&EPA
United State*
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9540.00-lc
TITLE: Draft State Consolidated RCRA Authorizatioi
Manual
APPROVAL DATE: March 31, 1986
EFFECTIVE DATE: not applicable
ORIGINATING OFFICE: State Programs Branch, OSW
D FINAL
Q DRAFT
*
STATUS: c
REFERENCE (other documents):
Final Authorization Guidance Manual
'£ DIRECTIVE DIRECTIVE
-------
oEPA
Ummd States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9540.00-1C
TITLE: Draft State Consolidated RCRA Authorizatior
Manual
APPROVAL DATE: March 31, 1986
EFFECTIVE DATE: not applicable
ORIGINATING OFFICE: State Programs Branch, OSW
D FINAL
Q DRAFT
*
STATUS: c
REFERENCE (other documents):
Final Authorization Guidance Manual
'E
OS \MI=R
DIRECTIVE DIRECTIVE D
-------
Uniitc Suites E"-.-:ontrieiii.j Proi-ciior,
SEPA
Washington, DC 20460 . .
OSWER Directive Initiation Request
ir.:erm, Directive Nji
9540.00-1C
Originator Information
Name of Contact Person
Frank McAlister
Mai! Code
WH-563-B
Telephone Number
.ead Office
D OERR
ED OSW
D OUST
D OWPE
D AA-OSWER
Approved for Review
Signature of Office Director
Date
Title
Draft State Consolidated RCRA Authorization Manual (3/31/86)
Summary ol Directive
The State Consolidated RCRA Authorization Manual (SCRAM)
supplements the "Final Authorization Guidance Manual" that
was issued in June, 1983. The well-established approval
process for RCRA final authorization applications is retained
and updated in SCRAM. In addition, the Manual presents
the "revision process" for approving State program modifications
that are made subsequent to the receipt of final authorization.
It is through this revision process that most States will
receive authorization for HSWA provisions. Model documents
are provided to assist States in preparing their revision
applications.
Type of Directive (Manual. Policy Directive, Announcement, etc.}
Draft Guidance Manual
1 Status
CJ Draft
D Final
LJ New
.1 I Revision
Does this Directive Supersede Previous Directive(s)? | | Yes [ | No Does It Supplement Previous Directive(s)? Qjj Yes | | No
If "Yes" to Either Question, What Directive (number, title/
Final Authorization Guidance Manual
Review Plan
CD AJ^-OSWER
LJ OERR
OSW
D OUST
123 OWPE
129 Regions
D OECM
S OGC.
C OPPE
D
Other (Specifyl.
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
I Date
Signature of OSWER Directives Officer
'Date
t Fr/rr: 131E-f? n
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MEMORANDUM
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAR 31 1986
OSWER Policy Directive No. 9540.00-1C
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: Draft State Consolidated RCRA Authorization
Manuka (SCRAM)
FROM: Truett V. DeGea^e, Chief
State Programs Branch (WH-563-B)
TO: RCRA Branch Chiefs
Regions I-X
The attached draft SCRAM was developed to help States
prepare applications to receive authorization for their
program revisions. The SCRAM updates and supplements the Final
Authorization Guidance Manual so 'that the State authorization
guidance for both initial applications and revision applications
will be contained in one document. Some chapters-of—the S.CRAM
are unchanged from the Final Authorization Guidance Manual and
therefore are not included in the attached copy. The chapters
that have been modified,to reflect HSWA and the new chapters
regarding program revisions are all included in this draft. The
Model Attorney General's Statement in Chapter 3.3 is incomplete.
A complete model will be sent to you as soon as the Office of
General Counsel completes its work on the document. Also,'this
draft Manual is currently being reviewed by the Office of Waste
Programs Enforcement; any comments resulting from that review
will be included in the Final Guidance. A list which summarizes
the elements of the SCRAM and their relationship to the Final
Authorization Guidance Manual is attached to this memorandum.
The SCRAM is a lengthy document, but this is primarily due
to the numerous checklists and model documents that have been
provided to make it easier for States to develop revision appli-
cations. For a basic understanding of the impact of HSWA on
State authorization and the State program revision process, only
Chapters 1.1. and 1.5 need to be consulted.
This Manual incorporates the State program revision
approval process as established in the final "streamlining" rule
(51 FR 7540-42, March 4, 1986). Further, it describes the HSWA
and non-HSWA revision deadlines that would apply if the proposed
"cluster" rule becomes final as proposed (51 F£ 496-504). If
the final "cluster" rule contains different deadlines,.then the
Manual will need to be modified accordingly.
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- 2 -
The effort to develop SCRAM began with the RCRA Authorization/
State Program Development (RASPD) Workgroup. Numerous Regional
representatives on the Workgroup made valuable contributions to
the SCRAM, including writing the first drafts of some of these
chapters. Particular recognition is given to the work provided
by Rich Clarizio and Dianne Sharrow (Region V), Buddy Parr (Region
VI), John Humphries (Region III), and Pam Hill (Region I).
We are providing copies of this draft Manual for your review
and use and will consider all comments received -by May 1 for
inclusion in the final Manual. Please send your written comments
to Frank McAlister in my branch (FTS 382-2210). We intend to
issue the final guidance as soon as possible after the "cluster"
rule is promulgated. I encourage you to use this draft Manual
until further guidance is available.
Attachments
cc: RASPD Workgroup Members
Marcia Williams, OSW
Bruce Weddle, OSW
Susan Schmedes, QGC
Lloyd Guerci, OWPE
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Outline of SCRAM Chapters
ATTACHMENT
Chapter
Preface
General
1.1 Introduction
1.2 Definitions
1.3 State Requirements
1.4 Initial Application
1.5 State Program Revisions
1.6 Codification in Part 272
1.7 HSWA Authorization Matrix
State Submittal Guidance for Initial
2.1 Governor's Letter
2.2 Program Description
2.3 AG Statement
2.4 MOA
2.5 Showing of Public Participation
2.6 State Statutes -and Regulations
2.7 State Legislation Checklist
2.8 Completeness of Submittal
Checklist
State Submittal Guidance for Program
3.1 State Agency Letter
3.2 Program Description
3.3 AG Statement
3 . 4 MOA
Appendices
i
A. Regulatory Checklists
B. Financial Responsibility
C. List of FR Notices
D. Model FR Notices
E. State Availability of
Information Guidance
Status
Revised
Revised
Unchanged
Revised
Unchanged
New
New
New
Applications
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
Unchanged
.Unchanged
Revisions .
New
New
New
New
Revised
Unchanged
Unchanged .
New
New
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
APR 41986
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT:
FROM:,
TO:
Draft Attorney General's Statement for the State
Consul idatg.d RCRA authorization Manual (SCRAM)
^/^ <^^5 • S
* *^ - t--*/^^-^^
Truett V. DeGeafe, Chief
State Programs Branch (WH-563B)
RCRA Branch Chiefs
Regions I-X
Attached is a draft Attorney General's Statement which you
should use to replace the incomplete Statement in the SCRAM that
I sent to you on March 31. The AG Statement is the cornerstone
of a State1s .application for HSWA authorization, so I encourage
your careful review of this draft document. It is structured
somewhat dif f ererrtly 'th~an the earlier model Statements that you
have received, and I believe this change will make the model
easier to use.
Also, you may have noticed that the SCRAM did not include
the "Availability of Information" guidance that will become
Appendix E of the Manual. This guidance should be issued in
final form in mid-April.
Please send any comments.to Frank McAlister of State Programs
Branch (382-2210).
Attachment
cc: RASPD Workgroup Members
Mareia. Williams, OSW
Bruce Weddle, OSW
Susan Schmedes, OGC
Lloyd Guerci, OWPE
•Sue Moreland, ASTSWMO
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OSWER Policy Directiv-e No. 9540.00-1C
DRAFT State Consolidated RCRA Authorization Manual
March 31, 1986
-------
OSWER Policy Directive No. 9540.00-1C
STATE CONSOLIDATED RCRA AUTHORIZATION MANUAL
TABLE OF CONTENTS
PAGE
PREFACE. V
1.0 GENERAL
1.1 Introduction
RCRA Before and After HSWA 1.1-1
Impact of HSWA on State Authorization 1.1-1
Final Authorization and Interim Authorization 1.1-3
States Initially Applying for Final Authorization..... 1.1-4
Program Revisions for States with Final Authorization 1.1-5
How to Use This Manual 1.1-5
1.2 Definitions 1.2-1
1.3 State Program Requirements for Final Authorization
Introduction '. -1.3-1
Statutory Requirements , 1.3-1
Equivalent and No Less Stringent Program 1.3-3
Consistent Program 1.3-10
More Stringent Program 1.3-11
Adequate Enforcement 1.3-12
Notice and Hearing in the Permit Process 1.3-15
State Availability of Information 1.3-16
Additional State Program Requirements Pursuant to HSWA 1.3-17
1.4 Initial Application Approval Process
Federal Requirement •. 1.4-1
Introduction .' 1-.4-2
General Schedule ....'. ; 1.4-3
Regional and Headquarters Review Teams 1.4-4
Application Review Process 1.4-5
Pre-Application Statutory Review. 1.4-6
Draft Application 1.4-6
State Public Notice and Hearing 1.4-7
Official Application 1.4-7
Effect of Federal Program Changes....: 1.4-13
Recordkeeping 1.4-14.
