United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
  PB96-207 253
EPA530-R-96-044
         RCRA, Superfund & EPCRA
              Hotline Training Module
     Introduction to:
          RCRA State Programs
             Updated June 1996

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                                          DISCLAIMER   -

This document was developed by Booz-Allen & Hamilton Inc. under contract 68-W6-0016 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.

The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.

The information in mis document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any-
party in litigation with the United States.                      .
                      RCRA, Superfund & EPCRA Hotline Phone Numbers:
            National toll-free (outside of DC area)
            Local number (within DC area)
            National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703)412-9810
(800) 553-7672
                   The Hotline is open from 9 am to 6 pm Eastern Standard Time,
                        Monday through Friday, except for federal holidays.

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                           STATE PROGRAMS
                                CONTENTS
1. Introduction	-.	  1

2.- Regulatory Summary...'	.-	  3
      2.1  State Authorization	.	;	;....  3
      2.2  State Authorization Applications	•	;	  3
      2.3  EPA Approval Process.'	  6'
      2.4  The  Cluster Rule	  8
      2.5  Effect of RCRA/HSWA Authority	 10
      2.6  Compliance. Schedules and Withdrawals.....	 11
      2.7  Interim Authorization	:	 11

3. Special Issues	'.	...i	 13

4. Regulatory Developments	:	.-.:	:	 15
      4.1  Streamlined. Revision Process	:	 15
      4.2  Authorization for Indian Tribes	 15

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                                                             RCRA State Programs -1
                           1.  INTRODUCTION
The Resource Conservation and Recovery Act (RCRA) addresses an enormous   .
problem facing the nation — how to safely manage the huge volumes of solid and
hazardous waste generated in this country.  The statute lays put the framework for
such a program, and Congress charged EPA to develop and oversee the
implementation of regulations governing the identification and management of
hazardous wastes. Congress intended for states to assume responsibility for
implementing the RCRA Subtitle C program with oversight from the federal
government. The rationale was that states are more familiar with the regulated
community and are in a better position to administer the programs and respond to
specific state and local needs. In addition, the regulation of waste management
activities has traditionally been viewed as an area within states' enforcement power
and responsibility.  Most states have their own state environmental protection
regulations.  These states may apply for authorization to have their state hazardous
waste program  operate in place of the federal hazardous waste program.

This module outlines the requirements and procedures for a state to become
authorized to manage and oversee its own RCRA program. It also describes how
the state authorization system can affect the applicability of certain rules.  When you
have completed this module you will be familiar with the state authorization
process for hazardous waste management programs. Specifically, you will be able to:

   •  Specify why states are authorized by EPA and list the elements of an
      authorized  state  program

   •  Outline the delegation process and identify components of an authorization
      application

   •  Specify the applicability of Hazardous and Solid Waste Amendments
      (HSWA)  and non-HSWA provisions  in authorized and unauthorized states

   •  Define and provide the citation for the "cluster rule."

Use this list  of objectives to check your knowledge after you complete the training
session.                                                         ,
  The information in this document is not by any means a complete representation of EPA s regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

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2 - RCRA State Programs
  .The information in this document is not by any means a complete representation of EPA's regulations or policies,
                      but is an introduction to the topic used for Hotline training purposes.

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                                                             RCRA State Programs - 3
                      2.  REGULATORY SUMMARY
 The regulations concerning state authorization are found in 40 CFR Part 2.71- These
 regulations outline the requirements~and procedures a state must satisfy in.order to
 receive authorization to implement the federal hazardous waste program. To
 receive the delegated responsibility from EPA for implementing the Subtitle C
 program, states must develop their own hazardous waste program which must be
 approved by EPA. This "authorization" process is described below.
2:1   STATE AUTHORIZATION

RCRA allows states to receive authorization to implement the federal hazardous
waste program.  RCRA §3006 gives EPA the authority to authorize qualified states to
administer and enforce the RCRA program within the state.  Following
authorization, state regulations operate in lieu of the federal regulations in that state
(with some limits).  In order to receive authorization,' a state's statute(s) and
regulations must be equivalent to federal authorities, consistent with the federah
program and authorized state programs, and at least as stringent as the federal
program. The state program must address requirements for permitting, compliance
evaluation, enforcement, public participation, and sharing of information.  As  part .
of the consistency requirement, state programs may not restrict the free movement
of hazardous waste across state borders to or from treatment, storage, or disposal
facilities (TSDFs) permitted to operate  under RCRA or any approved state program.
Although many  of the .state programs  closely parallel the federal program, some
states do adopt more stringent requirements for generators, transporters, or facilities
handling hazardous waste.

