530SW85035  ~


                  United States          Office of Soild Waste      October 1985
                  Environmental Protection     and Emergency Response
                  Agency            Washington DC 20460
%P,EPA        The New RCRA
                  A Fact Book
ENVIRONMENTAL

 PROTECTION

   AGENCY


(DALLAS, TEXAS

-------
 The New RCRA
 The  Historical
 Perspective
 An Introduction by Lee M. Thomas
 Administrator, EPA

 EPA administers two major waste management
 statutes—the Comprehensive Environmental
 Response. Compensation and Liability Act
 (CERCLA). or Superfund, designed to clean up
 the  Nation's worst abandoned hazardous waste
 dumps, and the Resource Conservation and
 Recovery Act (RCRA). which regulates current
 and planned hazardous waste disposal activities.
 RCRA was greatly expanded by Congress in
 1984. and both the agency and the states; face a
 huge challenge in implementing the new
 provisions of the law. Success will depend upon
 the close cooperation of federal, state and local
 governments, industry, public interest groups
 and private citizens.  This fact book places the
 new RCRA in historical perspective, summarizes
 the main provisions of the recent amendments.
 describes the responsibilities of those who
 generate, transport, treat,  recycle and dispose of
 regulated wastes, and outlines EPA's new
 hazardous waste responsibilites.
  We will provide additional documentation as
 the program develops.
Contents
 I. Administrator's Introduction	      i
 II. The Historical Perspective  	   i
 III. Overview of 1984 Amendments	  1
 IV. Key Programs 	1
 Land disposal  	  1
 Small quantity generators (SQGs) 	  2
 Underground storage tanks (UST) 	   3

 Permitting	4
 Enforcement provisions	  6
State programs and agencies	  7
V. The 1984 Amendments in Detail	11
When population centers were
relatively compact and
produced manageable
volumes of conventional
waste, the disposal of such
material was not a major
issue in urban or
environmental affairs. In
recent decades, however, the
tonnage and chemical
complexity of the nation's
waste has grown
dramatically, posing a threat
to air.  water and land
resources, to the balance of
nature and even to human
health.  Congress recognized
the problem in 1965. and
passed the Solid Waste
Disposal Act to fund research
and technical assistance for
state and local planners.
  In 1970.  the original
legislation was enlarged and
restructured in the form of
the Resource Recovery Act.
which promoted  the adoption
of sanitary landfills and
encouraged a shift from mere
disposal toward conservation.
recycling and advanced
control technology. A
cabinet-level interagency
resource conservation
committee was set up and
EPA funded six major
resource-recovery projects at a
cost of some S25 million.
  During the mid to late 70s
EPA invested about S10
million in direct technical
assistance to a host of cities
for experiments like separate
collection of newsprint.
computerized routing and
scheduling, and new
management systems.
Between 1979 and 1981. EPA
allocated S28 million  to 63
communities to help them
plan the development of
large-scale resource-recover}7
facilities.
  Up to this point legislation
had focused mainly on the
traditional kinds of municipal
trash—paper, glass, cans.
garbage. However, mounting
scientific evidence indicated
that wastes generated by
chemical and other industrial
processes could be
hazardous. That persuaded
Congress first to strengthen
existing regulations and then,
in 1976. to pass the Resource
Conservation and Recovery
Act (RCRA), which amended
the Solid Waste Disposal Act.
  Under RCRA,  EPA set
standards for generators and
transporters of hazardous
waste and for owners and
operators of hazardous waste
treatment, storage and
disposal facilities. This
cradle-to-grave system has
identified 52.864 waste
generators. 12.000
transporters and about 5,000
treatment, storage and
disposal facilities, and has
brought a  greater degree of
order to the management of
large-scale wastes. *
  Congress reauthorized
RCRA late in  1984. imposing
new and far-reaching
requirements on a vastly
larger regulated community.
notably the 175,000
enterprises that generate
small amounts (between
and 2.200 pounds) of waste
per month and those that
own or operate a million
underground storage tanks.
Controls for land disposal will
be tightened,  while certain
wastes will be banned from
landfills altogether. Burners
and blenders of fuels  derived
from hazardous waste will be
subject to EPA regulation.
•The Agency estimates, based on
1981 data, that some 264 million
metric tons of hazardous waste
are being generated annually in
this country. The combined total
of all forms of solid waste.
hazardous and otherwise.
amounts to almost six billion
tons per year.

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 Overview  of 1984
 Amendments
                                       Proqrams
The new RCRA represents a
clear shift in national policy
away from land disposal and
toward waste reduction,
recycling and new treatments
for flammable, reactive,
corrosive and toxic wastes
that now threaten air quality
and vital surface and
groundwater resources. The
amended RCRA embraces
more than 70 new provisions
and 58 action deadlines.  For
example. EPA is now required
to establish a program to
control underground tanks
containing petroleum and
other designated hazardous
substances.
  The agency must issue
regulations by February 1987
for petroleum tanks, August
1987 for new tanks
containing chemical products
listed as hazardous under the
Superfund, and August 1988
for existing tanks containing
such Superfund chemicals.
Installation of certain
underground tanks is
prohibited. The  Underground
Storage Tank (UST) program
may require us to inspect and
regulate a  million tanks
nationwide. New statutory
controls may be imposed on
as many as 100,000 new
tanks installed each year.
  The new RCRA bans the
land disposal of hazardous
wastes unless EPA finds they
will not endanger human
health and the environment.
Landfilling of bulk or
non-containerized liquids is
now prohibited.  By February
1986 EPA  must  promulgate
regulations to minimize the
landfilling  of containerized
liquid hazardous waste.
  No bulk liquids may be
disposed of in salt domes.
Using oil contaminated with
hazardous waste as a dust
suppressant and injection of
hazardous wastes into or
above an underground source
of drinking water are both
outlawed.
  The new Act further
requires those who produce,
burn, distribute or market
fuel derived from hazardous
wastes to notify EPA of their
operations. EPA must then
issue record-keeping
requirements and technical
standards.
  In addition, anyone who
wants to operate a waste
management facility must
meet minimum technological
requirements,  including
double liners,
leachate-collection systems
and extensive ground-water
monitoring. Facility owners
and operators are required by
the new law to take corrective
action if any part of a RCRA
facility not on a permanent
control plan suffers an
uncontrolled release. Such
action can now be
accomplished through new
permit requirements or legal
remedies.
  The amendments also
strengthen federal controls
over the disposal of
non-hazardous municipal
wastes: federal enforcement
authority can be  applied in
cases where States do not
mandate a permit program
for municipal landfills.
Finally, RCRA strengthens
federal enforcement by
expanding criminal offenses
and raising maximum
penalties. Any citizen can file
an "imminent hazard"
lawsuit, and EPA is
authorized to issue an
administrative order to
correct any release of
hazardous waste  from a
facility that is or was subject
to temporary permit
requirements.
One of the purposes of the
1984 RCRA amendments is
protection of precious
groundwater supplies from
contamination by seepage
from the land surface. Major
parts of regulations governing
small quantity generators
(SQGs) and underground
storage tanks are designed to
prevent such damage to
aquifers. The law is also
intended to control air
pollution resulting from
combustion of hazardous
waste mixed with various
fuels and the evaporation of
volatile organic materials
from landfills and storage
depots. The following sections
explain the main features of
the new RCRA.


Land  Disposa!

Congress intended to
discourage land disposal of
hazardous waste because of
long-term uncertainties about
its persistence, toxicity,
mobility and accumulation in
plants, animals and human
tissue. Certain materials  will
be banned unless they receive
specific EPA approval. Land
disposal can be nernutted if
the waste meets pretreatment
levels or standards
  The land d'sposal program
features tight deadlines and
"hammers" —automatic bans
if EPA fails to meet them.

• Dioxin-containmg waste
and spent or discarded
solvents are banned as of
November 6, 1986.

• Wastes listed as hazardous
by the State of California,
including liquid hazardous
wastes containing certain
metals, free cyanides up to
1,000 mihgrams per liter,
PCBs up to 50 mihgrams per
liter and acids with a pH
rating lower than 2.0 are
banned after July 8,  1987.

• Liquid hazardous wastes
containing arsenic up to 500
miligrams per liter, cadmium
up to 100 miligrams per liter,
chromium VI up to 500
 miligrams per liter, lead up to
 500 miligrams per liter,
 mercury up to 20 miligrams
 per liter, nickel up to 134
 miligrams per liter, selenium
 up to 100 miligrams per liter
 and thallium up  to 130
 miligrams per liter are
 banned as of July 8, 1987.

 •  Liquid or solid hazardous
 waste containing halogenated
 organic compounds up to
 1000 miligrams per liter are
 banned as of July 8, 1987.

 «  Contaminated soil and
 debris from CERCLA
 response or corrective action
 under  RCRA are  exempted
 until November 1988 and
 waste injected into deep wells
 until August 8. 1988.

 *  The deadline for
 promulgation of EPA waste
 review schedule is November
 8, 1986.

 «  EPA must review at least
 one-third of wastes by August
 8, 1988, at least  two-thirds of
 wastes by June 8. 1989. and
 all ranked waste  and all
 "characteristic" waste by May
 8. 1990.

  These bchedules are based
 on the toxicity and volume of
 waste disposed on land The
 most hazardous are to be
 examined first. A new
 leaching test will determine if
 hazardous waste  constituents
 exceed allowable health
 thresholds.
  If no available treatment
 methods can safeguard public
 health, performance
 standards will be imposed
 where possible, based on best
 demonstrably achievable
 technology. Effective dates of
 land-disposal bans can be
 extended by petition for two
 one-year periods on a case-by-
 case basis if alternative
 disposal capacity is not
available. However, petitions
must demonstrate a
reasonable certainty that
 fhere will be no migration of
constituents as long as
wastes remain hazardous.