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TABLE OF CONTENTS (continued)
. PAGE
1.5 State Program Revisions .
Federal Requirement 1.5-1
Introduction....,.' 1.5-2
Type of Program Changes 1.5-2
Criteria for Approving/Disapproving Revisions 1.5-3
Availability of Authorization for Federal Program Changes.... 1.5-5
State Modification Deadlines. 1.5-6
Existing State Provisions That Are Similar to New Federal
Requirements 1.5-8
Procedures for Review of State Program Revisions 1.5-8
1.6 Codification of State Program Approvals in Part 272
Sample Codification 1.6-1
Introduction... 1.6-1
Purpose 1.6-2
Part 272 Procedures for Official Applications 1.6-3
Part 272 Procedures for State Program Revisions.. 1.6-4
Codifying Previously Authorized States 1.6-4
Model Federal Register Notices ^ ; 1.6-5
Copy of Part 272 ....'.... 1.6-6
1.7 HSWA Authorization Matrix . • •
Introduction 1.7-1
Key to the Matrix ... 1.7-1
2.0 STATE SUBMITTAL GUIDANCE FOR INITIAL APPLICATIONS
2.1 Governor's Letter
Federal Requirement 2.1-1
Introduction 2.1-1
. Content , 2.1-1
2.2 Program Description " .
Federal Requirement 2.2-1
Introduction. '. 2.2-2
Scope, Structure, Coverage and Processes of State Program.... 2.2-2
Lead State Agency. 2.2-3
State Procedures. 2.2-3
Compliance Tracking and Enforcement 2.2-4
Estimated Types and Number of Regulated Activities 2.2-4
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TABLE OF CONTENTS (continued)
PAGE
2.3 Attorney General's Statement
Federal Requirement 2.3-1
Introduction » i . 2.3-1
Purpose of the Attorney General' s Statement 2.3-2
Who Should. Sign the Attorney General's Statement. 2.3-3
The Model 2.3-3
Incorporation of Federal Regulations by Reference.... 2.3-4
State Jurisdiction over Indian Lands 2.3-5
Establishing a Format to Meet Individual State Needs.. 2.3-5
EPA Review of Attorney General's Statements 2.3-5
Model Attorney General's Statement 2.3-7
2.4 Memorandum of Agreement
Federal Requirement 2.4-1
Introduction 2.4-3
Model 2.4-3
Signatories 2.4-4
Model MOA 2.4-5
2.5 Showing of Public Participation.
Federal Requirement 2.5.1
Introduction 2.5-2
Content 2.5-2
2.6 State Statutes and Regulations
Federal Requirement • 2.6-1
Introduction 2.6-1
Content 2.6'-2
2.7 State Legislation Checklist
Introduction 2.7-1
2.8 Completeness of Submittal Checklist
Introduction 2.8-1
Content 2.8-1
111
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TABLE OF CONTENTS (continued)
PAGE
3.0 STATE SUBMITTAL GUIDANCE FOR PROGRAM REVISIONS
3.1 State Agency Letter 3.1-1
3.2 Program Description
Introduction 3.2-1
Content 3.2-1
Scope, Structure, Coverage and Processes of State Program.... 3.2-2
State Agency Responsibilities 3.2-2
Resources 3.2-3
State Procedures 3.2-3
Compliance Tracking and Enforcement 3.2-3
Estimated Regulated Activities 3.2-5
Copies of State Forms and Coordination with other Agencies... 3.2-5
Table 4 3.2-6
3.3 Attorney General's Statement
Federal Requirement 3.3-1
Introduction - 3.3-1
Use of the Model Statement 3.3-2
Relationship of Model Statement and HSWA Statutory Checklist. 3.3-2
Inseparable HSWA Provisions 3.3-3
Federal Variances and Exemptions 3.3-4
Citations of State Authority 3.3-4
Model 3.3-5
3.4 Memorandum of Agreement • '
Introduction 3.4-1
Model 3.4-2
3.5 HSWA Statutory Checklist
Introduction. ..; 3.5-1
Checklist •. 3.5-3
Memo on HSWA Authorization Issues 3.5-21
APPENDICES
A. State Regulatory Program Checklist
B. Financial Responsibility
.C. List of Promulgated Federal Regulations
D. Model Federal Register Notices
E. State Availability of Information Guidance
IV
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OSWER Policy Directive No..9540.00-1C
PREFACE
Final authorization of State hazardous waste programs is
one of EPA's highest priorities. Our goal is to approve as many
qualified States for final authorization as possible. The Final
Authorization Guidance Manual, issued June 10, 1983, etablished a
process and a schedule that was used to convey final authorization
to 39 States by January 31, 1986. We can continue that successful
record for final authorization by maintaining the cooperative
partnership amoung the States and territories, EPA Regions, and
EPA Headquarters.
The State Consolidated RCRA Authorization Manual (SCRAM)
replaces and expands upon the Final Authorization Guidance
Manual. The well-established process for initial final authori-
zation applications under the Resource Conservation and Recovery
Act ("RCRA") is retained and updated in SCRAM. In addition,
this successful approach to authorization is applied to the
"revision process" for approving State program modifications that
are made subsequent to the receipt of final authorization. A
streamlined revision process is critical to the succes's of State
implementation of the RCRA program since there will be many
additions to State and Federal RCRA hazardous waste programs
prompted by the expanded authority and requirements of the
Hazardous and Solid Waste Amendments of 1984 ("HSWA" or "the .
Amendments").
The Manual provides for an early review of State statutes,
so that interested States can receive an initial analysis of their
program authority, with time left to make necessary program changes
Review of draft State applications by EPA is also encouraged to
assure a quality application early in the process. The schedule
for review of State applications commits EPA to expeditious action.
In order to establish and maintain State program continuity, all
States are urged .to submit their authorization and revision
applications as early as possible.
We look forward to a close working relationship between •
EPA and the States in the period ahead and to the successful
implementation of the RCRA final authorization program. Using
the process and guidelines established in this Manual, we can
fulfill the important responsibilities placed on us by the
American public for an effective national program to manage
hazardous wastes.
v
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OSWER Policy Directive No. 9540.00-1C
CHAPTER 1.1
INTRODUCTION
The Resource Conservation and Recovery Act of 1976, (RCRA),
as amended by the Hazardous and Solid Waste Amendements of 1984,
(HSWA), provides for authorization of State hazardous waste program
This Guidance Manual has been developed to provide direction to
States in developing applications for authorization and also sets
forth the internal EPA procedures which will be used to process
these applications. Because this Manual is intended only to
provide guidance concerning the implementation and interpretation
of EPA's Part 271 -regulations, EPA has concluded that rulemaking
procedures are not required under the Administrative Procedure
Act, 5 U.S.C. §553.
RCRA Before and After HSWA
HSWA significantly altered the scope and the implementation
of the RCRA program. Futhermore, since the interrelationship •
between State and Federal programs is different for HSWA provisions
than for non-HSWA RCRA provisions, it is necessary to distinguish
between these two types of Federal requirements, particularly
for authorization purposes. When this Manual references the
"HSWA program" or "HSWA provisions", this is meant to refer to
those elements of the Federal RCRA program that are implemented
pursuant to HSWA. Conversely, -reference to "non-HSWA provisions",
the "pre-HSWA program" or the "base program" encompasses the
•remaining RCRA requirements - those that are imposed pursuant to
statutory authority that was in place prior to the enactment of
HSWA. "RCRA" is used in this manual to mean the entire'Federal
hazardous waste program, including all provisions pursuant to
HSWA or other statutory amendments to RCRA.
Impact of HSWA on State Authorization
1. HSWA Federal Requirements Effective for Authorized States
HSWA brought about a fundamental change in the manner in
which the Federal hazardous waste program is implemented in autho-
rized States. Prior to the passage of the Amendments, new RCRA
regulations promulgated by EPA took effect only in non-authorized
.States. They became effective in authorized States only through
State adoption of equivalent requirements pursuant to State law.
In contrast, the amended RCRA §3006(g) provides that Federal
HSWA requirements or prohibitions are implemented in all States,
including authorized States. Some .of the HSWA provisions include
•immediate prohibitions, 'requirements to be included in all permits,
requirements directly applicable to interim status facilities,
and other requirements. Such provisions will be implemented and
enforced by the Federal government in every State until the
State is authorized for those provisions.
1.1-1
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2. Self-Implementing Statutory
Provisions
EPA expects to implement the HSWA requirements through
amendments to the RCRA regulations. However, it is possible
that some provisions will be implmented in the future through
.self-implementing HSWA statutory provisions that place certain
requirements into effect should EPA fail to promulgate regulations
by the statutory deadlines. For example, section 3001(d) contains
a series of requirements with which small quantity generators must
comply beginning March 31, 1986, should EPA fail to promulgate
regulations by that date. Similarly, section 3004(.g) requires the
Administrator to determine whether or not each listed hazardous
waste should be banned from land disposal; if the Agency fails to
make this determination within specified timeframes, certain
listed wastes .will be automatically banned. As discussed above,
once those HSWA requirements take effect, EPA will implement and
enforce the Federal requirements in authorized States until the
States receive authorization for those requirements.
3. Continuity of State Authorization
EPA encourages States to revise their programs as quickly as
possible to pick up changes in the Federal program. However, EPA
expects that between November 8, 1984 and -May 1990, there could be
as many as sixty HSWA requirements or prohibitions that will take
effect. This coupled with the fact that the HSWA provisions take
effect automatically in authorized States, makes it very likely that
the responsibility for implementing the RCRA program—and particularly
for issuing permits—.will bounce back and forth between the States
and EPA.
For example, the following scenario is possible: (1) As of
October 1984, the State was authorized to issue RCRA permits for
surface impoundments. (2) On November 9, 1984, the State was no
longer able to issue a RCRA permit under.its own authority because
it was not authorized to carry out the new HSWA requirements.
(3) In 1985, the State is authorized for the HSWA provisions
regarding surface impoundments and can issue RCRA permits without
EPA participation again. (4) In 1986, EPA issues new regulations
under HSWA affecting surface impoundments, and because the 1986
regulations take effect in authorized States, the State once
again is not authorized to issue RCRA permits for surface
impoundments.
Consequently, it must be recognized that even if a
State was authorized very quickly, parts of the program will
still bounce back and forth between the State and EPA as the
HSWA provisions unfold. It appears that, prior to 1990, it is
very unlikely that a State will be able to maintain its fully
authorized status continuously.