While authorized states have primary enforcement responsibility under state law,
EPA- retains enforcement authority under RCRA §§3007, 3008, 3013, and 7003.  When
EPA does enforce in authorized states (called "overfiling"), it enforces the
authorized state  programs where appropriate. ' .  ,
2.2   STATE AUTHORIZATION APPLICATIONS
                                                                           \
Any state that seeks authorization for its hazardous waste program must submit an
application to EPA for review and approval. Items required to be included in a state
program application are:

   •  Governor's or state director's letter-
   *  State statutes and regulations
   •  Program description
   •  State attorney general's statement
  The information in
this document is not by any means a complete representation of EPA's regulations or policies/
 but is an introduction to the topic used for Hotline training purposes.

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4 -RCRA State Programs
   •  Memorandum of agreement
   •  Provisions for public involvement for initial program authorization. '

GOVERNOR'S LETTER

States must submit a letter from the governor of the state requesting program
approval (§271.5(a)(l)).  The governor's letter transmits the state's application and is
the formal request for program approval.  The letter should contain a reference to
the federal statute, a reference to the application, a request for approval of the state
program, and the governor's signature.     :

STATE STATUTES AND REGULATIONS           '

After developing a state hazardous waste program, the state must submit a copy of
its statutes and regulations that are designed to act in place of the federal RCRA
regulations. Sometimes the state regulations incorporate some or all of the federal
requirements by reference. A document is often included with the application
highlighting where federal requirements are incorporated in the  state code
(§271.5(a)(5)).

PROGRAM DESCRIPTION

Any state that seeks  approval to administer its own RCRA program must submit a
description of the proposed program (§271.5(a)(2)).  Pursuant to §271.6, the program
description must include:

   •  Scope, structure, coverage, and processes of the state program

   •  Description of the organization or state agency that will manage the program

   •  Estimate of the cost of  administering the program, as well as sources and
      amounts of funding available

   •  Description of the applicable state procedures, including permitting
      procedures and any state administrative or judicial review procedures

   •  Copies of the permit form(s), application form(s), and, reporting form(s) to be
      used by the state

   •  Description of the state's compliance tracking and enforcement program

   ' •  Description of the state's manifest tracking system

   • . Estimate of the size of the regulated community in the state  (i.e., number of
      generators, transporters, and TSDFs)
  The information in this document is not by any means a complete representation 01 fc.IJA s regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.,

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                                                              RCRA State Programs - 5
    •  Estimate of the annual quantities of hazardous waste generated, transported,
      stored, treated, or disposed of within the state, if available.

ATTORNEY GENERAL'S STATEMENT

This is a statement signed by the state attorney general certifying that the state has
the legal authority to implement and  enforce the regulations submitted in the
application and that the "submitted regulations are adequate to meet authorization
standards (§271-.7).  In addition, states must submit for review the statutes and •
regulations expected to operate in place of RCRA.

MEMORANDUM OF AGREEMENT

A memorandum of agreement (MOA) serves as a kind of contract between the state
and the EPA Regional Administrator.  This agreement identifies each party's roles
and responsibilities and how the state and Region plan to measure achievements.
According to §271.8, the MOA must contain provisions for:                  ,

    •  Cooperative activities in areas for which the state is not authorized (e.g., joint
      permitting)                  ,

    •  Transitional activities (e.g., transfer of permit or delisting applications)
                                                              '.             '
    •  Enforcement and oversight authorities that EPA retains after authorization
      (e.g., routine and  emergency inspections by EPA)

    •  Administrative procedures (e.g., transfer of program information between
      EPA and the state)

    •  Any state commitments to carry out administrative procedures or variances
      and waivers to ensure state's adherence to authorization standards.     /