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 Small  Quantity
 Generators
 (SQGs)

 Previously, EPA only
 regulated establishments
 generating more than 1,000
 kilograms (2,200 pounds) of
 hazardous waste per month.
 Under the new law, those that
 generate 100 kilograms (220
 pounds, or roughly half a
55-gallon drum) but less than
1,000 kilograms per month
will have to comply with rules
covering transportation and
disposal of wastes hazardous
to human  health and the
environment.
  The agency estimates that
the new RCRA will increase
the number of
federally-regulated waste
generators from about 15,000
to about 175,000. An EPA
survey released in March
 States Regulating Small Quantity Generators
 As Of February 1984
                                                New Jersey
                                                aryland
                                            South Carolina
 *No exemption for small quantity generators regardless of quantity
Who They Are...

Other Non-Manufacturing 13%

Construction 3%
                 Vehicle Maintenance 70%
  Metal Manufacturing 9%
        ther Manufacturing 5%
The Wastes They Produce...
                            Photographic Wastes 3%
                   Other 7% I  Ignitable Wastes 2%
Acids and Alkalies 6%   ^-rLJLs ^ <»<»ning Residues 2%

Solvents 18%
 1985 suggested that 85% of
 SQGs are in vehicle
 maintenance, equipment
 repair, construction,
 printing, photography,
 laboratories, schools,
 laundries, dry cleaners and
 pesticide applicators. Most of
 the remainder are in
 manufacturing or finishing of
 metals.
  The new requirements will
 have their greatest impact on
 firms in the 28 states that do
 not currently impose some
 regulation on SQGs.
  Starting August 5,  1985,
 SQGs shipping hazardous
 waste off premises must, like
 large-volume generators,
 attach a manifest required by
 EPA and the Department of
 Transportation (DOT)
 including generator's name,
 address and signature; DOT
 waste nomenclature and
 classification; number and
 type of containers; weights
 and quantities being
 transported and name and
 address of consignee. The
 manifest will help prevent
 confusion and illegal
 dumping by permitting EPA
 and the states to track
 shipments from origin to
 final disposal.
  By March 31,  1986, EPA
 must issue final regulations
 protecting human health and
environment from small
quantities of hazardous
waste. At a minimum, the
 regulations, now in process,
 must:

 • require that hazardous
waste from generators of
 more  than 100 kilograms per
 month be treated, stored or
 disposed of at an approved
 hazardous waste facility.

• allow small quantity
generators to store waste on
premises up to 180 days
without a storage permit, or
270 days for waste to be
transported more than 200
miles, provided that no more
than 6,000 kilograms are
stored.
  If EPA fails to issue final!
regulations by March 31,
1986, hazardous waste from
SQGs automatically becomes
subject to these minimum
requirements. In addition, for
waste shipped off-site, SQGs
will be required to include the
name of the transporter on
the manifest, retain
manifests signed and
returned by the hazardous
waste facility for at least three
years, and notify EPA at least
twice per year of any
manifests not returned, so
the agency can follow up for
possible violations.
  Because the new provisions
regulate a large number of
generators for the first time,
EPA is conducting a
comprehensive education/
assistance program to alert
SQGs to their responsibilities
under the law. For provisions
that must be implemented by
August 1985 EPA will:

• identify potential SQGs

• provide information      ^
through EPA regional officesfl
state and local governments, ~
trade associations and other
groups to help SQGs
determine if they are subject
to the regulations. We will
identify wastes by trade,
chemical and colloquial
names, and will correlate the
waste with DOT identification
numbers wherever possible.

• inform SQGs of the need to
prepare a Uniform Hazardous
Waste Manifest to accompany
any materials they ship, and
explain how and where to
obtain forms.

  For the final regulations, to
be issued or take effect
automatically by April 1,
1986, EPA will:

• alert SQGs to the new
regulations plus additional
requirements and

• provide them with complete
instructions and
industry-specific information
to help them comply.

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 Underground

 Storage Tanks

 (UST)

 One of the most far-reaching
 of the new RCRA provisions
 deals with an estimated
 one million underground
 storage tanks in the United
 States containing hazardous
 substances or petroleum
 products.
   The Underground Storage
 Tank program breaks new
 ground in that, for the first
 time. RCRA applies to storage
 of useful materials as well as
 wastes. Under a new Subtitle
 I, RCRA now regulates
 underground tank storage of
 all petroleum products
 (including gasoline and crude
 oil) and any substance
 defined as hazardous under
 the Comprehensive
 Environmental Response,
Compensation, and Liability
   ct of 1980 (the Superfund
 ?aw), which authorizes
 cleanup of abandoned or
 uncontrolled hazardous waste
 sites. "Underground storage
 tank" is defined as any tank
 with at least 10 percent of its
 volume buried below ground,
 including any pipes attached.
 Thus, overground tanks with
 extensive underground piping
 may now be regulated.
   EPA's UST program does
 nof apply to:
 • tanks holding a hazardous
 waste regulated under the
 RCRA hazardous waste
 program (Subtitle C)
 • farm and residential tanks
 holding less than 1.100
 gallons of motor fuel
 • on-site heating oil tanks
 • septic tanks
 • pipelines regulated under
 other laws
 • systems for collecting
   rm and wastewater
low-through process tanks
                           • liquid traps or gathering
                           lines related to oil and
                           natural gas operations.
                             The UST program bans the
                           installation of corrodible
                           tanks, initiates a tank
                           notification program, sets
                           technical standards for all
                           tanks, coordinates federal
                           and state efforts and provides
                           federal inspection and
                           enforcement.
                             A provision banning
                           underground installation of
                           unprotected new tanks went
                           into effect on May 7, 1985.
                           After that date no person may
                           install an underground
                           storage tank unless:
                           • it will prevent release of the
                           stored substance due to
                           corrosion of structural failure
                           for the life of the tank.
                           • it is protected against
                           corrosion, constructed of
                           noncorrosive material, or
                           designed to prevent release of
                           the stored substance.

                           • construction or lining
                           materials are electrolytically
                           compatible with the
                           substance to be stored.

                             The new law provides a
                           state and local notification
                           program that applies to
                           several million tanks
                           owners—to distributors of
                           regulated substances and
                           owners of tanks taken out of
                           operation within the past 10
                           years but still in the
                           ground—as well as owners of
                           operational tanks.
                           • by May 1985 state
                           governors must have
                           designated the state or local
                           agency that will receive the
                           notifications.
• by November 1985 EPA
must prescribe the form of
the notice.

• by May 1986 owners of
existing underground storage
tanks must notify the state or
local agency of each tank's
age, size, type, location and
uses.
• by May 1986 owners of
undergound storage tanks
taken out of operation after
January 1,  1974, but still in
the ground, must notify the
state or local agency of each
tank's age, decommission
date, size, type, location and
type and quantity of
substance left  in the tank.
• after May 19R6 owners of
newly installed underground
storage tanks must notify the
state or local agency of
certain operational data
within 30 days of start-up.

• within 30 days of the date
on which EPA  prescribes the
notification form (and for 18
months thereafter), any
person who deposits
regulated substances in an
underground storage tank
must inform its owner of the
requirement to notify the
state or local agency,
• within 30 days of the date
on which EPA  prescribes the
notification form, sellers of
tanks must notify purchasers
of the need to  notify the state
or local agency.
  Under new RCRA
provisions, EPA must develop
and promulgate periormance
standards for new tanks, as
well as standards covering
leak detection, leak
prevention and corrective
action for both new and
existing underground storage
tanks on the following
schedule:
  The law specifies that leak
detection/prevention and
corrective action regulations
must require
owners/operators of
underground storage tanks
to:

• be able to detect releases

• keep records of
release-detection methods
• take corrective action when
leaks occur

• report leaks and corrective
action

• provide for proper tank
closure

• provide evidence, as EPA
deems necessary, of financial
capability to take corrective
action and compensate third
parties for injury or damages
from instant or continuous
releases. States may finance
corrective action and
compensation programs by a
fee levied on owners and
operators

  Several states already have
or are developing regulatory
programs for underground
storage tanks. The new law is
designed to avoid interfering
with those programs and to
encourage other states to
press ahead on their  own.  By
May 1987 states may apply to
EPA for authorization to
operate an Underground
Storage Tank program. It may
cover petroleum tanks or
hazardous substance tanks or
both. State programs must
include all the regulatory
elements of the federal
program and provide for
                                                                                      petroleum
                                             hazardous
                                             chemicals
standards for new tanks
regulation of leak
detection/prevention and
corrective action
study/report to Congress
February 1987  August 1987
February 1987  August 1988
                                                                                      November
                                                                                      1985
               November
               1987

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adequate enforcement. After a
one to three-year grace
period, state requirements
must be no less stringent
than the federal.
  Federal and state personnel
are authorized to request
pertinent information from
tank owners, inspect and
sample tanks, and monitor
and test tanks and
surrounding soils,  air,
surface water and
groundwater. EPA may issue
compliance orders for any
violation of this statute or
regulations. Offenders are
subject to civil penalties of up
to 810,000 per tank for each
day of violation. Criminal
penalties are not authorized.
Permitting