1.1-2
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4. Permits
A permit cannot be considered a RCRA permit unless it contains
all the applicable HSWA requirements. Therefore, until the State
is specifically authorized for the HSWA permitting requirements,
hazardous waste permits will have .to be issued jointly by EPA and
the State. During the time in which EPA must implement and enforce
those permit conditions which are directly applicable in authorized
States, EPA will work with the States to employ the joint permit
process authorized in section 3006(c). Through agreements between
EPA and the States, States will.be able to participate with EPA in
implementing the Federal requirements. Authorized States may
participate to the same extent that non-authorized States currently
participate. They may take the lead on technical review of permit
applications and on other similar activities. But the ultimate
responsibility for issuance of the portion of the permit containing
the new requirements must remain with EPA.
Final Authorization and Interim Authorization
RCRA provides for two types of State hazardous waste
authorization: interim and final authorization. A Stat.e may receive
interim authorization if its program is substantially equivalent
to the Federal program. Interim authorization is a temporary
mechanism that is intended to promote continued State participation
in hazardous waste management while encouraging States to develop
programs that are fully equivalent to the Federal program' so that
they will qualify for final authorization. To achieve final author-
ization a State must demonstrate that its program meets the statutory
tests that are described in Chapter 1.3 of this Manual and that
are embodied in the regulatory requirements for final authorization
in 40 CFR Part 271, Subpart A. A State does not have 'to obtain
interim authorization prior to receiving final authorization.
The primary emphasis of this manual is to provide guidance for
States seeking final authorization. This is because final author-
ization is the ultimate goal of States that seek to implement their
hazardous waste programs in lieu of EPA. Interim authorization
for the non-HSWA program expired on January 31, 1986; therefore,
only final authorization is available for the base program. Interim
authorization is an option only for HSWA provisions. Futher, HSWA
interim authorization is scheduled to expire on July 1, 1991 [proposed
1/6/86, 51 FR 496-504]. This means .that any State with HSWA interim
authorization must obtain final authorization by this date or the
HSWA program will revert to EPA.
For these reasons, States pursuing authorization for HSWA
provisions are encouraged to seek final authorization instead- of
interim authorization. This will reduce the number of State author-
ization applications and will minimize repetitive State and EPA
involvement in the approval process. In addition, if States proceed
directly to final authorization, they will not have to contend
with possible reversion at the end of.HSWA interim authorization
1.1-3
-------
period. However, for a State that seeks but falls short of
qualifying for final authorization for one or more HSWA provision,
. interim authorization for those provisions may offer a useful
alternative. (Note that it is possible for a State to have final
authorization for some HSWA provisions and interim authorization
for other provisions.) The guidance in this manual pertaining to
the process and procedures for HSWA authorization apply to States
pursuing either interim or final authorization.
States Initially Applying for Final Authorization
In order for a State to obtain final authorization, it must
submit an official application to EPA for review. The State's
application must address all provisions of the Federal program
that were in effect one year prior to application submission.
(See RCRA §3006(b) and 40 CFR 271.3(f) [proposed 1/6/86, 51 FR
496-504].) Therefore, it is important for any State which is
. initially applying for final authorization to adopt any Federal
program changes, including HSWA provisions, that occurred earlier
than the date .one year before its official application is submitted.
If the State also has authority equivalent to Federal program
elements that became effective less than a year prior to the State's
application, then, to the extent possible, the State's application
should include demonstration of such authority so that EPA will also
be able to confer authorization for those program elements. However,-
it is important to note that the State is not required to have a
counterpart to any Federal provision that became effective during
that time period in.order to receive authorization, although the
State will subsequently need to modify its program for such changes
as part of the program revision .process discussed below.
A State's initial application for final authorization
must contain the following:
1. Governor's letter requesting State program appoval.
2. A Program Description which explains the program the
State proposes to administer, together with any forms
used to administer the program under State law.
3. A Statement from the State Attorney General (or the
attorney for those State agencies which have independent
legal counsel) that the laws of the State do provide
adequate authority to carry out the program the State
proposes to administer.
4. A Memorandum of Agreement that provides for coordina-
tion and cooperation between the State Director and
the U.S. EPA Regional Administrator regarding the
administration and enforcement of the authorized State
regulatory program.
1.1-4
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5. Copies of all applicable State statutes and regulations,
including those governing State administrative
procedures.
6. Documentation of public participation activities (i.e.,
notice and opportunities for comment on the State program
prior to submission .of the application to EPA).
The Federal requirements governing the content of State
final authorization applications are in 40 CFR 271, Subpart A.
The chapters in the second section of this Manual provide guidance,
example documents, and models for these initial authorization
application elements.
Program Revisions For States With Final Authorization
The revision process is separate from the initial final
authorization approval process; it applies to States that have
obtained or are in the process of obtaining final authorization.
(See §271.21(e).) States must modify their programs to pick up
Federal program changes by certain deadlines. Once the State has
modified its program it must seek EPA approval of the change within
30 days by submitting a revision application. In this application
the State will need to submit documentation similar to some of the
six types of documents for initial authorization applications,
discussed above. However, the actual documentation needed will
vary, depe.nding on the scope of the State modifications and-—
previously submitted application materials.
It is likely that in many instances the State revision . .
application will simply be a limited, brief update to its earlier
authorization materials. For all revision applications a certi-
fication from the Attorney General and a copy of the State's /
pertinent legal authorities will be required. (Where statutues
and regulations have not changed, and where they were previously
submitted with an earlier authorization application, resubmission
will not be necessary.) Guidance concerning the need for submission
of other elements (e.g., revised Program Description or Memorandum
of Agreement) is provided in subsequent chapters of this Manual.
How To Use This Manual
This Manual is divided into three major sections. The first,
"General", gives an overview of the RCRA hazardous waste program,
State program requirements for final authorization and information
on EPA's procedures for review of initial and revision applications
.for final authorization. The second is the "State Submittal Guidance
for Initial Applications" which provides specific instructions for
the State in developing its application for final authorization. The
third section, "State Submittal Guidance for Program Revisions", con-
tains details regarding State submissions for approval of their
program modifications. The Appendices contain guidance documents
and other items that are pertinent to the development and review
of State authorization applications.
1.1-5
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The chapters of this manual that will be useful to a
particular State applying for authorization will, be primarily
determined by the State's authorization status. If the State is
unauthorized, then it would consult most of the chapters in the
first two sections of the Manual (the 1.0 and 2.0 chapter series)
to assist it in developing an initial application for final
authorization. However, depending on the date the State plans to
submit its initial application, it may also need to use selected
chapters in the third part of this Manual (the 3.0 chapters).
This is because the 2.0 chapters were developed to address the
base program requirements that were promulgated on or before
July 26, 1982. This is the date when the availability of final
authorization was first announced. Subsequent amendments to .. .
the RCRA program, both HSWA and non-HSWA, are addressed in the
3.0 chapters. Therefore, if a State's application for
authorization is required to address amendments to the RCRA .
regulations it would find helpful guidance in the 3.0 chapters.
(See the "States Initially Applying for Fi'nal Authorization"
section above.) . In particular, the model AG Statement in Chapter
3.3 should provide useful language regarding the airlanded Federal
program, and the Model MOA contains needed language regarding
the HSWA program.
A State that has already received final authorization and is
applying for approval of its program modifications would need to
use different parts of this manual to help it through the revision
process. Chapters..l.3 and 1.5 and "the Chapter 3.0 series would
be the most useful to such a State. In addition, it may also be
beneficial for the State to selectively review a few other manual
chapters, in.the 1.0 series regarding the basic program requirements
Table 1 has been prepared to help States and Regions to
quickly identify the pertinent chapters of- this manual for a
State's particular situation. A brief description of e^ach chapter
is provided, and applicable chapters are indicated for two types
of initial applications and also for program revision applications.
The January 28, 1984 date that delineates the two types of initial
authorization applications derive from the first change to the
Federal base program that must be picked up by State programs
(the biennial report rule, promulgated 1/28/83). Therefore, as
discussed elsewhere in this manual, any State initially applying
for authorization one year after the change (i.e., 1/28/84) must
address not only the base program requirements, but also the
biennial report requirement (and possibly additional Federal
program changes, depending on the date of the State's application).
Since Federal program changes are discussed in different sections
of this Manual than are the base program requirements, a State
applying after January 28, 1984 will have additional chapters to
consult. .
1.1-6
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TABLE 1
Use of Manual Chapters
Applicable Chapterst
Ch. Title Description State A State B State C
PREFACE Describes goals for . * * *
authorization
GENERAL
1.1 Introduction Provides a framework for use * * *
of the manual
1.2 Definitions Defines RCRA terms used in * * *
the Manual.
1.3 State Program Discusses statutory and * * *
Requirements for Final regulatory requirements
Authorization for final authorization
1.4 Application Approval Describes process and * *
Process . schedule for initial
authorization applications
1.5 State Program Revisions Discusses program revision * * *
requirements, deadlines,
and approval procedures
1.6 Codification of State Details the purpose and * *
Program Approvals in procedures for codifying
. Part 272 authorizations
STATE SUBMITTAL GUIDANCE FOR INITIAL APPLICATIONS
2.1 Governor's Letter Provides guidance on the * *
content of the Governor's
letter
2.2 Program Description Delineates the information * *
necessary to describe the
State program
2.3 Attorney General's Provides a model Statement * *
Statement and description of contents
2.4 Memorandum of Agreement Provides a model agreement * *
and discussion regarding
signatories
2.5 Showing of Public Describes content of State * • *
Participation demonstration
tKey: State A - State initial application submitted prior to 1/28/84
State B - State initial application submitted after 1/28/84
State C - State program revision application
1.1-7
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Ch. Title
2.6 State Statutes and
Regulations
2.7 State Legislation
Checklist
2.8' Completeness of
Submission Checklist
TABLE 1 (cont'd)
Use of Manual Chapters
Description
Specifies which State
authorities should be
in the application
. Delineates the pre-HSVJA
RCRA authorities for
which States should have
counterparts
Details the elements of a
complete State application
Applicable Chapterst
State A State B State C
STATE SUBMITTAL GUIDANCE FOR PROGRAM REVISIONS
3.1 State Agency Letter
3.2 Program Description
3.3 Attorney General's
Statement
Provides guidance on the
content of tramsmittal
letter
Delineates information
necessary to supplement
initial program description
Provides, model for amending ~
or supplementing AG Statement
3.4 Memorandum of Agreement Provides a model agreement
that reflects HSHW changes
APPRENDICES
State Regulatory
Checklists
Provides detailed checklists
for comparing State and
Federal.regulatory authority
B
D
Financial Responsibility Provides guidance on the
equivalence of State financial
responsibility mechanisms
List of Federal Register Identifies RCRA regulatory
Promulgations amendments since 5/19/80
Federal Register Models Model language for State
authorization decisions
tKey: State A - State initial application submitted prior to 1/28/84
State B - State initial application submitted after 1/28/84
State C - State program revision application
1.1-8
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OSWER Policy Directive
No. 9540.00-1C
CHAPTER 1.3
STATE PROGRAM REQUIREMENTS. FOR FINAL AUTHORIZATION
Introduction
RCRA establishes the basic standards that State hazardous
waste programs must meet in order to qualify for final authorization.