PUBLIC INVOLVEMENT

An initial authorization application must address how public participation in the
state program approval  process will be announced.  Prior to submitting the
application to EPA, a state seeking program approval must give public notice across
the state by publication  in major newspapers  and other means.  The notice must
allow for a 30-day public comment period, as  well as a public hearing if comments
are extensive. Documentation of public involvement includes copies of comments
submitted by the public and transcripts, recordings, or summaries of any public   ,
hearings held by the state on program approval.  The state must also address the
comments received from the public in the application (§271.5(a)(6)).  This
component is not required  for subsequent program  revision applications.
  The information in mis document is not by any means a complete representation of EPA s regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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- 6 - RCRA State Programs  .  .
 2.3   EPA APPROVAL PROCESS

 In order for states to gain approval to implement all or part of the RCRA program/
 they must first apply to EPA for initial approval. As the federal regulations are
 modified, authorized states must submit subsequent applications in order to
 continue to implement the newest aspects of the RCRA program. The following
 describes*the steps states must take to achieve initial and subsequent approvals.

 INITIAL PROGRAM APPROVAL

 EPA will review the application and must be satisfied that the program is consistent
 with and at least as stringent as the federal program before approval. After receipt of
 the state program application, the EPA Administrator has 90 days to make a
 tentative determination in the Federal Register (then there is an additional 30-day
 comment period).  Ninety days after the comment period, the Administrator must
 make a final determination  and publish a notice in the Federal Register and major
 newspapers within the state. The notice must include the reasons for making any
 determination and responses to comments (§271.20). Figure 1 outlines the approval
 process.
        •
 SUBSEQUENT PROGRAM REVISIONS

 States with final authorization must modify their programs to incorporate federal
, program changes by certain deadlines (see Section 2.5 of this module). The state will
 submit documentation similar to some of the six types of documents for initial
 authorization applications discussed above.  The actual documentation needed will
 vary, depending on the scope of the state modifications and previously submitted
 application materials.  All revision applications must include a certification from
 the attorney general and a copy of the state's pertinent legal authorities.  EPA
 generally uses a streamlined process for issuing an immediate final  rule for
 subsequent revision approvals.  This means that authorization is automatically
 effective in 60 days unless adverse comment is received within 30 days (§271.21).
   The information in this document is not by any means a complete representation of EPA s regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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                                                                      RCRA State Programs - 7
                                            Figure 1
                              INITIAL PROGRAM APPLICATIONS
                                STATE PROGRAM APPROVAL
                                           PROCESS
 State issues public notice of intent to seek approval
 (§271.20(8))
30-day comment period (§271.20(a)(4))
       1
Sufficient public interest
                                 YES
       I
 NO
State submits proposed program to EPA for
approval (§271.20(c))
       I
Within 90 days the Administrator gives
notice of tentative determination in the
Federal Register f$271.20fdtt     i
                                             NO
                                          Public hearing 30 days after
                                          notice (§271.20(a)(6))
±
                                          Substantial modification to
                                          program (§271.20(b))
                                                      YES
                                          Further opportunity for comment
Sufficient public interest
(§271.20(d){1))?
                NO
                             May not require public hearing
       i
YES
Public hearing no earlier than 30 days
after tentative determination
(§271.20(d)(1))
30-day comment period (§271.20(d)(2))
Within 90 days the Administrator makes
a final determination (§271.20(e))
                                        The Administrator publishes notices
                                        in the Federal Register and newspapers
                                        addressing reasons for determination
                                        and responding to comments
The information in this document is not by any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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8 - RCRA State Programs
2.4   THE CLUSTER RULE
                                                              •       c
For purposes.of authorization, EPA segmented the elements of the federal program
into individual rules which are grouped into annual or multiyear groups called
clusters. . States then receive authorization .piecemeal.

State authorization can be .divided into two major groupings: the "base program"
and "revisions." To-understand these terms, it must be understood that states
become authorized to implement the federal program set out in the regulations at
Parts 260 through 270. The regulations actually consist of hundreds of rulemakings
promulgated since May, 19, 1980. The "base program" is usually defined as all RCRA
regulations promulgated on or before January 26, 1983.  This group of rulemakings
establishes the "base" program for which a state may gain authorization.

EPA has, of course, promulgated regulations since January 26,1983. States wishing
to retain RCRA authorizatiqn must keep their, program current,by making
"revisions" within specific time limits (Figure  2 — The Cluster System).  To
facilitate the application submission  and review process, rules issued after January
26,1983, were grouped into "clusters" based on the window of time in which they
were promulgated. Each cluster has  a name as well as due dates by which
authorized states must submit applications to revise their program to include that
group of rules (§271.21(e)). See Appendix G of the State Authorization Manual for a
complete list of all clusters.