The new Amendments apply
immediately to facilities in all
states, whether or not the
state is authorized to
administer its own hazardous
waste program. If a facility is
located in an authorized
state, the latter will continue
to be responsible for that
portion of the RCRA program
for which it is already
authorized. EPA will be
respori sible for aspects of the
program initiated by 1984
Amendments. So for the time
being RCRA permits will need
to be issued jointly by states
and EPA.
All Treatment, Storage and
Disposal Facilities. To receive
a final permit for approved
operation all facilities will
need to take corrective action
for releases of hazardous
waste or hazardous waste
consitutents from any solid
waste management unit on
the property, regardless of
when the waste was placed in
the unit or whether the unit
is closed. If corrective action
cannot be completed  before a
permit is received.  EPA may
put a compliance schedule
into the permit to allow
development of data to
determine corrective  action or
to complete it. Owners and
operators must provide
financial assurance that they
can complete corrective
action.
  New authority  allows EPA
to add whatever conditions to
permits are necessary to
protect human health and the
environment. After September
1, 1985 a generator with an
on-site facility must certify
annually a reduction  in
volume and toxicity of waste
to the maximum degree
economically practicable, and
that management methods
minimize risk to the  extent
technically practicable.
All Land-Disposal Units. A
waiver from groundwater
monitoring requirements is
no longer permissible for
units located above the
seasonal high-water table, 01
for units where owners and
operators have installed two
liners and a leachate
collection system or inspect
liners.
  An application for interim
status operation and
certification of compliance
with groundwater monltorin
and financial assurance
requirements must be
submitted by November 8,
1985, to avoid loss of such
status.
  Land-disposal permits mus
be reviewed every five years
and modified as needed. Any
such modification must
consider improvements in th
state of control and
measurement technology am
regulations that then apply t
the facility.
                                                            Large Quantity Generators, Transporters and Treatment
                                                            Storage and Disposal Facilities (TSDs) as of July 31,1985
                                                                 EPA Region  Generators  Transporters
                                                                                   TSC
1
2
3
4
5
6
7
8
9
10
Totals
4,358
11.453
4,737
6,280
10.937
4,536
1,836
659
5,931
2,137
52,864
557
1.559
1.177
1.542
2,909
1,258
481
313
1.848
699
12,343
                                                            For further information
                                                            contact: Jeff Tumarkin at
                                                            382-4753
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 Landfill and Surface
 Impoundment Exposure
 Information. After August 8,
 1985, each application for
 interim-status operation
 must be accompanied by
 exposure information, which
 must address potential
 hazardous waste releases  in
 the course of transportation
 to or from the waste disposal
 unit, normal operations and
 accidents, and potential
 pathways, magnitude and
 nature of human exposure to
 such releases. If an
 application for interim-status
 operation has already been
 submitted, exposure
 information must be
 transmitted by August 8.
 1985.
  EPA will determine whether
 a facility poses a substantial
 health risk due to releases of
 hazardous constituents. If so
 EPA will make information
 available to the Agency for
 Toxic  Substances and Disease
^Registry (ATSDR) in the
 Centers  for Disease Control,
 which will undertake a health
 assessment.
New and Expanded Landfills
and Surface Impoundments.
Permits will require
groundwater monitoring and
installation of two or more
liners with leachate collection
above or between liners, as
appropriate. Surface
impoundments and landfills
outside of Alabama can
obtain a waiver from the
double-liner requirement if
alternative design and
operating practices, along
with location characteristics,
are shown to be at least as
effective in preventing
migration of hazardous
constituents to aquifers.
Facility owner/operators can
also obtain a waiver from the
double-liner and leachate
collection requirements for
certain monofills and foundry
wastes. Landfills or  surface
impoundments that have
received approval for
interim-status operation and
that receive waste into new
units and/or lateral
expansions or replacements
of existing units after May 8,
1984, must meet the
double-liner and leachate-
collection requirements and
waiver conditions.
  If liner and leachate
collection systems are
installed in good faith
compliance with EPA
regulations or guidance
documents, a different system
may not be required when a
facility receives its first
permit, unless EPA  has
reason to believe the liner is
perforated.
  If an owner or operator
intends to receive waste into
new interim-status units on
or after May 8,  1985. he must
notify EPA at least 60 days
before receiving waste. He
must submit his Part B
permit application within six
months of this  notification.
Landfills Only. As of May 8,
1985, a facility owner or
operator will not be able to
dispose of bulk or
noncontainerized liquid
hazardous waste or free
liquids contained in
hazardous waste (regardless
of whether absorbents have
been added) in a landfill.
After November 8, 1985, he
will not be able to dispose of
any non-hazardous liquid
wastes in  his landfill. A
waiver of this prohibition
may be obtained under
certain conditions.
Existing Surface
Impoundments Only. If an
interim-status surface
impoundment was in
existence on November 8.
1984, two or more liners with
leachate collection between
the liners must be installed
and groundwater must be
monitored by November 8,
1988. Permits issued to
surface impoundments will
require retrofitting within
four years, unless the
owner/operator applies for
and receives a waiver, which
is available for units  that
meet certain criteria.

Waste Piles Only.
Interim-status waste piles
that receive waste into new
units or lateral expansions or
replacements of existing units
on or aiier May 8. 1985 must
meet current Fart 264
standards for liners and
leachate collection systems.
Miscellany. Additional
provisions that will impact
selected facilities (e.g.,
prohibitions on placing some
hazardous waste in salt
domes, underground mines
or caves until the facility
receives a permit) are not
outlined in this section
because they are germane
only to small segments of the
regulated community.
Moreover this section does
not treat provisions that
become effective more than
one year after enactment of
the RCRA amendments.

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 Enforcement

 Provisions

 EPA already had considerable
 compliance authority prior to
 the enactment of the
 Hazardous and Solid Waste
 Amendments of 1984. The
 agency could require
 information, obtain access for
 inspections and conduct
 monitoring.  In addition,
 violators were subject to
 compliance orders, penalties
 and criminal fines and
 imprisonment. Finally, the
 Administrator could bring an
 action whenever the
 handling, treatment,
 transportation or disposal of
 a solid or hazardous waste
 threatened an imminent and
 substantial endangerment of
 public health or the
 environment. The
 Amendments enlarged most
 of these authorities,
 including corrective action.
  The Amendments require
 periodic inspection of
 facilities. Beginning 12
 months after the date of
 enactment, and no less than
 every two years thereafter,
 EPA or authorized States
 must inspect all treatment,
 storage and disposal facilities
 for which a permit is
 required. EPA must annually
 inspect every treatment,
 storage or disposal facility
 operated by a State or
 municipality. EPA must and a
 State may inspect all
 treatment, storage or disposal
 facilities owned or operated
 by a federal agency annually
 starting 12 months from the
 date of enactment, No waivers
 or variances are permitted.
 Within six months of the datf
 of enactment, EPA had to
 submit a report to Congress
 on the potential for private
 inspectors to support
government inspection
efforts.
   As discussed elsewhere in
 this fact book, the
 Amendments established
 numerous new regulatory
 requirements. These are
 subjeci. to conventional
 enforcement to compel
 compliance and impose
 penalties for violations. To
 eliminate certain substandard
 operations, temporary
 operational permits terminate
 for land disposal facilities
 unless they certify compliance
 with all applicable
 groundwater monitoring and
 financial responsibility
 requirements, and submit
 applications for  a final
 determination regarding
 issuance of a permit within
 one year of the date of
 enactment. Existing
 interim-status incinerators
 have until November 8, 1986
 to submit Part-B applications
 to maintain interim status.
 All other existing
 interim-status facilities have
 four yea rs to submit such
 applications.
  Corrective action
 authorities are a major
 component of the
 Amendments. EPA can issue
 orders requiring corrective
 action or other response
 measures at interim-status
 facilities, when the Agency
 determines that  a release of
 hazardous waste is now or
 has been taking  place. Such
 orders can include a "suspend
 or revoke" authorization to
 operate under interim status.
 Facilitiesi that fail to comply
 with the terms and schedules
 specified in these orders are
 subject to civil penalties of up
 to $25,OiiO per day of
 noncompliance. EPA can also
 initiate & civil action for
 appropriate relief, including a
 temporaiy or permanent
Injunction.
  In addition,  EPA must
promulgate regulations as
promptly as practicable
requiring owners or operators
of all permitted facilities and
regulated units to take
 corrective action beyond the
 property boundary where
 necessary to protect human
 health and the environment,
 unless they can demonstrate
 to EPA's satisfaction an
 inability to obtain permission
 despite their best efforts.
 Pending such  regulations,
 EPA can issue corrective
 action orders for this purpose
 on a case-by-case basis.
  In addition,  criminal
 sanctions were expanded by
 the new amendments. Any
 treatment, storage and
 disposal facility or generator
 and transporter of hazardous
 waste is subject to criminal
 penalties for knowing
 violations of interim-status
 standards, material
 omissions and failure to file
 required reports,
 transportation without a
 manifest and causing such
 waste to be transported to an
 unpermitted facility. The
 maximum penalty for these
 violations is boosted to
 $50,000 for each day of
 non-compliance. The
 maximum prison sentence for
 transporting or causing
 transport to an unpermitted
 facility, and treating or
 disposing of wastes without a
 permit or in violation thereof
 or of interim-status
 standards, is raised to five
 years.
  The class of "knowing
 endangerment" crimes is also
 expanded. The requirement
 that those responsible for a
 "knowing endangerment"
 display an unjustifiable and
 inexcusable disregard for, or
 extreme indifference to,
 human life before they can be
 prosecuted is deleted. The
 maximum prison sentence for
 any person convicted of
"knowing endangerment" is
extended to  15 years.
  Citizens are  authorized to
bring actions in cases where
past or present management
of hazardous waste presents
an imminent and substantial
endangerment. This right is
circumscribed  where EPA or a
 State is diligently proseci'
 an action under the
 Comprehensive
 Environmental Response,
 Compensation and Liability
 Act (CERCLA), is engaged in
 a removal action, has
 initiated an investigation or
 is proceeding with a remedia
 action, or has issued an
 administrative order to
 compel a cleanup. Citizens
 are expressly authorized to
 sue open-dump operations.
  Actions or issues for which
 owners or operators have
 previously had opportunity to
 obtain review (the permit
 process, State authorization)
 cannot be subject to judicial
 review in civil or criminal
 enforcement proceedings. The
 Administrator's action in
 issuing, denying, modifying
 or revoking any permit, or
 granting, denying or
 withdrawing authorization is
 not subject to review in an
 enforcement action if review
 could have been obtained
 elsewhere under the law.
  The U.S. Attorney Genera
 is authorized to deputize '.
 employees to act as marshals
 in RCRA criminal
 investigations.  EPA is also
 authorized to conduct
 criminal investigations and to
 refer the results to the
Attorney General for
 prosecution.
  Under the Amendments,
 the endangerment provision
 was clarified. Those
 contributing to the
 endangerment, including past
and present generators.
 transporters and owneis or
operators of treatment,
storage and disposal facilities
are liable for conditions
resulting from past as well as
present activities. When EPA
proposes to settle such
actions, the agency is to
provide public notice, an
opportunity to comment in
writing and a public meeting
to discuss proposed
settlement terms.