EPA further interpreted these statutory requirements by promulgating
regulations at 40 CFR Part 271. The regulations provide detailed
requirements that State programs must meet and set forth the form
and content of the State's application for final authorization.
In reviewing State applications, EPA is required to determine
that States satisfy these statutory and regulatory standards.
The purpose of this chapter is to provide more specific
guidance concerning how State programs can satisfy the final
authorization requirements. Appropriate portions of the final
authorization regulations are reproduced here to present the
State program requirements. In many cases, the regulatory
requirements are explicit and need no further explanation. For
other regulatory provisions, additional discussion is provided in
the text of this chapter to more clearly define those State
program features that will be^-acceptable or necessary for final
authorization. .
The statutory and regulatory requirements presented in this
chapter apply to both the base program and the HSWA program,
except where specifically indicated otherwise. The changes to
the State program requirements tjvat were brought about by HSWA
are clearly noted. (For HSWA changes see pages 2 and 17-19 of
this chapter.) The schedules for State to pick up the Federal
program changes are discussed in Chapter 1.5.
Statutory Requirements for Final Authorization
RCRA establishes a different and more difficult test for
'States applying for final authorization than for interim
authorization. States applying for interim authorization must
have programs "substantially equivalent" to the Federal program.
State programs applying for final authorization are subject to
the following statutory standards:
(1) They must be "equivalent" to the Federal program (RCRA
Sectin 3006);
(2) They may not impose any requirements "less stringent"
than the Federal requirements (RCRA Section 3009);
(3) They must be "consistent" with the Federal program and
other State programs (RCRA Section 3006);
1.3-1
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(4) They may, however, impose requirements which are "more
stringent" than those imposed by Federal regulators (RCRA
Section 3009);
(5) They must follow specific procedures for public "notice
and hearing" in the permitting'process (RCRA Section
7004); and
(6) They must "provide adequate enforcement" (RCRA Section
3006).
In 1984, HSWA .added a seventh statutory test:
(7). They must provide for the public availability of
information "in substantially the same manner, and
to the same degree" as the Federal program.
In reviewing State final authorization applications, EPA
is required to determine that States satisfy these statutory
standards. A summary of the RCRA standards that State programs
must meet for final authorization is presented in Table 2.
Table 2
Requirements for,Final Authorization
RCRA Standard
1. Equivalent Program
§3006(b)
2. No Less Stringent
Program - §3009
3. Consistent Program -
§3006(b)
4. More Stringent
Program - §3009
5. Adequate Enforcement -
§3006(b); S7004(b)(l)
6. Notice and 'Hearing in
the Permit Process -
§§7004(b)(l) & (2) .
7. Availability of
Information - §3006(f)
EPA
Regulations
(40 CFR)
271.9-13
271.9-14
271.4
Not
Applicable
271.15-16.
271.14
271.17
State Application
Program Description,
£\\j o u a. u ©in e n L. ana
MOA
Program Description
and AG Statement
Program Description
Program Description
AG Statement and MOA
Program Description,
AG Statement and MOA
Program Description,
AG Statement and MOA
Note: The seventh standard was added by HSWA,
1.3-2
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Key EPA regulations generally corresponding to these statutory
standards are identified in the table. The table also indicates
the appropriate section(s) of the State's application where
the State should demonstrate that it satisfies the RCRA require-
ments. Chapters 2.2-2.4 in the second section of this manual
describe how the State's initial application should address
•these standards and Chapters 3.2-3.4 describe how a. State
revision application should make this demonstration.
RCRA Standard #1 and RCRA Standard #2 - Equivalent and
No Less Stringent Program
RCRA §3006(b) requires that State final authorization programs
be "equivalent" to the Federal Program. RCRA §3009 prohibits States
from imposing requirements which are "less stringent 'that those
authorized under this subtitle."
Taken together, these two sections mean that all States.
applying for final authorization must demonstrate that their
requirements are equivalent to and at least as stringent as
the Federal requirements. This does not mean that States have
to implement their programs in exactly the same way that EPA
does. State provisions can differ as long as they address all
of the Federal program requirements and include requirements
which are equivalent to and at least as stringent as the com-
parable Federal program requirements. The following six sections -
provide guidance on necessary State authority to meet these
two tests.
1. Requirements- for Identification and Listing - §271.9
§271.9 Requirements for identification
and listing of hazardous wastes.
The State program must control all /
the hazardous wastes controlled under
40 CFR Part 261 and must adopt a list
of hazardous wastes and set of charac-
teristics for identifying hazardous
wastes equivalent to those under 40
CFR Part 261.
The universe of wastes which the State controls must include
all the hazardous wastes controlled by the Federal program. The
State must adopt a list of hazardous wastes and a set of
characteristics for identifying hazardous wastes. The State's
list and characteristics need not be. identical to EPA's as long
as the State can demonstrate that it regulates all of the wastes
controlled by EPA. To the extent that the State's method for
identifying and listing wastes differs from the Federal approach,
the State's demonstration of equivalent coverage becomes more
difficult, particulary where the State's set of characteristics
is different. A State is free to control additional wastes if it
desires. (For a discussion of State "delisting" programs, see page
1.3-18.)
1.3-3
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2. Requirements for Generators - §271.10
§271.10 Requirements for generators of
hazardous wastes.
(a) The State program must cover
all generators covered by 40 CFR Part
262. States must require new genera-
tors to contact the State and obtain an
EPA Identlcfiatlon number before
they perform any activity subject to
regulation under the approved State
hazardous waste program.
(b) The State shall have authority to
require and shall require all genera-
tors to comply with reporting and rec-
ordkeeping requirements equivalent to
those under 40 CFR 242.40 and 262.41.
States must require that generators
keep these records at least 3 years.
(c) The State program must require
that generators who accumulate haz-
ardous wastes for short periods of time
comply with requirements that are
equivalent to the requirements for ac-
cumulating hazardous wastes for short
periods of time under 40 CFR 262.34.
(d) The State program must require
that generators comply with require-
ments that are equivalent to the re-
quirements for the packaging, label-
ing, marking, and placarding of haz-
ardous waste under 40 CFR 262.30 to
262.33, and are consistent with rele-
vant DOT regulations under 49 CFR
Parts 172,173,178 and 179.
' (e) The State program shall provide
requirements respecting international
shipments which are equivalent to
those at 40 CFR 262.50. except that
advance notification of international
shipments, as required by 40 CFR
262.50(b)(l), shall be filed with the Ad-
ministrator. The State may require
that a copy of such advance notice be
filed with the State Director, or may
require equivalent reporting proce-
dures.
. NOTE Such notices shall be mailed to Haz-
ardous Waste Export, Office of Internation-
al Activities (A-106), U.S. Environmental
Protection Agency. Washington D.C. 20460.
(f) The State must require that all
generators of hazardous waste who
transport (or offer for transport) such
hazardous waste of f-site:
(1) Use a manifest system that en-
sures that interstate and Intrastate
shipments of hazardous waste are des-
ignated for delivery, and, in the case
of Intrastate shipments, are delivered
to facilities that are authorized to op-
erate under an approved State pro-
gram or the federal program. The.
manifest system must Include the use
of manifest form as required by
{262.20(a) and $262.21. No other
manifest form, shipping document, or
Information, other than that required
by federal law, may be required by the
State to travel with the shipment.
(2) Initiate the manifest and desig-
nate on the manifest the storage,
treatment, or disposal facility to which
the waste is to be shipped;
(3) Ensure that all wastes offered for
transportation are accompanied by the
manifest, except in the case of ship-
ments by rail or water specified in 40
CFR 262.23 (c) and (d) and § 262.20 (e)
and (f). The State program shall pro-
vide requirements for shipments by
rail or water equivalent to those under
40 CFR 262.23 (c) and (d) and § 263.20
(e) and (f).
(4) Investigate instances where
manifests have not been returned by
the owner or operator of the designat-
ed facility and report such instances to
the State in which the shipment origi-
nated.
(g) In the case of interstate ship-
ments for which the manifest has not
been returned, the State program
must provide for notification to the
State in which the facility designated
on the manifest is located and to the
State in which the shipment may have
been delivered (or to EPA in the case
of unauthorized States).
(h) The State must follow the Feder-
al manifest format (40 CFR 262.21)
and may supplement the format to a
limited extent subject to the consist-
ency requirements of the Hazardous
Materials Transportation Act (49
U.S.C. 1801 etseq.).
(1) A. State that supplies the mani-
fest form required by J 262.20(a) may
preprint information on the form only
as follows:
(1) In items A and L, a State mani-
fest document number; (EPA Form
8700-22, items A; EPA Form 8700-22A.