Normally, a state's environmental agency only has to amend its state regulations.
In Figure 2, notice the double .asterisk following "State Revision Application
Deadline."  States in this situation are given one year from the closing date of the
cluster in which the rule was placed to apply  for revisions. Sometimes, however,
the implementing  agency lacks the statutory authority from the state legislature to
write certain regulations.  If a state statutory change is required before regulations
can.be issued, a second year is allowed  (§271.21(e)(2)(v)).

The purpose of the cluster system is  to facilitate the revision process for a state to
maintain a current program and its authorization.  A state is not required to request
authorization for an entire cluster. EPA allows states to request authorization for
parts of a cluster, provided the state eventually adopts all of the required provisions.
  The information in this document is not by any means a complete representation of EPA s regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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                                                                           RCRA State Programs - 9
                                           Figure 2
                                  THE CLUSTER SYSTEM

Non-
HSWA
Clusters
HSWA
Clusters
RCRA
Clusters
t
•
Cluster
Number*
I
n
III ... VI
I
• n
i
' ii
in
/
IV
V
VI
Cluster
Period
July 1, 1984, to
June 30, 1985
July 1, 1985, to
June 30, 1986
July 1, 1986, to
June 30, 1987, etc.
November 8, 1984,
to
June 30, 1987
July 1, 1987, to
June 30, 1990
July 1, 1990, to
. June 30, 1991
July 1, 1991, to
June 30, 1992
July 1, 1992, to
June 30, 1993
July 1, 1993, to
June 30, 1994
July 1, 1994, to
June 30, 1995
July 1, 1995, to
June 30, 1996
- State
Modification
Deadline**
July 1, 1986
July 1, 1987
July 1, 1988, etc.
July 1, 1989
July 1, 1991
July 1, 1992
- July 1,1993
'July 1, 1994
July 1,1995 .
- July 1, 1995
July 1, 1996
State Revision
Application
Deadline
September 1, 1986
September 1, 1987
September 1, 1988
September 1, 1989
September 1, 1991
September 1, 1992 -
/ /
x
September 1, 1993
* September 1,1994
September 1, 1995
September 1, 1996
.September 1,1997
Program
Areas
Affected ,
Non-HSWA Rules
HSWA §3006(0
Non-HSWA Rules
Non-HSWA Rules .
HSWA Provisions
HSWA Provisions
All HSWA and
Non-HSWA Provisions
All HSWA and
Non-HSWA Provisions
All HSWA and
Non-HSWA Provisions .
All HSWA and
Non-HSWA Provisions
All HSWA and
Non-HSWA Provisions
All HSWA and
Non-HSWA Provisions
*  Checklists 1-8 were issued prior to establishment of the cluster system. State modification
  .deadlines for these rules are 1 year from the promulgation date of each rule, or 2 years if a statutory
   change is required.                                 .  .
** One additional year provided if statutory change is needed. Can be extended by up to 18 months (see
   §§271.21(e) and 
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 10 - RCRA State Programs
 2.5   EFFECT OF RGRA/HSWA AUTHORITY

 Prior to .the enactment ,of HSWA, a state with final authorization administered its
 hazardous waste program entirely in lieu of the federal program. This meant the
 federal requirements no longer applied in an "authorized" state.  When a new,
 more stringent, federal requirement was enacted, the.state was obligated to enact
 equivalent authorities within specified time frames, but the new federal
 requirements were not effective in the authorized state until the state adopted the
 new requirements, as state law and received authorization for them. Some federal
 rules are still issued based on the original pre-HSWA authority and become
 effective in authorized states only when the state adopts the provisions as state law.
 These rules are known as "non-HSWA" rulemakings.

 In contrast, HSWA amended RCRA by adding §3006(g). Under this section, new
 requirements and prohibitions imposed by HSWA take effect in authorized states at
 the same time that they take effect in unauthorized states. These regulations are
 known as "HSWA" provisions.  EPA was directed to implement those requirements
 in authorized states  until the state is granted authorization to implement the new
 regulation(s).  While states must still adopt HSWA provisions as state law to
 maintain authorization, HSWA requirements are implemented by  EPA in
 authorized states until they do so.
                                               i
                 '                                                f            '
 The underlying statutory authority is explained with each new rule in the Federal
 Register on the first page under "Summary" and at the end of the preamble in a
 special section titled "Applicability of Rules in Authorized States."  Until authorized
 states obtain approval for HSWA-based requirements, there will be joint state/EPA
 permitting of facilities in the authorized state. The MOA must discuss joint
 permitting responsibilities and  procedures.