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State Programs

and  Agencies

RCRA required EPA to
institute a national program
to control hazardous waste.
However, it was the intent of
Congress that where possible
states assume responsibility
for controlling such waste
within their borders, and
federal financial and  technical
assistance is available for
program development.
Section 3006 of the Act
specifically authorizes states
to operate their own
hazardous waste programs
after approval by EPA.
  To receive final approval a
state must show that it has
the resources to administer
and enforce a hazardous
waste program equivalent to
and consistent with the
federal program. Equivalent
means "equal in effect."
States may set more  stringent
standards, but they may not
impose any requirement that
might interfere with  the free
movement of hazardous
wastes across state
boundaries to treatment,
storage or disposal facilities
holding a RCRA permit.
  The deadline for a state to
obtain final authorization to
administer the national
hazardous waste program is
January 31. 1986. Eligibility
for final authorization will be
determined on the basis of
standards in effect prior to
application or January 26,
1983, whichever is later.
Requirements imposed under
the 1984 Amendments apply
immediately in all staies and
will be administered by EPA
until the state is authorized
to do so. EPA and a state may
enter into a cooperative
agreement regarding the
administration of the
program and joint permits
may be issued for those
requirements not yet
incorporated into the state
program. As of August  1985,
twenty-six states have been
granted final authorization to
administer the program.
Eight other states have
submitted applications and
two have been granted
tentative approval for final
authorization.
                 Rnal Authorization Status 8/12/85
                                         No Application

                                         Application Submitted to Hq.

                                         Tentative Determination

                                         Final Authorization'Granted
State Solid And
Hazardous Waste
Agencies

Alabama
Daniel E. Cooper, Director
Land Division
Alabama Dept. of Environmental
Management
1751 Federal Drive
Montgomery, Alabama 36130
CMM205) 271-7730
Alaska
Stan Hungerford
Air &  Solid Waste Management
Dept of Environmental Conservation
Pouch O
Juneau, Alaska 99811
CML (907) 465-2635
American Samoa
Pati Faiai, Executive Secretary
Environmental Quality Commission
American Samoa Government
Pago Pago, American Samoa 96799
Overseas Operator (Commercial Call
633-4116)
Randy Morris, Deputy Director
Department of Public Works
Pago Pago, American Samoa 96799
Ron filler, Manager
Office of Waste and Water Quality
Management
Arizona Department of Health Services
2005 North Central Avenue
Phoenix, Arizona 85004
CML (602) 257-2305
Arkansas
Vincent Blubaugh, Chief
Solid & Hazardous Waste Div.
Department of Pollution Control and
Ecology
P.O. Box 9583
8001 National Drive
Little Rock, Arkansas 72219
CML (501) 562-7444
California
Vacant, Deputy Director
Toxic Substances Control Programs
Department of Health Services
714 P Street, Room 1253
Sacramento, California 95814
CML (916) 322-7202
Michael Campos. Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, California 95801
CML (916) 445-1553
Sherman E. Roodzant, Chairman
California Waste Management Board
1020 Ninth Street, Suite 300
Sacramento, California 95814
CML '(9 16) 322-3330

-------
 Colorado
 Kenneth Waesche, Director
 Waste Management Division
 Colorado Department of Health
 4210 E. llth Ave.
 Denver, Colorado 80220
 CML (303) 320-8333

 Commonwealth Of Northern Mariana
 Islands
 George Chan, Administrator
 Division of Environmental Quality
 Department of Public Health and
 Environmental Services
 Commonwealth of the Northern Mariana
 Islands
 Saipan, CM 96950
 Overseas Operator:  6984
 Cable address: GOV. NMI Saipan

 Connecticut
 Stephen Hitchock, Director
 Hazardous Material Management Unit
 Department of Environmental Protection

 State Office Building
 165 Capitol Ave.
 Hartford, Connecticut 06106
 CML (203) 566-4924
 Micheal Cawley,
 Connecticut Resource Recovery
 Authority
 179 AllynSt., Suite 603
 Professional Building
 Hartford, Connecticut 06103
 CML (203) 549-6390

 Delaware
 William Razor. Supervisor
 Solid Waste Management Branch
 Department of Natural Resources and
 Environmental Control
 89 Kings Highway
 *\O. Box 1401
 Dover,  Delaware  19901
 CML (3.02) 736-4781

 District Of Columbia
 Angclo Tompros. Chief
 Department of Consumer fr Regulatory
Affairs
 Pesticiues & Hazardous Waste
 Management
 Room ] ;2
 5010 Overlook Avenue, S.W.
Wash.'  ton, D.C  20032
CML (2-ty,  7e/-o422

 Florida
 Robert W. McVety, Administrator
 Solid & Hazard'iu& Waste Sec (ion
 Department of Environmental
 Regulation
Twin Towers  Office Building
2600 Blair Stone Rd.
Tallahassee. Florida 32301
CML (9O4) 488-0300
 Georgia
 John Taylor, Chief
 Land Protection Branch
 Environmental Protection Division
 Department of Natural Resources
 270 Washington St. S.W., Room 723
 Atlanta, Georgia 30334
 CML ;404) 656-2833

 Guam
 James Branch, Administrator
 Guam Environmental Protection Agencv
 P.O. Box 2999
 Agana, Guam 96910
 Overseas Operator (Commercial Call
 646-8863)

 Hawaii
 Melvin Koizumi, Deputy Director
 Environmental Health Division
 Department of Healtn.
 P.O. Box 3378
 Honolulu, Hawaii 96801
 California FTS Operator
 3-556-0220
 CML (808) 548-4139

 Idaho
 Steve Provant, Supervisor
 Hazardous Materials Bureau
 Department of Health and Welfare
 State House
 Boise, Idaho 83720
 CML (208) 334-2293

 Illinois
 Robert Kuykendall, Manager
 Division o'f Land -Pollution Control
 Environmental Protection Agency
 2200 Churchill Rd. Room A-104
 Springfield, Illinois 62706
 CML (217) 782-6760
 William Child,  Deputy Manager
 Division of Land Pollution Control
 Environmental Protection Agency
 2200 Churchhill Rd. Room A-104
 Springfield, Illinois 62706
 CML (217) 782-6760

 Indiana
 David Lamm, Director.
 L.ind Pollution Control Division
 State Board of Health
 .330 West Michigan Street
 Indianapolis, Indiana 46206
 C!V,;. '317) 633-0169

 Iowa
 Ronald Kolpa
 Hazardous Waste Program Coordinator
 Dept. of Water, Air & Waste Mgmt.
 Henry A. Wallace Building
 900 East Grand
 Des Moines,  Iowa 50319
CML (515) 281-8925

 Kansas
Dennis Murphey, Manager
Bureau of Waste Management
Department of Health and Environment
F'orbes Field, Building 321
Topeka, Kansas 66620
CML (913) 862-9360
Ken :uci. y
J. A!px Bdj'jer, Director
Division of Waste Management
Department 01 Environmental Protection

Cabinet for Natural Resources and
Environmental Protection
18 Rei'.h fid.
Frankfo'-t. Keruucy 40601
CML (502) 5*i4-o716

Louisiana
Gerald J. Healy, Administrator
Solid Waste IVanagemrnt Division
Department of Environmental Quality
P.O. Box 44307
Baton Rouge, Louisiana 70804
CML (504) 342-1216
Glenn Miller. Administrator
Hazardous Waste Management Division
Department of Environmental Quality
P.O. Box 44307
Baton Rouge. Louisiana 70804
CML (504) 342-1227

Maine
David 3oulter, Director
Licensing and Enforcement Division
Bureau of Oil & Hazardous Materials
Department of Environmental Protection

State House — Station 17
Augusta, Maint: 043J3
CML (207) 2S9-2651

Maryland
Bernard Bigiiam
Wn_ite i.'Iaiiagement Administration
Department ol Health & Mental  H-/giene
201 W. Preston Strf*>.t, Room 212" "
Baltimore, Maryland 21201
CML (3011 225-5649
Alv.n Bowles.  Chief
Hazardous Wa* re D.visirn
Waste Management Administration
Department of Ht?kn & Menial  Hygiene
201 w. Preston Street
Baltimore, M.D. 2,201
Ronald Nel.ion, L>;p-ctor
Waste Management Administration
Office of Environmental Programs
Department of Health & Mental  Hygiene
201 West Pre-non Street - Room 212
Baltimore, Maryland 21201
CML (301)22;")-5647