Item L);
(11) In items 11 and 28. a hazardous
materials (HM) column for use in dis-
tinguishing between federally regulat-
ed wastes and other materials accord-
ing to 49 CFR 172.201(a)(l);
(111) Anywhere on the form, light or-
ganizational marks to indicate proper
placement of characters or to facili-
tate data entry;
(iv) Anywhere in the margin of the
form or on the back of the form, any
information or Instructions that do
not require generators, transporters,
or owners or operators of hazardous
waste management facilities to supply
additional Information;
(v) In item 16, reference to State
laws or regulations following the fed-
eral certification; and
(vl) Abbreviations for headings in
State optional information spaces
(EPA Form 8700-22, items A-H; and
EPA Form 8700-22A, items L-Q).
(2) In addition to the federally re-
quired information, both the State in
which the generator is located and the
State In which the designated facility
is located may require completion of -
the following items:
(1) State manifest document number
(EPA Form 8700-22, item A; EPA
Form 8700-22A item L);
(ii) For generators, State generator
Identification numbers (EPA Form
8700-22, item B; EPA Form 8700-22A,
item M);
(ill) For transporters, telephone
numbers and State transporter identi-
fication'numbers (EPA Form 8700-22,
items C. D, E and F; EPA Form 8700-
22A, items N, O, P and Q);
(iv) For owners and operators of haz-
ardous waste management facilities,
facility telephone number, and State
facility Identification numbers (EPA
Form 8700-22, items G and H);
(v) Codes associated with particular
wastes (EPA Form 8700-22, item I;
EPA Form 8700-22A, item R);
(vi) Codes associated with particular
waste treatment, storage, or disposal
methods (EPA Form 8700-22, item K;
EPA Form 8700-22A, item T); and
(vil) Additional waste description as-
sociated with particular hazardous
wastes listed on the Manifest. This in-
formation is limited to information
such as chemical names, constituent
percentages, and physical state (EPA
Form 8700-22, item J; EPA Form 8700-
22A, item S).
(3) No State, however, may impose
enforcement sanctions on a transport-
er during transportation of the ship-
ment for failure of the form to include
preprinted Information or optional
State information items.
1.3-4
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The State must control all the generators that would be
controlled by the Federal program. The State must have a manifest"
system that meets the requirements of §271.10(f) - (h), including
the requirement that generators be held responsible for exception
reporting. However, this does not preclude the State agency from
tracking manifests as it deems necessary as part of its enforcement
program.
. 3. Requirements for Transporters - §271.11
§271.11 Requirement* for transporters of
hazardous wastes.
(a) The State program must cover
all transporters covered by 40 CFR
Part 263. New transporters must be re-
quired to contact the State and obtain
an EPA identification number from
the State before they accept hazard-
ous waste for transport.
(b) The State shall have the author-
ity to require and shall require all
transporters to comply with record-
keeping requirements equivalent to
those found at 40 CFR 263.22. States
must require that records be kept at
least 3 years.
(c) The State must require the trans-
porter to carry the manifest during
transport, except in the case of ship-
ments by rail or water specified in 40
CFR 263.20 (e) and (f) and to deliver
waste only to the facility designated .
on the manifest. The State program
shall provide requirement for ship-
ments by rail or water equivalent to
those under 40 CFR 263.20 (e) and (f).
(d) For hazardous wastes that are
discharged in transit, the State pro-
gram must require that transporters
notify appropriate State, local, and
Federal agencies of such discharges,
and clean up such wastes, or take
action so that such wastes do not
present a hazard to human health or
the environment. These requirements
shall be equivalent to those found at
40 CFR 263.30 and 263.31.
1.3-5
-------
The State must control all transporters that are covered
the Federal program.
4. Requirements for Facilities - §271.12
in
(f) Security to prevent unauthorized
access to the facility;
(g) Facility personnel training;
(h) Inspections, monitoring, record-
keeping, and reporting;
(i) Compliance with the manifest
system, Including the requirements
that facility owners or operators
return a signed copy of the manifest
to; the generator to certify delivery of
the hazardous waste shipment;
(j) Other requirements to the extent
that they are included in 40 CFR
Parts 264 and 266.
§271.12 Requirements for hazardous
watte management facilities.
The State shall have standards for
hazardous waste management facili-
ties which are equivalent to 40 CFR
Parts 264 and 266. These standards
shall include:
(a) Technical standards for tanks,
containers, waste piles, incineration,
chemical, physical and biological treat-
ment facilities, surface impoundments,
landfills, and land treatment facilities;
(b) Financial responsibility during
facility operation;
(c) Preparedness for and prevention
of discharges or releases of hazardous
waste; contingency plans and emergen-
cy procedures to be followed in the.'
event of a discharge or release of haz-
ardous waste;
(d) Closure and post-closure require-
ments including financial require-
ments to ensure that money will be
available for closure and post-closure
monitoring and maintenance;
(e) Oroundwater monitoring;
The .State must have technical permitting standards that are
equivalent to and no less stringent than the Federal standards at
Part 264. For each requirement in Part 264, the State needs to
demonstrate that it has a regulatory counterpart that is at least
as stringent as the Federal provision. Due to the nature of the
financial responsibility requirements of Subpart H, separate
guidance has been provided in Appendix B which presents acceptable
financial mechanisms for final authorization.
5. Requirements for Permitting - §§271.13 and .14
6 271.13 Requirements with respect to per-
mit* and permit applications.
(a) State law must require permits
for owners and operators of all hazard-.
ous waste management facilities re-
quired to obtain a permit under 40
CFR Part 270 and prohibit the oper-
ation of any hazardous waste manage-
ment facility without such a permit,
except that States may, if adequate
legal authority exists, authorize
owners and operators of any facility
which would qualify for interim status
under the Federal program to remain
in operation until a final decision is
made on the permit application. When
State law authorizes such continued
operation it shall require compliance
by owners and operators of such facili-
ties with standards at least as strin-
gent as EPA's interim status standards
at 40 CFR Part 265.
1.3-6
-------
(b) The State must require all new
HWM facilities to contact the State
and obtain an EPA identification
number before commencing treat-
ment, storage, or disposal of hazardous
waste.
(c) All permits issued by the State
shall require compliance with the .
standards adopted by the State under
5 271.12.
(d) All permits issued under State
law prior to the date of approval of
final authorization shall be reviewed
by the State Director and modified or
revoked and reissued to require com-
pliance with the requirements of this
part.
§ 271.14 Requirements for permitting.
All State programs under this sub-
part must have legal authority to im-
plement each of the following provi-
sions and must be administered in con-
formance with each; except that
States are not precluded from omit-
ting or modifying any provisions to
impose more stringent requirements:
(a) Section 270.1(0(1)—(Specific In-
clusions);
(b) Section 270.4—(Effect of permit);
(c) Section 270.5—(Noncompliance
reporting);
(d) Section 270.10—(Application for
a permit);
(e) Section 270.11—(Signatories);
(f) Section 270.12—(Confidential in-
formation);
(g) Section 270.13—(Contents of Part
A);
(h) Sections 270.14 through 270.29—
(Contents of Part B);
[NOTE States need not use a two put
— permit application process. The State appli-
cation process must, however, require Infor-
mation In sufficient detail to satisfy the re-
quirements of 5! 270.13 through 270.29.}
(i) Section 270.30—(Applicable
permit conditions);
(j) Section 270.31—(Monitoring re-
quirements);
(Ip Section 270.32—(Establishing
permit conditions);
(1) Section 270.33—(Schedule of com-
pliance);
(m) Section 270.40—(Permit trans-
fer);
(n) Section 270.41—(Permit modifi-
cation);
(o) Section 270.43—(Permit termina-
tion);
(p) Section 270.50—(Duration);
(q) Section 270.80—(Permit by rule);
(r) Section 270.81—(Emergency per-
mits);
(s) Section 270.64—(Interim permits
for UIC wells);
(t) Section 124.3(a>—(Application for
a permit);
(u) Section 124.5 (a), (c), (d)—(Modi-
fication of permits);
(v) Section 124.6 (a), (d), and (e)—
(Draft permit);
(w) Section 124.8—(Pact sheets);
(x) Section 124.10 (aXIXii),
(aXIKlii), (a)(l)(v), (b), (c), (d), and
(e)—(Public notice);
(y) Section 124.11—(Public com-
ments and requests for hearings);
(z) Section 124.12(a)—(Public hear-
ings); and
1.3-7 •
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All facilities that would be required to' receive RCRA.. permits
under the Federal program must be required to receive permits from
the State. Also, those facilities without RCRA permits but that
qualify for Federal "interim status" must be required to comply
with State permit conditions or the State's analogue to Federal
"interim status" standards which are at least as stringent as the
EPA regulations at Part 265. (See also amendment to §271.13(a)
discussed on page 1.3-18.)
The procedures that State programs need to provide for when
issuing permits are identified in §271.14. This regulation refers
to aspects of the Federal permitting program (Parts 270 and 124)
which the State must have equal authority to address. States need
not implement provisions identical to all the requirements identified
in §27.1.14; however, alternate provisions must establish requirements
that are at least as stringent as those in Checklist V (see Appendix
A).
. Some of "the requirements in parts 270 and 124 are primarily
procedural in nature; that is, they bind the permitting authority
(State or Federal) to act in a certain manner but generally do .not
impose requirements on the permittee or permit applicant. These
requirements are noted in Checklist V. Three examples -of these
procedural requirements are:
° The requirement for a 45-day public comment period on draft
permits (§124.10).
0 The . requirement to give public notice of the issuance of
emergency permits (§270.61).
0 The requirement to broadcast notice of permit actions over
local radio stations.
It is preferable for the State to have these procedures in
regulations (in the same manner as the Federal program at Parts 270
and 124). However, lacking"adequate regulatory provisions, the
State may be able to agree in its MOA to carry out the permitting
procedure in accordance with the requirements for final authorization
in order for this approach to be acceptable, the State Attorney
General must review the terms and conditons of the MOA and certify
that (1) the State has the authority to enter into the agreement,
(2) the State has the authority to carry out the agreement, and (3)
no applicable State statute (including the State administrative
procedure act) requires that the procedure be promulgated as a rule
in order to be binding. The MOA must then contain an unequivocal
State commitment to apply the procedures to each permit. Further,
when a State will be processing a permit application (or terminating
or modifying a permit) using procedures that are not specified in
it's regulations, notice of each draft permit must .inform the public
that the procedures to be followed in processing the permit are
derived from the -MOA as well as directly from State laws and
regulations. The State must agree in the MOA to include this
information in each notice.