 One example of the applicability of HSWA provisions and non-HSWA provisions
 in authorized and nonauthorized states is illustrated by the rulemaking that
 promulgated the wood preserving  listings (F032, F034, and F035).. These wood
 preserving wastes were promulgated pursuant  to both HSWA and non-HSWA
 authorities^ The F032 listing is a HSWA provision, and is applicable in all states,
 both authorized and nonauthorized. The F034 and F035 listings are non-HSWA
-provisions.  The F034 and F035  listings are effective only in states that are not
 authorized for the RCRA program and in states that have incorporated the listings
 into their state programs and have received EPA approval for their revised state
 programs. The F034 and F035 listings are not applicable in authorized states that
 have not yet modified their  state programs to include the listings.
   The information in this document is not by any means a complete representation of EPA s regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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                                                             RCRA State Programs -11 -
2.6   COMPLIANCE SCHEDULES AND WITHDRAWALS

Neither RCRA nor HSWA requires that states apply for initial authorization. Once
a state has been granted authorization, however, it must regularly modify its
program to incorporate new federal requirements in order to maintain full
authorization (§271.21(e)(l)).  An authorized state must modify its program .and
submit authorization applications according to the schedule in the cluster rule,
described above.  If a state, falls behind the schedule set out by the cluster rule, the
Region may grant the state an extension or put it on a compliance schedule
(§271.21(g)). The exception to this requirement is for changes in the federal program
that are deemed less stringent than previous requirements.  These less stringent
requirements are viewed as optional for states to add to their authorized programs.

The Administrator may withdraw program approval of any authorized state when '
the state no longer complies with the requirements of Part 271. Withdrawal of
program approval may occur for the following reasons: the state's legal authority no
longer meets the requirements of Part 271, the operation of the state program does
not comply with the Part 271 requirements, the state's enforcement program fails to
comply with Part 271, or the state program fails to comply with the terms of the
MOA (§271.22).  The program withdrawal authority is discretionary, however, arid
EPA encourages Regions to approve states' authorization applications, even when
there are elements of a "cluster" that are incomplete or, overdue.

If an authorized state determines that it can no longer comply with the
requirements of Part 271, the state may voluntarily transfer program responsibilities
to EPA. In doing so, the state must give the Administrator 180 days notice of the
proposed transfer of all relevant program information. At least 30 days before the
approved transfer occurs, the Administrator must publish notices of the transfer in
the Federal Register and major newspapers within the state.

A transfer of program responsibilities may also occur after the Administrator orders
withdrawal proceedings to begin. Commencement of the proceedings may be under
the Administrator's own initiative or in response to a petition from an interested
person alleging failure  of the state to comply with the requirements of Part 271.  A
more detailed description of the procedures for withdrawing approval of a state
program is codified in §271.23.
2.7   INTERIM AUTHORIZATION

To provide for smoother transitions from federal to state implementation, Congress
allowed interim authorization under §3006(c) for both RCRA and HSWA statutory
provisions.  Interim authorization was established to allow states to continue
operating their own hazardous waste programs while striving to achieve the
requirements for  final authorization. Interim authorization provides states  with a
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

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12 - RCRA State Programs
transition period to adopt all the changes necessary to implement programs
equivalent to the federal requirements. A state with interim authorization can
temporarily implement the state hazardous waste program in lieu of the federal   ,
program. A state does not have to obtain interim authorization prior .to receiving
final authorization. Although RCRA, program interim authorization expired on
January 31, 1986, interim authorization still exists for HSWA provisions.  Interim
authorization for the HSWA provisions expires January 1, 2003  (§271.24(c)).  Any
state with HSWA interim authorization must obtain  final authorization by this date
or the HSWA program will revert to EPA.                •   „
  The information in this document is not by any means a complete representation of EPA s regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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                                                              RCRA State Programs -13
                            3.   SPECIAL ISSUES
In order to maintain the authority to administer the federal hazardous waste
program, authorized states are generally required to revise their state hazardous
waste programs as new federal regulations are promulgated.  Sometimes, however,
•federal rulemakings are less stringent than the existing federal standards, in which
case authorized states are not required to incorporate the less stringent standards
into their state hazardous waste programs and will still remain authorized for the
RCRA program.  The following example will help illustrate this issue.