Massachusetts
William Cass, Director
Division of Solid & Hazardous Waste
Department of Environmental Quality
Engineering
One Winter Street
Boston, Massachusetts 02108
CML (617) 292-5589

-------
 Michigan
 Delbert Rector, Chief
 Hazardous Waste Division
 Environmental Protection B. reau
 Department of Natural Resources
t Box 300? 8
 Lansing, Michigan 48909
 CML{5r, ; ,",73-2730
t Allan Howard, Chief
 Technical Services Section
 Hazardous Waste Division
 Department of Natural Resources
 Box 30028
 Lansing, Michigan 48909
 CMM517) 373-8448

 Minnesota
 Dale L. Wik-t . Director
 Solid and Hazardous Waste Division
 Pollution Control Agencv
 1935 West County Rd. B-2
 Roseville, Minnesota 551 13
 CML (6 12) 296- 7282

 Mississippi
 Jack M. McMillan, Director
 Division of Solid & Hazardous Waste
 Management
 Bureau of Pollution Control
 Department of Natural Resources
 P.O. Box 10385
 Jackson, Mississppi 39209
           961-5062
 Missouri
 Dr. David Bedan, Director
 Waste Management Program
 Department of Natural Resources
 117 East Dunklin Street
 P.O. Box 176
 Jefferson City, MO 65102
 CML (314) 751-3241

 Montana
 Duane L. Robertson, Chief
 Solid Waste Management Bureau
 Department of Health and
 Environmental Sciences
 'Cogswell Bldg.
 Helena, Montana 59602
 CML (406) 444-2821

 'Nebraska
 Mike Steffensmeier
 Section Supervisor
 Hazardous Waste Management Section
 Department of Environmental Control
 State House Station
 P.O. Box 94877
 Lincoln, Nebraska 68509
 CML (402) 471-2186

 Nevada
 Verne Rosse
 Waste Management Program Director
         of Environmental Protection
            of Conservation and Natural
New Hampshire
Dr. Brian Strohm, Assistant Director
Division of Public Health Services
Office of Waste Ma; >.ugemeiit
Department of Health and Welfare
Health and Welfare Building
Hazeri Drive
Concord. New Hampshire 03C' ,
CML vS03) 2 71-4608

New Jersey
Dr. Marwan Sadat, Director
Division of Waste Management
Department of Environmental Protection

32 E.  Hanover Street. CN-027
Trenton, New Jersey 08625
CML (609) 292-1250

New Mexico
Richard Perkins, Acting Chief
Groundwater & Hazardous Waste
Bureau
Environmental Improvement Division
N.M. Health & Environment Department

P.O. Box 968
Santa Fe, New Mexico 87504-0968
CML (505) 984-0020
Peter  Pache  Program Manager
Hazardous Waste Section
Groundwater & Hazardous Waste
Bureau
Environmental Improvement Di¥- ision
N.M. Health and Environment
Department
P.O. Box 968
Santa Fe, New M^xiro 87504-0968
CML (505) 984-0020 Ext 340

New York
Norman H. Nosenc^uck, Director
Division of Solid & Hazaidous Waste
Department of Environmental
Conservation
50 Wolf Rd..  Room 209
Albany, New York  12233
CML (518) 457-6603

North Carolina
William L. Meyer, Head
Solid  & Hazardous Waste Management
Branch
Division of Health Services
Department of Human Resources
P.O. Box 2091
Raleigh, North Carolina 27602
CML (919) 733-2178

North Dakota
Martin Schock, Director
Division of Hazardous Waste
Management and Special Studies
Department of Health
1200  Missouri Ave., 3rd floor
Bismarck, North Dakota 58501
CML (701)224-2366
 Capitol Complex
 201 South Fall Street
 Carson City, Nevada 89710
 CML (702) 885-4670
Ohio
Steven While, Chief
Division ol Solid & Hazardous Waste
Management
Ohio EPA
361 East Broad Street
Columbus,, Ohio 43215
<>1L 1614)466-7220

Oklahoma
Dwain Farley, Chief
Waste Management Service
Oklahoma Slate Dept. of Health
P.O. Box 53551
1000N.E.  10th St.
Oklahoma City. Ok. 73152
CML (405) 271-5338

Oregon
Mike Downs, Administrator
Hazardous & Solid Waste Division
Department of Environmental Quality
P.O. Box 1760
Portland, Oregon 97207
CML '(503) 229-5356

Pennsylvania
Donald A. Lazarchik, Director
Bureau of Solid Waste Management
Department of Environmental Resources

Fulton Building - 8th floor
P.O. Box 2063
Harrisburg, FA 17120
CML (717) 787-9870

Puerto Rico
Santos rv-iuria. Director
6olid, Toxics. & hazardous Waste
Program
Environmental Quality Board
P.O. Box 11488
Santurce, Puerto Rico 00910-1488
CML (809j 725-0439

Rhode Island
John S. Quinn, Jr., Chief
Solid Waste Management Program
Denartment of Environmental
Man.. Demerit
204 Cannon Building
75 Da/-' >reet
Providers ;. Rhode Island 02908
CML (40 i) 277-2/97

South Carolina
Robert E. Malpass, Chief
Bureau of Solid and Haz. Waste Mgtm.
S.C. Dept of Health & Environmental
Control
2600 Bull Street
Columbia, South Carolina 29201
CML (803) 758-5681

South Dakota
Joel C. Smith, Administrator
Office of Air Quality & Solid Waste
Department of Water &  Natural
Resources
Joe Foss Building
Pierre, South Dakota 57501
CML (605) 773-3329

-------
 Tennessee
 Tom Tiesler, Director
 Division of Solid Waste Management
 Bureau of Environmental Services
 Tennessee Department of Public Health
 150 9th Ave, North
 Nashville, Tennessee 37203
 CML (615) 741-3424

 Texas
 Jack Carmichael, Chief
 Bureau of Solid Waste Management
 Texas Department of Health
 1 100 West 49th Street, T-602
 Austin, Texas 78756-3199
 CML (512) 453-7271
 Jay Snow, Chief
 Solid Waste Section
 Texas Department of Water Resources
 1 700 North Congress
 P.O. Box 13087, Capitol Station
 Austin, Texas 78711
 CML (5 12) 463-8177

 Utah
 Dale Parker, Director
 Bureau of Solid and Hazardous Waste
 Management
 Department of Health
 P.O. Box 2500
 1 50 West North Temple
 Salt Lake City, Utah 841 10
 CML (801) 533-4145

 Vermont
 Richard A. Valentinetti, Director
 Air and Solid Waste Programs
 Agency of Environmental Conservation
 State Office Building
 P.O. Box 489
 Montpelier, Vermont  05602
 CML (802) 828-3395

 Virgin Islands
 Robert V. Eepoel. Director
 Hazardous Waste Program
 Division of Natural Resources
 Department of Conservation and
 Cultural Affairs
 T. O. Box 434C. Charlotte Amalie
 Sc. Thomas, Virgin Islands 00801
 D.C. Overseas Operator 472-6620
 CML (809) 774-6420
Washington
Earl Tower, Supervisor
Solid & Hazardous Waste Mgmt. Division

Department of Ecology
Olympia. Washington 98504
CML (206) 459-6316
Linda L. Brothers, Assistant Director
Office of Hazardous Substance & Air
Quality Programs
Department of Ecology
Olympia, Washington 98504
CML (206) 459-6253

West Virginia
Timothy Laraway, Chief
Division of Water Resources
Department of Natural Resources
1201 Greenbrier Street
Charleston, West Virginia 25311
CML (304) 348-5935

Wisconsin
Paul Didier, Director
Bureau of Solid Waste  Management
Department of Natural Resources
P.O. Box 7921
Madison, Wisconsin 53707
CML (608) 266-1327

Wyoming
Charles Porter, Supervisor
Solid Waste Management Program
State of Wyoming
Department of Environmental Quality
Equality State Bank Building
401 West 19th St.
Cheyenne, Wyoming 82002
CML (307) 777-7752
Wiiiiam F. Gilley, Director
Division of Solid and Hazardous Waste
Management
Virginia Department of Health
Monroe Building llth floor
101 North 14th Street
Richmond, Vir.ainia  23219
CML (804) 225-2667
H)

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Contents
                                                        The 1984
                                                        Amendments  In
                                                        Detail
Small Quantity Generators 	 11

"Banned Waste"	 12

Other Land Disposal Restrictions 	 12

Retrofitting Surface Impoundments 	 12

Storage of Banned Waste	 13

Minimum Technology Standards  	 13

Groundwater Monitoring	 13

Corrective Action  	 13

Permits	 14

Exposure Assessments	 14

Waste Minimization	 14

Listings & Other Measures to Add Wastes  	 14

Delistings 	 14

Burning/Blending	 14

Used Oil	 15

Burning of Municipal Waste	 15

Domestic Sewage  	 15

Hazardous Waste Exports	 15

Mining Waste. Utility Waste & Cement Kilri Dust 15

Uranium Mill Tailings	 15

     Implementation	 15

     Subtitle D Criteria  	 16

Other RCRA Subtitle D Related Provisions	 16

Procurement Guidelines  	 16

Inventory of Injection Wells	 16

Inventory of Federal Facilities 	 16

Inspections	 16

Federal Enforcement	 16

Court Authority 	 16

Citizen Rights 	 16

Direct Action  	 17

Groundwafer Commission   	 17

Underground Tanks	 17
Small Quantity

Generators

(SQGS)