1.3-8
-------
The degree to which this approach may be legally acceptable
will vary by State, depending on the State's legal authorities in
the areas of hazardous waste regulation and administrative pro-
cedures. The State may not use the MOA to adopt procedures which
directly conflict with State laws or regulations (e.g., the State
agrees to provide for a 45-day public comment period even though
the State's regulation sets a maximum 30-day comment period).
6. Variance, Waiver and Compliance Schedule Provisions
Many States have statutory or regulatory waiver, variance,
or compliance schedule provisions that allow the State to grant
regulatory relief to 'members of the regulated community on a
case-by-case basis. Generally a waiver relieves a party from
complying with a particular requirement altogether. A variance,
on the other hand, changes the substantive reguirement for
compliance. Compliance schedules only change the date by which
compliance is reguired.
The Federal RCRA program allows for exemptions from its
regulations. The language of Section 3009 of RCRA precludes
the use of variance and waiver provisions by the State that
would render the State program less stringent than the Federal
program. If the State's variance or waiver authority is broader
than that for the Federal program (i.e., it allows greater
deviation from the State's regulations than the Federal program
would), the State provision may—be acceptable if the provision is
of such a nature that it can be invoked only at the discretion of
the State agency. In this case, the State must agree in its MOA
not to use the wai-ver or variance so that it would result in the
imposition of any reguirement less stringent than comparable
Federal program requirements. Additionally, the Attorney General
must certify that State law allows the State agency to agree to
limit its use of the waiver provision in this fashion. The State
must also agree in the MOA to inform EPA of the issuance of any
variance or waiver (see page 2.4-9).
If, however, the State's variance or waiver authority is
not discretionary, that is, the State's statute or regulation
would require.the granting of variances in certain situations
that would render the State program less stringent, the option
above would not be available as a means of satisfying §3009 and
obtaining final authorization.
Section 270.33 of the Federal regulations provides that
Federal permits may specify schedules leading to compliance.
States may similarly use their authority to issue compliance
schedules or temporary variances which operate as compliance
schedules analogous to the Federal program. Therefore, State
compliance schedule provisions analogous to §270.33 are not an
impediment to final authorization.
1.3-9
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RCRA Standard #3 - Consistent Program
Section 3006(b) of RCRA requires that authorized State
programs must be "consistent with" the Federal RCRA program
and other State programs. The call for consistent State
programs must be balanced with the provision of §3009 that
allows States to impose requirements which are^more stringent
than the Federal regulations. For this reason, EPA will apply
the consistency test as narrowly as possible/ limiting its
application to only those areas described in 40 CFR-271.4.
Under §1005 of RCRA, two or more States may enter into
interstate compacts or agreements to provide for cooperative effort
and mutal assistance for the management of hazardous (and/or solid)
waste and the enforcement of their respective laws relating thereto,
No such compact or agreement is binding on the parties to it until
until it has been approved by the Administrator and Congress.
Similarly, under §4 of the Low Level Radioactive Waste Policy Act
of 1980, States may enter into compacts as may be necessary to
provide for the establishment and operation of regional disposal
facilities for low level radioactive waste. These compacts do not
take effect until Congress has by law consented to the compact.
Since the Congress has explicitly provided in the statutes that
these interstate compacts are appropriate and since the compacts
must individually receive Congressional approval, the establishment
of such interstate compacts will not cause a State program to be
deemed inconsistent.
The following sections .briefly explain such consistency
requirements found in §271.4. For each of these requirements
examples are presented to illustrate questions that States may
face regarding program consistency.
1. Interstate Movement of Wastes - §271.4(a)
This test of consistency applies to State controls that
restrict the interstate transportation of waste. Examples of
controls that are inconsistent under this requirement include: .
0 State requirement (law/regulation/policy) which bans
the importation of hazardous waste from out of State.
0 -State requirement which sets geographic standards of
discrimination (treats out-of-State waste differently
than in-State wastes), such as a State policy which
denies permission to import wastes unless there is
insufficient waste mangement capacity available in the
State of waste orgin.
0 State exclusive reciprocity agreement which in effect
allows importation of wastes only from the States which
are parties to such agreements.
1.3-10
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States with these types of restrictions are strongly urged to
repeal them. If this is not possible, then the requirements must
somehow be rendered unenforceable. For example, if a State has an
importation ban that it is unable to repeal, the AG would have to
issue a formal opinion saying that he will not enforce the ban
because it is unconstitutional.
2. Prohibition of Treatment, Storage, or Disposal - §271.4(b)
This test of consistency applies to aspects of the State law
or program which prohibit treatment, storage or disposal of hazardous
wastes. Such provisions will not be deemed inconsistent with RCRA
if they are based on protection of human health or the environment.
Siting. Some States have siting laws or regulations that
provide for the consideration of social, economic, financial,
capacity, and other factors in site selection in addition to the
human health or environmental impacts. Such provisions will not
be judged to be inconsistent with.RCRA if it is clear that siting
decisions are to be based on health or environmental protection as
well as these other factors. Thus, siting criteria beyond
environmental protection are allowable.
A State siting provision "that contradicts the express terms
of .§271.4 (for example, where the only basis for rejecting a site .
•is economics), would be an obstacle to final authorization. It is
quite unlikely that State siting provisions will have no basis in
health or environmental protection.
EPA will review the State provisions that govern site
selection, including regulations and policies' governing siting
boards. If such provisions on their face are not inconsistent
(per §271.4), EPA does not intend to go beyond the provisions to
hypothesize how decisions will actually be made.
3. Manifest System - .§271.4(c)
This test of consistency applies to the State's use of a
manifest tracking system. The State must follow the EPA tracking
system, including the use of exception and discrepancy reports.
States may b.uild upon that system by matching generator, transporter
and facility copies of the manifest at the State office and still
be "consistent." An example of a provision which would be in-
consistent under this requirement is a State requirement that the
transporter carry a form with significantly more tracking information
than is Federally required or allowed. However, the State would be
free to require generators to send more detailed information to the
TSDF prior to receipt of the wastes.
RCRA Standard #4 - More Stringent Program
In keeping with the intent of §3009 of RCRA, no State
is prohibited from imposing requirements that are more stringent
than EPA's. Therefore, States may add requirements which provide
1.3-11
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more rigorous control of hazardous waste activities than EPA's
regulations or which are broader in scope than the "Federal program.
It should be noted that where an approved State program has a
greater scope of coverage than required by Federal law, the addi-.
tional coverage is not part of the Federally approved program.
(See §271.1(i)(2) .)
In addition, State programs heed not include those Federal
requirements that serve "to exempt persons from certain regulatory
requirements. For example, States are not required to provide an '
equivalent "delisting" mechanism in order to obtain final
authorization.
RCRA Standard #5 - Adequate Enforcement
RCRA §3006(b) requires that State final authorization programs
"provide adequate enforcement of compliance with the requirements
of this subtitle." Because the adequacy of State enforcement
programs is explicitly emphasized by Congress, EPA must pay special
attention to the review of State enforcement authority. EPA will
examine the inspection, enforcement remedy, and penalty authorities
of State programs in light of the provisions of RCRA §3007 and 40
CFR §§271.15 and 271.16.
9271.15 Requirement* for compliance
evaluation programs.
(a) State programs shall have proce-
dures for receipt, evaluation, retention
and- investigation for possible enforce-
ment of all notices and reports re-
quired of permittees and other regu-
lated persons (and for investigation •
for possible enforcement of failure to
submit these notices and reports).
(b) State programs shall have inspec-
tion and surveillance procedures to de-
termine, independent of information
supplied by regulated persons, compli-
ance or noncompliance with applicable
program requirements. The State
ahnii maintain:
(1) A program which is capable of
making comprehensive surveys of all
facilities and activities subject to the
State Director's authority to identify
persons subject to regulation who
have failed to comply with permit ap-
plication or other program require-
ments. Any compilation, index, or In-
ventory of such facilities and activities'
shall be made available to the Region-
al Administrator upon request;
(2) A program for periodic inspec-
tions of the facilities and activities
subject to regulation. These inspec-
tions shall be conducted in a manner
designed to:
(i) Determine compliance or non-
compliance with issued permit condi-
tions and other program requirements;
(11) Verify the accuracy of informa-
tion submitted by permittees and
other regulated persons in reporting
forms and other forms supplying mon-
itoring data; and
1.3-12
(ill) Verify the adequacy of sam-
pling, monitoring, and other methods
used by permittees and other regulat-
ed persons to develop that informa-
tion;
(3) A program for Investigating in-
formation obtained regarding viola-
tions of applicable program and
permit requirements; and
(4) Procedures for receiving and en-
suring proper consideration of infor-
mation submitted by the public about
violations. Public effort in reporting
violations shall be encouraged, and the
State Director shall make available in-
formation on reporting procedures.
(c) The State Director and State of-
ficers engaged in compliance evalua-
tion shall have authority to enter any
site or premises subject to regulation
or in which records relevant to pro-
gram operation are kept in order to
copy any records, inspect, monitor or
otherwise investigate compliance with
the State program including compli-
ance with permit conditions and other
program requirements. States whose
law requires a search warrant before
entry conform with this requirement.
(d) Investigatory inspections shall be
conducted, samples shall be taken and
other information shall be gathered in
a manner (e.g., using proper "chain of
custody" procedures) that will produce
evidence admissible in an enforcement
proceeding or in court.
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§271.16 Requirements for enforcement
authority.
(a) Any State agency administering
a program' shall have available the fol-
lowing remedies for violations of State
program requirements:
(1) To restrain immediately and ef-
fectively any person by order or by
suit in State court from engaging in
any unauthorized activity which is en-
dangering or causing damage to public
health or the environment.
