
EPA would maintain basic responsibility for the program until
the State receives authorization.
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