After August. 1985 SQG
waste not managed at a
permitted Subtitle C
installation may be disposed
of only at a State-approved
municipal or industrial
facility. By March 31, 1986,
EPA must promulgate
standards for waste generated
in quantities between
100-1000 kg/month: the rules
may vary from conventional
Subtitle C regulations, but
must protect human  health
and the  environment.
  At a minimum, the
standards must not allow
on-site storage more than 180
days* without a permit, and
all other management of SQG
waste must occur at a
permitted Subtitle C facility.
If EPA fails to promulgate
standards on time, SQG
waste generated above 100
kg/month becomes subject to
the  minimum requirements
described above plus
exception reports and
retention of manifests for
three years. By August. 1985
waste generated In quantities
between 100  and 1000
kg/month must be
accompanied by a Uniform
Manifest.
  By April 1.  1985, EPA must
submit a study characterizing
the generators,  wastes.
practices and risks posed by
wastes in quantities less than
1000 kg/month. By April 1,
1987, EPA must submit
studies on the feasiblility of
establishing a licensing
system whereby transporters
assume the responsibilities of
SQGs, the merits of retaining
the existing manifest system
for SQG waste, and the
problems associated with the
disposal of hazardous waste
generated by educational
institutions.
  Within  30 months of
enactment, EPA  must inform
SQGs of their responsibilities
under the 1984 amendments.
for which 8500,000/year is
authorized for FY 1985
through 1987.
                                                        The onsite storage period may be
                                                        extended to 270 days for waste
                                                        transported more than 200 miles
                                                        if it does not exceed 6.000 kgs.
                                                                                                            11

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 Banned Waste

 EPA must determine whether
 to ban the land disposal of a
 third of wastes listed as
 hazardous in 45 months,
 two-thirds of listed wastes in
 55 months, all listed and
 characteristic wastes in 66
 months and for wastes listed
 after enactment, six months
 after listing.
   The land disposal of a
 hazardous waste must be
 banned unless EPA
 determines that the
 prohibition  is not required in
 order to protect human
 health and the environment.
 A petitioner must
 demonstrate there will be no
 migration from the disposal
 unit/' injection zone for as
 long as the waste remains
 hazardous. EPA must
 promulgate regulations
 specifying levels or methods
 of treatment, ff any, which
 substantially diminish the
 toxicity of the waste or
 substantially reduce the
 likelihood of migration of
 hazardous constituents such
 that threats to human health
 and environment are
 minimized. "Otae~wise
 banned" wastes so treated  are
 exempt.
   Other than for disposal in
 injection wells, EPA must
 decide whether to ban the
 land disposal of dioxins and
 solvents within 24 months of
 enactment, and eight months
 later the "California wastes."
 The decision whether to ban
 these wastes from injection
 wells must be made within 45
 months of enactment. Within
 24 months EPA must publish
 a schedule for determining
 whethef to ban the land
 disposal of listed hazardous
 wastes. High hazard/high
 volume wastes must be
 scheduled first. The schedule
 is not subject to paperwork
 reduction or judicial review.
  Land disposal prohibitions
 are effective immediately
unless:

*  another date is selected
because, on a national scale,
alternative capacity is
unavailable. Postponement
beyond two years is
impermissible.

• a variance is granted to an
individual facility. Variances
can be granted for one year
and renewed for an additional
year upon a showing of a
binding contractual
commitment to provide
alternative capacity,  but
disposal in a landfill or
surface impoundment  must
be at a facility in compliance
with the minimum
technology described infra in
#6.

  The prohibitions for
dioxins, solvents and the
California wastes do not apply
for 45 months to
contaminated soil debris from
cleanup and removal actions.
If EPA fails to make a
determination during the
allotted time for the
California wastes, dioxins,
solvents, the characteristic
wastes and the "last  third" of
the listed wastes, land
disposal of such waste is
prohibited.
  If EPA fails to make =>
determination during *he
allotted time for the "first and
second thirds" of the listed
wastes, disposal in a landfill
or surface impoundment is
permissible only if the
generator certifies no
alternative capacity and
disposp' is at a facility in
compliance with minirr jrn
technology requirements.
However, if EPA fails to make
a determination within 66
months of enactment, land
disposal is prohibited.
Other

Land-Disposal

Restrictions

Within six months of
enactment, the landfilling of
bulk or non-containerized
liquids is prohibited. Within
12 months the disposal of
nonhazardous liquids is
prohibited in Subtitle C
facilities unless the only
reasonable alternative is
disposal in a non-Subtitle C
landfill or unlined
impoundment that contains
or may contain hazardous
waste, and such disposal will
endanger a potable-water
aquifer.
  Within 15 months EPA
must promulgate regulations
to minimize landfilling of
containerized hazardous
liquids, and prohibit the
landfilling of liquids absorbed
in materials that biodegrade
or release liquids when
compressed.
  The placement of bulk
liquids in salt domes, salt
beds, underground mines or
caves is prohibited until EPA
promulgates placement rules
and the facility receives a
permit. Containerized
hazardous waste cannot be
dumped therein until the
facility receives a permit. The
Waste Isolation Pilot Project
in New Mexico is not subject
to these restrictions. Oil
contaminated with
hazardous,  except ignitable,
wastes cannot be used as a
dust suppressant.
  Within six months of
enactment (or sooner if a
State has primacy),
hazardous waste cannot be
injected into or above any
formation which contains,
within '/4 mile of the well, a
potable water aquifer unless
it is part of certain actions
under CERCLA or RCRA.
Retrofitting

Surface

Impoundments

Interim status impoundments
must either comply with the
double-liner, leachate
collection and groundwater
monitoring requirements for
new impoundments described
below in #6 or stop receiving,
storing or treating hazardous
waste within four years of
enactment for current
impoundments or within foui
years of the date such an
impoundment becomes
subject to Subtitle C.
Exempted impoundments,
other than wastewater
impoundments that no longei
qualify for the exemption,
must comply within two yean
of discovery of the
disqualifying condition.
Subsequently disqualified
wastewater impoundments
have three years to retrofit.
  Impoundments not
within 1/4 mile of a
drinking-water aquifer, have
at least one liner that
complies with the current
Part 264 standards for new
impoundments and for whicl
there is no evidence the liner
is leaking, and are in
compliance with the Part 264
groundwater monitoring
requirements, are exempt
from supra. Wastewater
impoundments conducting
"aggressive" biological
treatment, and various
downstream impoundments
subject to a §402 CWA
permit, in compliance with
the Part 264 groundwater
monitoring requirements,
and part of a facility in
compliance with Best
Available Technology (BAT)
effluent guidelines, are also
exempt.
  The same applies where nc
BAT guideline is applicable,
the facility is not
implementing BAT
BPJ permit and the
impoundment is part of a
facility with a §402 CWA
permit achieving a significar
degradation of hazardous
12

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constitutents in the
untreated wastestream, and
where impoundments are
designed, located and
operated to prevent the
migration of any hazardous
constituent into ground-water
or surface water at any future
time and for which EPA has
modified retrofitting
requirements. Also exempt:
impoundments for which,
prior to the date of
enactment, EPA or an
authorized state had  entered
into a consent decree, order
or agreement mandating
corrective action equivalent to
double-liner and leachate
collection.
  If EPA determines an
exempted impoundment is
likely to leak hazardous
constitutents to groundwater,
it may impose any
requirement necessary to
protect health and
environment including
retrofitting. An exempted
impoundment, other  than a
wastewater impoundment
found to be leaking, or
otherwise no longer
qualifying for the exemption,
must be retrofitted. An
exempted wastewater
impoundment found  to be
leaking  must be retrofitted
unless EPA determines with
three years of enactment that
it is not necessary to  protect
health and environment.
  To obtain an exemption
owners or operators must
apply within 24 months of
enactment, submit a  Part B
application and
leakage-to-groundwater
monitoring data, and provide
certification by a registered
professional engineer that the
impoundment meets
applicable criteria. EPA must
provide for notice and
comment and process the
application within 12 months
of receipt. EPA must submit a
report to Congress on the
environmental consequences
 if wastewater impoundment
  emption and on the
feasibility and cost of deleting
it.
Storage of
Banned Waste

Surface impoundments that
store or treat hazardous
wastes banned from land
disposal units must remove
hazardous residues within
one year, comply with
requirements for new
impoundments described
below in #6 unless the
impoundment meets the
conditions for a retrofitting
waiver, and be solely for the
purpose of accumulating
sufficient quantities for
proper subsequent
management.


Minimum

Technology
Standards

A landfill unit or
impoundment for  which a
Part B application has not
been received by the date of
enactment must have a
double liner with leachate
collection above and between
the liners respectively, and
monitor ground water. Within
two years of enactment, EPA
must promulgate
implementing regulations or
issue guidance documents.
Meanwhile, a synthetic or clay
liner system may be installed.
Where the owner or operator
can demonstrate that an
alternative design,
considering location
charcteristics, is as effective
in preventing migration of
hazardous constituents to
ground water, a double liner
will not be required except in
Alabama. Certain  monofills
containing foundry wastes
are also exempt.
  Expansions and
replacements of interim
status landfills,
impoundments and piles that
receive waste six months after
enactment are subject to the
same requirements as supra.
Owners and operators of such
landfills and impoundments
must notify EPA sixty days
before the unit receives
waste, and submit a Part B
application  six months
afterwards.  EPA may not
require those who installed
double-liner systems in
good-faith compliance with
regulations or guidance
documents  to alter these
systems in order to receive a
permit. However, if a liner is
leaking, EPA may require
replacement.
  Interim status landfills,
impoundments, land
treatment facilities and piles
that received waste after
August 26,  1982 are subject
to the requirements for
groundwater monitoring,
unsaturated zone monitoring
and corrective action
applicable to new facilities.
  Incinerators receiving
pei mits after the date of
enactment must achieve a
99.99 percent ORE.
  Within  18 months of
enactment, EPA must publish
guidance criteria identifying
areas of vulnerable
hydrogeology, and write
regulations for the acceptable
location of new and existing
hazardous waste facilities.
Within 30 months. EPA must
promulgate standards for leak
detection and air emissions.