The Part 273 universal waste standards promulgated in the May 11,1995, Federal
Register are an example of provisions which are less stringent than the existing
federal regulations (60 FR 25492); Since the universal waste rulemaking is a non-
HSWA provision, the rule is effective.only in the states not authorized for the  .
RCRA program.  This rule will be effective in authorized states when those states
adopt the rule and receive EPA approval for their revised state programs. EPA does
not consider the universal waste regulations, to be more stringent than the existing
federal requirements. Authorized states, therefore, are not required to modify their
programs to .adopt requirements equivalent to the federal universal waste
regulations.  Thus, the universal waste program will not be effective in an
authorized state that chooses not to adopt this program, but those states will retain
their  authorization.                                          .
  The information in this document is not by-any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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14 - RCRA State Programs
   The information in this document is not by any means a complete representation of EPA s regulations or policies,
                      but is an introduction to the topic used for Hotline training purposes.

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                                                            RCRA State Programs -15
                      4.   REGULATORY DEVELOPMENTS
 EPA is in the process of shifting the focus of environmental regulation from the
 federal government to the states.  Consistent with this objective, the Agency is
 considering streamlining the state authorization revision process to make it easier
.and less expensive for states to revise their approved programs when new
 regulatory developments are promulgated.- Similarly, EPA is also implementing
 procedures to grant Indian tribes  the same authorization rights and responsibilities
 that have already been afforded to states.  Both of these initiatives are described
 below.
4.1   STREAMLINED REVISION PROCESS

Under the current authorization scheme, all revisions to authorized state hazardous
waste programs, even minor changes, are reviewed under the same procedures.
The standard process may result in unnecessary costs and delays in authorizing
states for revisions to the federal hazardous waste program. EPA addressed the
authorization procedures in the proposed LDR Phase IV Rule (60 FR 43654;
August 22, 1995) and in the proposed Hazardous Waste Identification Rule for
contaminated media (HWIR-media) (61 £S 18780; April 29,1996). The proposed
streamlined procedures create a two-tiered approach that places new federal
rulemakings into two categories: Category 1 and Category 2. The authorization
procedures for new rules that have a minimum impact and do not significantly
change the scope of the state program are designated as Category 1; they consist of an
abbreviated application 'and review process. For example, routine changes to the
LDR program, such as the application of treatment standards to newly identified
wastes, would fall under the Category 1 revision procedures. Rules that significantly
change the nature of the state program would follow the more intensive Category 2
authorization procedures.  An example of a Category 2 revision would be the
proposed  HWIR-media regulations that would provide more flexible management
standards for contaminated media that are currently regulated as hazardous waste.
Through the use of two sets of procedures, EPA hopes  to improve the present
authorization process by tailoring the level of effort for preparation, review, and
approval of revision applications to the significance of the program revision.
4.2   AUTHORIZATION FOR INDIAN TRIBES

EPA has also proposed regulations that would allow Indian tribes the opportunity to
apply for and receive hazardous waste program authorization similar to that
currently available to states.  On the other hand, while states must obtain full
program approval when seeking authorization, under the proposed regulations,
Indian tribes may be authorized to operate partial hazardous waste programs.  For
  The information in this document is not by any means a complete representation of EPA s regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.  '

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16 -RCRA State Programs    .                         	•	.    	
                                                                                         >s

example, a tribe would be able to obtain authorization to run a program that
regulates only hazardous waste generators and transporters, while EPA retained
responsibility for regulating and enforcing hazardous waste treatment, storage, and
disposal facilities.  Because they have smaller populations, a limited number of
industrial and commercial operations, limited involvement with hazardous waste
operations, and limited resources and capability to operate a full hazardous waste
program, only Indian tribes would be eligible for partial program authorization.
The proposed rule establishes criteria under Part 271 that a tribe must meet in order
to obtain authorization.  This rulemaking, proposed in the June 14,1996, Federal
Register is expected to go final in June 1997 (61 FR 30472).  .          '     .
  The Information in this document is not by any means a complete representation of EPA s regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

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