[NOTE: This paragraph requires that
States have a mechanism (e.g., an adminis-
trative cease and desist order or the ability
to seek a temporary restraining order) to
stop any unauthorized activity endangering
public health or the environment.]
(2) To sue In courts of competent ju-
risdiction to enjoin any threatened or
continuing violation of any program
requirement, including permit condi-
tions, without the necessity of a prior
revocation of the permit:
(3) To access or sue to recover in
court civil penalties and to seek crimi-
nal remedies,. including fines, as fol-
lows:
(i) Civil penalties shall be recover-
able for any program violation in at
least the amount of $10,000 per day.
(ii) Criminal remedies shall be ob-
tainable against any person who know-
ingly transports any hazardous waste
to an unpermitted facility; who treats,
stores, or disposes of hazardous waste
without a permit; or who makes any
false statement, or representation in
any application, label, manifest,
record, report,. permit or other docu-
ment filed, maintained, or used for
purposes of program compliance.
Criminal fines shall be recoverable in
at least the amount of $10,000 per day
for each violation, and imprisonment
for at least six months shall be avail-
able.
(b)(l) The maximum civil penalty or
criminal fines (as provided in para-
graph (a)(3) of this section) shall be
assessable for each instance of viola-
tion and, if the violation is continuous,
shall be assessable up to the maximum
amount for each day of violation.
(2) The burden of proof and degree
of knowledge or intent required under
State law for establishing violations
under paragraph (a)(3) of this section,
shall be no greater than the burden of
proof or degree of knowledge or intent
EPA must provide when It brings an
action under the Act.
[NOTE: For example, this requirement Is
not met if State law Includes mental state as
an element of proof for civil violations.]
(c) A civil penalty assessed, sought,
or agreed upon by the State Director
under paragraph (a)(3) of this section
shall be appropriate to the violation.
INOTE To the extent the State judgments
or settlements provide penalties In. amounts
which EPA believes to be substantially Inad-
equate In comparison to the amounts which
EPA would require under similar facts,
EPA. when authorized by the applicable
statute, may commence separate actions for
penalties.
In addition to the requirements of this
paragraph, the State may have other en-
forcement remedies. The following enforce-
ment options, while not mandatory, are
highly recommended:
Procedures for assessment by the State of
the costs of Investigations, inspections, or
monitoring surveys which lead to the estab-
lishment of violations;
Procedures which enable the State to
assess or to sue any persons responsible for
unauthorized activities for any expenses In-
curred by the State in removing, correcting.
or terminating any adverse effects upon
human health and the environment result-
Ing from the unauthorized activity, whether
or not accidental:
Procedures which enable the State to sue
for compensation for any loss or destruction
of wildlife, fish or aquatic life, or their habi-
tat, and for any other damages caused by
unauthorized activity, either to the State or
to any residents of the State who are direct-
ly aggrieved by the unauthorized activity, or
both; and" - -
Procedures for the administrative assess-
ment of penalties by the Director.]
(d) Any State administering a pro-
gram under this subpart shall provide
for public participation in the State
enforcement process by providing
either:
(1) Authority which allows interven-
tion as of right in any civil action to
obtain the remedies specified in para-
graph (a) (2) or (3) of this section by
any citizen having an interest which is
or may be adversely affected; or
(2)(i) Assurance by the appropriate
State agency that it will investigate
and provide written responses to all
citizen complaints submitted pursuant
to the procedures specified in
i 271.15(b)(4);
1.3-13
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(11) Assurance by "the appropriate
State enforcement authority that it
will not oppose Intervention by any
citizen when permissive intervention is
authorized by statute, rule, or regula-
tion; and
(ill) Assurance by the appropriate
State enforcement authority that it
will publish notice of and provide at
least 30 days for public comment on
all proposed settlements of civil en-
forcement actions, except in cases
where a settlement requires some im-
mediate action (e.g., cleanup) which if
otherwise delayed could result in sub-
stantial damage to either public
health or the environment.
(Clean Water Act (33 U.S.C. 1251 et seq.),
Safe Drinking Water Act (42 U.S.C. 300f et
seq.). Clean Air Act (42 U.S.C. 7401 et seq.).
Resource Conservation and Recovery Act
(42 U.S.C. 6001 et seq.); sees. 1006, 2002(a),
3006 and 7004 of the Solid Waste Disposal
Act, as amended by the Resource Conserva-
tion and Recovery Act of 1976 (RCRA). as
amended. (42 U.S.C. 6905. 6912(a), 6926 and
6974))
[48 FR 14248. Apr. 1. 1983, as amended at 48
FR 39622, Sept. 1, 1983: 49 FR 7372, Feb. 29,
1984]
Once authorized, the State program operates- in lieu of the
Federal program. EPA retains its right to exercise its enforcement
.responsibilities in authorized States, though the reguirements EPA
enforces in that case are the State's requirements.
40 CFR 271.16(a)(2) reguires States to have authority to
enjoin violations of State hazardous waste regulations and permits.
This provision specifically requires that States applying for final
authorization have the'authority "to sue in courts of competent
jurisdiction to enjoin any threatened or continuing violation of
any program requirement, including permit conditions, without the
necessity of a prior revocation of the permit." Authority over
threatened violations is required so that States may enjoin
regulatory violations about to occur even though the threatened
violations may not rise to the level of.an imminent hazard
(§271.16(a)(1)).
Questions have arisen about what type of legal authority States
must demonstrate to comply with this provision. Several options
are available. First, the State analogue to RCRA §3008 may provide
the necessary authority. This authority may be explicit or, as in
the case of Section 3008, implicit in the authority to enforce
Subtitle C regulations. Alternatively, it is sufficient for a
State to establish that general authority or case law authority
exists for a State court of competent jurisdiction to grant the
State injunctive relief (whether preliminary or permanent) in cases
involving threatened violations. Stated another way, if a State
Attorney General is-able to demonstrate that the State courts are
generally empowered to grant injunctive relief and that such relief
could be granted to the State in a suit to enjoin a threatened
violation of a program reguirement or permit condition, then the
State program would comply with §271.16(a)(2) .
1.3-14
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States will need to provide for both civil and criminal
penalties, and must have the authority to levy such penalties
in the amount of at least $10,000 per day as specified in
§271.16(a)(3). These penalty levels are.necessary to ensure
effective State enforcement programs and to minimize the need
for EPA to take civil or criminal enforcement actions in an
authorized State. Therefore, the State muse demonstrate that
it has the authority to seek the penalty levels required by
§271.16(a)(3)(i). However, the actual fine which will be sought
or ultimately recovered in an enforcement 'case is not a final
authorization issue.
The requirement in §271.16(d) concerning public participation
in the enforcement process may be satisfied through agreement in
the MOA between the State and EPA accompanied by a certification by
the State.Attorney General (see page 2.3-10). Also note that
§271.16(dj does not require the State program to have a citizen
suit provision comparable to EPA's (§7002 of RCRA). The State is
not required to have statutory or regulatory authority equivalent
•to §7002 in order to obtain final authorization.
RCRA Standard #6 - Notice and Hearing in the Permit Process
RCRA §7004(2) .stipulates that no State permit program may be
authorized unless it: (1) provides notice of its intent to issue
a permit through publication in "major local newspapers of general
circulation"; (2) broadcasts.such notice over local radio stations;
(3) provides written notice to certain State and local government
agencies; (4) provides for at least a 45 day public comment period?
and (5) holds an informal public hearing if one is requested during
the comment'period. (See also §271.14.) As is the case with other
procedural aspects of the permitting process, if the State has the
authority, it may agree in its MOA to adhere to. these procedures if
they are not required by the State's regulations. Further discussion
of such agreements is provided on page 1.3-8.
The State need not use the term "informal public hearing",
the pertinent requirement is that the State hearing procedure
be of the same nature of that described in RCRA §7004(b)(2) and
further defined in 40 CFR 124.12. The RCRA hearing is one that
is purely legislative in nature (i.e., not an "evidentiary hearing"
as provided for in Subparts E or F of 40 CFR Part 124) and at
which oral or written" statements and data concerning the draft
permit may- be submitted by any interested person. Additional
discussion can be found at 45 FR 33405 and 33406 (May 19, 1980).
Where a State employs hearing's of the nature of an
"evidentiary hearing", it'Should ensure that its evidentiary
procedures also contain procedures analogous to those in 40 CFR
124.12, or else hold an additional "informal" hearing.
1.3-15
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RCRA Standard #7 - State Availability of Information
RCRA §3006(f), as amended by HSWA, provides that no State
program may be authorized unless the following two criteria are
met:
(1) such program provides for the public availability
of information obtained by the State regarding
facilities and sites for' treatment, storage and
disposal of hazardous waste; and
(2) such information is available to the public in
substantially the same manner, and to the same degree,
as would be the case for the Federal program.
This statutory requirement was incorporated into EPA's State
authorization regulations at 40 CFR §271.17(c). (See 50 FR 28754,
July 15, 1985) . . ..' '
§271.17 Sharing of information.
******
(,c)(l),The.State program must provide '-'
for the public availability of information
obtained, by the. State regarding facilities
and sites for the- treatment, storage, and
disposal of hazardous- waste:. Such1
information must be made available to
the public-in< substantially the same
manner, and to. the same, degree, as
would be the case if the Administrator
was carrying out the provisions-of
- Subtitl&Cof RCRA in the State.
(2) A State must revise its- program to
comply with this section in accordance
with § 271.21(eJ{2)Iii}t. Interim
authorization under §: 271.24 is not
available to demonstrate compliance
with this section.