Groundwater
Monitoring

Part 264/5 variance from
groundwater mointoring
standards for certain
double-lined facilities is
eliminated. EPA is authorized
to exempt from
groundwater-monitoring
requirements land-disposal
units designed to prevent
liquids from entering the unit
and equipped with
multiple-leak detection
systems.
Corrective Action

EPA must promulgate
regulations that require
evidence of financial capacity
for clean-ups, and as soon as
practicable, amend hazardous
waste regulations to  require
corrective action beyond the
facility boundary. The
regulations will take effect
immediately upon
promulgation, and apply to all
permitted facilities and
interim status landfills.
impoundments and piles that
received waste after August
26, 1982. Until then EPA
must issue corrective action
orders on a case-by-case basis
as necessary to protect health
and environs.
  All permits issued after the
date of enactment must
address releases of hazardous
waste or constitutents
regardless of type of unit,
when waste was placed in it
or whether the unit  is closed.
Owners and operators must
prove their financial ability to
clean up. EPA is authorized
to issue administrative orders
requiring corrective  action for
releases of hazardous waste
from interim status  facilities.
and to sue  those responsible.
                                                                                                                 13

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 Permits

 Permits must be renewed
 every 10 years and
 land-disposal permits must
 be reviewed every five years.
 Renewals are subject to
 regulations applicable to new
 permits and must reflect
 improvements in control and
 measurement technology.
 Interim status terminates
 unless a Part B application is
 submitted according to the
 following schedule:
                10
                3
                £8
5*
facility
land disposal
incinerators
other

EC
II
Oct.
1985
Oct.
1989
Oct.
1992
11
§3
Oct.
1985
Oct.
1986
Oct.
1988
  Land disposal
 owner/operators must also
 certify compliance with
 groundwater monitoring and
 financial responsibility
 requirements to retain
 interim status. EPA or the
 States must process permit
 applications within four, five
 and eight years of the date of
 enactment for land disposal
 units, incinerators and other
 facilities, respectively. EPA is
 authorized to issue one-year
 permits, renewable each year
 up to four years, for
 experimental facilities
 without first issuing
 permitting standards under
 83004.
  Interim status is granted to
 facilities that become subject
 to Subtitle C as a result of the
 1984 amendments or
 implementing regulations. A
 permit is required before
 construction of a hazardous
 waste facility can begin,
 except for PCB incinerators
 approved under TSCA.
 Exposure

 Assessments

 Within nine months of
 enactment, permit
 applications for landfills and
 surface impoundments must
 be accompanied by an
 assessment of the potential
 public exposure to hazardous
 substances.  Facilities whose
 applications have already
 been submitted have nine
 months to submit the
 assessment. The Agency for
 Toxic Substance and Disease
 Registration (ATSDR) is to
 conduct health assessments
 of communities where
 evidence indicates substantial
 risk.


 Waste

 Minimization

  After September 1. 1985,
 manifests must contain
 generator certification that
 volume and or quantity and
 toxicity of waste has been
 reduced to the maximum
 degree economically
 practicable. Thereafter,
 generators must annually
 certify their efforts to reduce
 waste volume and the
 reduction actually achieved.
 By October 1, 1986, EPA
 must submit a report to
 Congress on the feasiblity
 and desirability of
establishing waste
minimization rules.
 Listing And

 Other Measures

 To Add  New

 Wastes

 EPA must determine whether
 to list the following wastes
 within the following dates of
 enactment: six months:
 chlorinated dioxins and
 dibenzofurans; 12 months:
 other halogenated dioxins
 and dibenzofurans; 15
 months: coal slurry pipeline
 effluent, coke byproducts,
 chlorinated aliphatics, dioxin,
 dimethyl hydrazine, TDI,
 carbamates, bromacil,
 linuron, organobromines,
 solvents, refining wastes,
 chlorinated aromatics, dyes
 and pigments, inorganic
 wastes, lithium batteries and
 paint-production wastes.
  In addition, EPA and
 ATSDR must identify wastes
 hazardous solely because they
 contain, for example,
 recognized carcinogens at
 levels beyond which human
 health is endangered. Within
 2 years of enactment EPA
 must identify additional
 charcteristics, including
 measures of toxicity. Within
 28 months the agency must
select media that accurately
predict leaching potential of
wastes that threaten health
and environs when
 mismanaged.
                             Delisting
                             EPA 'must consider factors in
                             addition to those for which
                             the "vvaste was listed when
                             processing delisting petitions,
                             and must provide notice and
                             comment beforehand.
                             Temporary delistings not
                             finalized within 24 months of
                             enactment lapse summarily.
                             To the extent practical, new
                             petitions must be processed
                             within 24 months of the date
                             EPA receives a complete
                             application. Temporary
                             exclusions are prohibited
                             without prior notice and
                             comment.
 Burning/Blending

 Within 15 months of
 enactment, individuals who
 produce, burn, and distribute
 or market hazardous
 waste-derived fuel must notify
 EPA. Within 15 months EPA
 must promulgate
 recordkeeping requirements
 for such activity, and within
 two years EPA must
 promulgate technical
 standards for them and those
 who transport such fuel.
 Within 90 days of enactment,
 invoices for hazardous
 waste-derived fuel must bear
 a warning label, except for
 fuels from petroleum refining
 operations where
 oil-containing hazardous
 wastes are reintroduced to
 the refining process.
  Until regulations are
 promulgated, certain cement
 kilns cannot burn hazardous
 waste-derived fuel unless the;
 comply with incinerator
 standards. Hazardous-waste
 derived coke is exempt from
 labeling and recordkeeping
 requiremenfs andTegulations
 for producers, burners and
 distributers, provided the
 coke is derived from onsite
 refinery wastes and does not
 meet any of the listing
characteristics. EPA may
exempt from these
 requirements facilities
burning "de minimis"
quantities of hazardous
waste, provided they meet
certain requirements.
                                                                                                                i
14

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   sed Oil
Within 12 months of
enactment, EPA must
propose whether to list used
automotive oil as hazardous
waste and, within 24 months,
make a final determination
regarding automotive and
other used oil. The
performance standard for
used oil regulations under
§3014 is to protect human
health and the environment
(as well as to promote
recycling). Recycled used oil is
exempt from the §§ 3002 and
3003 standards for
generators and transporters.
Instead, EPA must
promulgate within 24 months
of enactment special
standards and subject
recyclers to conventional
§3004 standards.
  Generators who enter into
an agreement to deliver used
oil to a permitted recycling
facility are exempt from the
manifest requirements,
"" rovided they do not mix
    rdous waste with the oil
and keep records as the
Administrator deems
necessary. EPA is authorized
to abjure issuance of class
permits for certain generators
and transporters who treat or
recycle used oil,  but may
tailor permits to individual
cases.


Burning Of

Municipal  Solid

Waste

The combustion of municipal
solid waste at a resource
recovery facility is exempt
from the Subtitle C
requirements, provided that
the owner or operator takes
precautions to ensure that
hazardous wastes are not
burned. As soon as
practicable, EPA must submit
a report to Congress on the
    «of dioxin emissions from
   urce recovery facilities
    burn municipal solid
wastes and on means to
control them.
Domestic
Sewage
Within 15 months of
enactment, EPA must report
to Congress on hazardous
wastes exempt from Subtitle
C because mixed with
domestic sewage or other
wastes that pass through
sewers to POTWs. Then,
within 18 months, EPA must
promulgate rules to assure
that these wastes are
adequately controlled to
protect human health and the
environment. Within 36
months of enactment, EPA
must submit a report to
Congress on wastewater
lagoons at POTWs and their
effect on groundwater. RCRA
inspection and notification
requirements apply as much
to solid or dissolved materials
in domestic sewage as to
other hazardous wastes.


Hazardous Waste

Exports

Within 24 months of
enactment, no one may
export hazardous waste
unless he has filed a
notification, the receiving
country has agreed in writing
to accept the waste, a copy of
the consent is attached to the
manifest and shipment
conforms to terms of consent.
Within 12 months of
enactment EPA must
promulgate implementing
regulations. Bilateral
agreements between the U.S.
and the receiving country
establishing hazardous waste
export procedures supercede
supra, but exporters must file
annual reports to EPA.
Mining Waste,
Utility Waste
And Cement  Kiln
Dust

EPA is authorized to modify
certain requirments for these
wastes to take into account
their special characteristics
and sites, provided that
health and environs are
protected. This discretion is
restricted to three aspects of
Section 3004 requirements
for landfills and surface
impoundments: double-liners
(including retrofitting for
surface impoundments), prior
releases and land-disposal
restrictions.

Uranium  Mill
Tailings

Regulations under UMTRCA
for mill tailings are not
effected by the 1984 RCRA
amendments.
State

Implementation

For final authorization,
States must meet standards
in effect prior to State
application or January 23,
1983, whichever is later. To
obtain or maintain
authorization. States must
make available to the public
information they have
obtained on TSDFs to the
extent such information
would be available if EPA
were running the program.
The deadline to obtain final
authorization is extended by
one year.
  Any requirement imposed
under the 1984 amendments
applies immediately in
authorized States until their
programs are revised to
incorporate the requirements.
EPA administers the
requirements until the States
receive  authorization; States
with provisions substantially
equivalent to the new
requirements may apply for
interim authorization to
administer them. EPA is
authorized to enter into
cooperative agreement with
States to assist in the
administration of the 1984
amendments. EPA is also
authorized to jointly issue
permits with the States for
those requirements not yet
incorporated into State
programs.
  States are authorized to
require that copies of
manifests for intra-State
shipments be sent to them.
                                                                                                             15

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 RCRA Subtitle D

 Criteria

 Within 36 months of
 enactment, EPA must submit
 a report to Congress
 determining whether the
 §§1008(a) and 4004 criteria
 are adequate to protect health
 and environs from
 groundwater contamination,
 and recommending whether
 additional authority is needed
 to enforce them. By March
 21. 1988, EPA must revise
 the criteria for facilities that
 may receive hazardous
 household or SQG waste. The
 criteria must protect health
 and environs. At a minimum,
 EPA will require groundwater
 monitoring, establish location
 criteria and provide for
 corrective action as
 appropriate.
  Within 36 months of
 enactment, each State.must
 develop a program to ensure
 that municipal facilities
 comply with existing criteria.
 Within 18 months of
 promulgation of the revised
 criteria. States must develop
 a program to ensure
 compliance; if States fail to
 do so EPA may enforce them.
 $15Mofthe 1985
 appropriation for State grants
 and $20M per year of the
 1986-88 appropriation can be
 used to implement the
 criteria.  •


 Other RCRA
 Subtitle O-Related

 Provisions

 State solid waste plans for
 waste-to-energy facilities
 must consider present and
 future needs of recycling and
 resource recovery interests,
 including those created by
 the implementation of §6002.
 By October 1, 1986, EPA
must submit a report to
Congress on methods for
extending the useful life of
sanitary landfills and for
putting closed landfills to
more efficient use.
 Procurement

 Guidelines

 Each procuring agency is
 required to push the
 preferential purchase of items
 containing recovered
 materials. EPA must
 promulgate guidelines for
 paper within 180 days of
 enactment, and for three
 additional products
 (including tires) by October 1,
 1985. The Office of
 Procurement Policy must
 submit biennial reports to
 Congress on federal progress
 in promoting the use of
 recovered materials.


 Inventory Of

 Injection  Wells

 Within six months of
 enactment EPA must submit
 to Congress an inventory of
 hazardous-waste injection
 wells.


 Inventory of

 Federal TSD

 Facilities

 Each federal Agency must
 submit to EPA biennially an
 inventory of each treatment,
 storage or disposal facility
 (TSD) it owns or operates.
Agencies  need not resubmit
 information already
 submitted under §103 of
 CERCLA or §§3005 and 3010
of RCRA.  EPA must conduct
 this inventory where Federal
agencies decline to do so.
 Inspections

 EPA must inspect annually
 each hazardous-waste facility
 operated by a State or
 municipality. EPA must, and
 authorized States may,
 inspect each federally owned
 or operated TSD facility
 annually. At least every two
 years, EPA (or authorized
 States) must inspect
 privately-operated facilities.
 EPA will  promulgate
 regulations governing the
 minimum frequency and
 manner of such inspections.
 Within six months EPA was
 required to submi,. a report to
 Congress on the merits of
 using private inspectors to
 supplement government
 inspections.


 Federal

 Enforcement

 EPA is authorized to assess
 civil penalties
 administratively for past as
 well as present violations of
 RCRA. EPA was provided new
 corrective-action order
 authority regarding releases.
 In addition, the broad
 imminent and substantial
 endangerment authority is
 clarified.  Section 7003 applies
 to past generators and to
 situations or sites where past
 acts or failures to act may
 have contributed to present
 endangerment of health and
 environs. EPA must notify
 local officials and post a sign
 at sites posing an imminent
 and substantial threat to
 health and environs. EPA
 must provide for public notice
 and comment before entering
 into a settlement or covenant
 not to sue under §7003.
  The maximum criminal
penalties  are raised and
criminal actions are expanded
to include violations of
interim-status standards,
failure to  file required
reports, and transportation of
hazardous waste without a
manifest. The category of
actions subject to the
 "knowing endangerment"
 provision of §3008(e) is alsc
 expanded.
  The Attorney General is
 authorized to deputize EPA
 employees to act as special
 marshals in RCRA criminal
 investigations. EPA is
 authorized to conduct
 criminal investigations and
 refer the results to the
 Attorney General for
 prosecution.


 Review of

 Permits  in

 Enforcement

 Proceedings

 Defendants in enforcement
 proceedings cannot challenj
 permit terms and condition;
 of State program provisions
 that could have been
 challenged at the time of
 permit issuance.


Citizens  Rights


Citizen Suits

* Citizens are authorized to
bring actions under §7003 i
cases where past or present
management of hazardous
waste presents an imminent
hazard. This right is
circumscribed in several waj
(e.g., where EPA or the Stat<
is diligently bringing and
prosecuting an action under
§7003 of RCRA or §106 of
CERCLA, or has settled the
action by entering into a
consent decree).

• Common carriers are
immunized from citizen suit
16

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  for imminent hazards arising
  after shipments are delivered
  to the consignee.

  •  Citizens are authorized to
*. bring an action against
  persons engaged in open
  dump activities.

• Imminent Hazard: Section
  7003 applies to past
  generators and to situations
  or sites where past acts or
  failures to act may have
  contributed to a present
  endangerment to HH&E. The
  Administrator is prevented
  from bringing an action
  against common carriers for
  imminient hazards arising
  after delivery  of the shipment
  to the consignee.

  Immediate Notice: EPA must
  notify local officials and post
  a sign at sites posing an
  imminent and substantial
  threat to HH&E.

  Public Participation: EPA
  must provide  for public notice
      comment before entering
      a settlement or covenant
  not to sue under §7003.

  Ombudsman: EPA must
  establish an Office of
  Ombudsman  to provide
  information, receive
  complaints and assist in their
  resolution. The Office
  terminates four years after
  enactment.


 . Direct Action

  Claimants are provided a
 .-right of direct action against
 ' guarantors, guarantors may
  invoke as a defense the terms
  and conditions of the
  guarantor's insurance policy
  with the owner/ operator, and
  the guarantor's liability under
  RCRA is limited to the
  amount the guarantor
  provided as evidence of
  financial responsibility.
Ground water
Commission

A commission is established
until January 1, 1987 to
assess groundwater issues
and to submit several reports
to Congress. $7M is
authorized for 1985-87.
Underground

Tanks

EPA was required by March
1, 1985 to issue regulations
under Subtitle C of RCRA for
undergound tanks containing
hazardous wastes. Within 48
months of enactment, EPA
must modify these
regulations to include the
standards required under
Subtitle I. The latter
establishes a program to
control underground tanks
containing regulated
substances (i.e., petroleum
and CERCLA
hazardous-chemical
products).
  Only tanks with 10%  or
more of their volume
underground (including the
volume of pipes) are covered.
Excluded, among other
entities, are farm  and
residential tanks storing
motor fuels, noncommercial
heating-oil tanks, septic
tanks, pipelines regulated
under other Acts, surface
impoundments, stormwater
and wastewater collection
systems, and flow-through
process tanks.
  Notification is as follows:
Month

6    States identify agency
     responsible for receiving
     notification form

12   EPA and the States
     design notification form

12   owners of currently-used
     tanks notify designated
     state agency

18   owners of tanks
     decommissioned within
     past ten years notify
     state agency

13-  suppliers of regulated
31   substances inform tank
     owners/operators of
     their responsibility to
     notify states/EPA

31 + tank sellers inform tank
     purchasers of their
     responsibility to notify
     states/EPA within 30
     days of start-up.


  Within 180 days of
enactment, and until the
effective date of the standards
infra, a tank may be installed
or brought into use only if it
will prevent releases due to
corrosion or structural failure
throughout its operational
life; it is cathodically
protected, constructed of or
steel-clad with noncorrosive
material, or designed in a
manner to prevent  the release
of the stored substance; the
material used in constructing
or lining the tank is
compatible with the
substance to be stored; or in
lieu of supra the tank is
located in soil of resistivity
greater than 12,000 ohm/cm.
  EPA must issue regulations
that protect health and the
environment on the following
schedule:
Month

27   petroleum tanks

33   new non-petroleum
     tanks

45   existing non-petroleum
     tanks
  For existing tanks the
regulations must include
requirements for leak
detection or inventory-control
systems, recordkeeping and
reporting, corrective actions.
financial responsibility for
corrective action and
third-party liability and
closure. For new tanks the
regulations must include
requirements for design,
construction, installation,
release-detection and
compatibility standards.
  Within 30 months States
may apply to administer the
underground tank program
in lieu of EPA,  but their
requirements must be no less
stringent than ours. Grace
periods are provided for
States  that must adopt
regulatory or legislative
changes to meet this
standard. Within 12 months
of enactment EPA must
conduct a study of petroleum
tanks,  and within 36 months
studies of tanks containing
other regulated substances
and certain exempted tanks.
  There are no criminal
penalties. The civil penalties:

$25K for noncompliance with
an administrative order

$10K for knowing violation of
notification rules

$10K for noncompliance with
all other requirements

  During 1985-88, $40M is
authorized for EPA to develop
the program and $100M for
State grants.
                                                                                                                    17

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