EPA has interpreted the first criterion mentioned above
to refer to the procedures EPA employees use in disclosing or
withholding information under the Freedom of Information Act
(FOIA). EPA has interpreted the second criterion to refer to
the type and quantity of information available under FOIA and
EPA's FOIA regulations (40 CFR Part 2, Suparts A and B). The
Agency has also concluded that information regarding facilities
and sites would at least cover information relating to permitting,
compliance and enforcement, and include information gathered
under RCRA §3007(a) (or a State analog). See 50. FR 28730 and
28753, July 15, 1985. Further, because much or all of the
information obtained by States could have been obtained by EPA
and would be subject to the disclaimer provision of RCRA §3007(b),
EPA.has also relied upon that provision in determining what
requirements States must meet to satisfy Section 3006(f).
1.3-16
-------
States will need to adopt much of the substance of 40
CFR Part 2, Subparts A and B in order to meet the standards
of §3006(f). In evaluating whether a State satisfies §3006(f),
EPA will evaluate the overall program on a case by case basis.
Failure to adopt every EPA provision or to parallel EPA's
regulations in every respect does not mean that EPA will not
approve the State's program. EPA will evaluate the State's
procedures against the statutory standard found in this section.
EPA must be assured that the public has the broad access to
information guaranteed under Federal law.
•In developing an analogue to §3006(f), EPA expects States
generally to adopt regulations. However, it is possible that
some States may use a Memorandum of Agreement (MOA) between the
State and EPA as a partial substitute for regulations.. In deciding
which provisions may be suitable for inclusion in an MOA, EPA has
been guided by three factors: (1) are the legal rights of citizens
possibly prejudiced by the absence of regulations, (2) does the
public have clear notice of the procedures and requirements that
govern State FOIA requests, and (3) how does the MOA fit into the
State's FOIA-type regulations?
More detailed guidance regarding authorization requirement
for State availability of information can-be found in Appendix E.
Note that this statutory test will be applied to States initially
applying for authorization after'November 8, 1985. Previously
authorized States must revise 'their programs in accordance with
the schedule discussed in Chapter 1.5.
Additional State Program Requirements Pursuant to HSWA
The above section on State availability of information
describes one of the major State program requirements brought
about by HSWA. Numerous other HSWA changes to the Federal program
will need to be picked up by the State program. In most cases
these HSWA provisions will automatically become authorization
requirements because §§271.9-14 impose a continuing obligation
for the State program to remain equivalent to EPA's program.
For example, existing §§271.12(j) and 271.13(a) already require .
State program to include State analogues to all Part 264 and 266
requirements and to require facilities with the State equivalent
of interim status to comply with standards at least as stringent
as Part 265. EPA anticipates that, with few exceptions, States
will need to adopt analogues to changes that are made to Parts
260-268 and Part 124.
In some cases-EPA will make specific amendments to Part 271
to identify particular HSWA authorization requirements. The
following sections.present some of those new requirements and
provide a discussion of each one.
1.3-17
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1. Requirements for Identification and Listing - §271.9.
§271.9 Requirements (or Identification
and listing of hazardous wastes.
(b) The State is not required to have a
delisting mechanism. If a State does
have a delisting mechanism, then the
State regulations for delisting decisions
must be equivalent to § 260.22.
As indicated in §271.9(b), the State is not required to
adopt an equivalent "delisting" mechanism in order to obtain
final authorization. However, if a State choses to delist
wastes, its delistinq mechanism must fae in regulations and must
be equivalent to §260.22. Note that HSWA changed the Federal
delisting program, and returned all RCRA delisting authorities
to.EPA. Therefore, any State that would like for its delisting
program to operate in lieu of EPA's must seek EPA approval via
the authorization/revision process. (See "RORA Reauthorization
Statutory Interpretation #4",-dated 5/16/86.).
2. Requirements for Permitting - §271.13.
§ 271.13 Requirements with respect to
permits and permit applications.
(a) State law must require permits for
owners and operators of all hazardous
waste management facilities required to
obtain a permit under 40 CFR Part 270
; and prohibit the operation of any
hazardous waste management facility
without such a permit, except that ,,
States may, if adequate legal authority
exists, authorize owners and operators
of any facility which would qualify for
interim> status under the Federal
program- to remain- in operation until a
final decision is made on the peimit
application, or until interim status
terminates pursuant to 40 CFR
§ 270.73(cMO. When State law
authorizes such continued operation it
shall require compliance by owners and
operators of such facilities with
standards at Least as stringent as EPA's
interim status standards at 40 CFR Part
265.
HSWA amended the RCRA program to require automatic
termination of interim status if Part B permit applications are
not submitted with-in specific time frames. Therefore, §271.13(a)
was amended [proposed 1/6/86, 51 FR 496-504] to assure that State
programs similarly provide for automatic termination of the State
analogue to Federal interim status upon a facility's failure to
submit a Part B application.
1.3-18
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OSWER Policy Directive
No. 9540.00-1C
CHAPTER 1.5
STATE PROGRAM REVISIONS
FEDERAL REQUIREMENT
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
§271.21 Procedures for revision of State
programs.
(a) Either EPA or the approved
State may Initiate program revision.
Program revision may be necessary
when the controlling Federal or State
statutory or regulatory authority is
modified or supplemented. The State
shall keep EPA fully informed of any
proposed modifications to its basic
statutory or regulatory authority., its
forms, procedures, or priorities.
(b) Revision of a State program shall
. be accomplished as follows:
(1) The State shall submit a modi-
fied program description. Attorney
General's statement. Memorandum of
Agreement, or such other documents
as EPA determines to be necessary
under the circumstances.
(2) The Administrator shall approve or
disapprove program revisions based on
the requirements of this part and of the
Act. In approving or disapproving
program revisions, the Administrator
shall follow the procedures of paragraph
(b)(3) or (4) of this section.
(3) The procedures for an immediate
final publication of the Administrator's
decision are as follows:
(i) The Administrator shall issub
public notice of his approval or
disapproval of a State program revision:
(A) In the Federal Register;
(B) In enough of the largest
newspapers in the State to attract
Statewide attention; and
(C) By mailing to persons on the State
agency mailing list and to any other
persons whom the agency has reason to
believe are interested.
(ii) The public notice shall summarize
the State program revision, indicate
whether EPA intends to approve or
disapprove the revision and provide for •"
an opportunity to comment for a period
of 30 days.
(iii) Approval or disapproval of a
State program revision shall become
effective 60 days after the date of
publication in the Federal Register in
accordance with paragraph (b)(3)(i) of
this section, unless an adverse comment
pertaining to the State revision
discussed in the notice is received by
the end of the comment period. If an
adverse comment is received the
Administrator shall so notify the State
and shall, within 60 days after the date
of publication, publish in the Federal
Register either:
(A) A withdrawal of the immediate
final decision; or
(B) A notice containing a response to
comments~and which eitlmi
-------
(c) States with approved programs
shall notify EPA whenever they pro-
pose to transfer all or pan of any pro-
gram from the approved State agency
to any other State agency, and shall
identify any new division of responsi-
bilities among the agencies Involved.
The new agency is not authorized to
administer the program until ap-
proved by the Administrator under
paragraph (b) of this section. Organi-
zational charts required under
8 271.6(b) shall be revised and resub-
mltted.
(d) Whenever the Administrator has
reason to believe that circumstances
have changed with respect to a State
program, he may request, and the
State shall provide, a supplemental At-
torney General's statement, program
description, or such other documents
or information as are necessary.
[The following sections
51 FR 496-504.]
(e) and (f) were proposed 1/6/86,
(e)(l) As-the Federal program changes,
authorized State programs must be
revised to remain in compliance with
this subpart. _ .
(2) Federal program changes are
defined for purposes of this section as
promulgated amendments to 40 CFR
Parts 124.270, or 260-266 and any self-
implementing statutory provisions (i.e..
those taking effect without prior
implementing regulations) which are
listed as State program requirements in
this subpart. States must modify their
programs to reflect Federal program
changes and must subsequently submit
the modifications to EPA for approval.
(i) For Federal program changes
occurring before July 1.1984, the State
program must be modified within one
year of the date of the Federal program
change.
(ii) Except as provided in paragraph
(e)(2)(iii) of this section, for Federal
program changes occurring on or after
July 1.1984. the State program must be
modified by July 1 of each year to reflect
all changes to the Federal program
occurring during the 12 months
preceding the previous July 1. (For
example. States must modify their
programs by July 1,1986 to reflect all
changes from July 1,1984 to June 30.
1985.)
(iii) For Federal program changes
identified in { 271.1(j) that occur
between November a, 1984 and July 30,
1987 (inclusive), the State program must
be modified by July 1,1988.
(iv) States may have an additional
year to modify their programs for those
changes to the Federal program
identified in paragraphs (e)(2)(i). (ii), and
(iii) of this section which necessitate a
State statutory amendment. '
(3) The deadlines in paragraphs
(e)(2)(i}-{iv) may be extended by the
Regional Administrator upon an
adequate demonstration by a State that
it has made a good faith effort to meet
these deadlines and that its legislative
or rulemaking procedures render the
State unable to do so. No such extension
shall exceed six months.
(4) Within 30 days of the completion
of the State program modification the
State must submit to EPA the
documentation described in paragraph
(b) of this section to revise its program.
(f) A State must modify its program to
comply with any Federal program
changes which occur during the period
beginning one year prior to submission
of the official application and ending on
the day that final authorization is
received. Such State program
modifications must be completed and
submitted by the deadlines specified in
paragraph (e) of this section or by the
date of final authorization, whichever is
later.
1.5-la
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INTRODUCTION "
w ,
EPA recognizes that hazardous waste management programs will
continue to evolve over the coming years. Many changes in the
Federal program will necessitate subsequent modifications in
the programs of States that have been granted final authorization,
in order for these State programs to continue to meet the statutory
requirements for authorization (i.e., RCRA §§3006, 3009 and 7004).
Similarly, authorized State programs may wish to independently
undertake modifications; however, it is necessary for EPA to
review such State modifications to ensure that they will not
jeopardize the State's authorization. Thus, EPA has promulgated
rules (§271.21) for review and approval of modifications to
State programs. This Chapter explains which program, modifications
are of particular interest to EPA and describes procedures for
evaluating those modifications.
As used rn this Chapter, the term "modification" refers
to the State process to complete the changes to its program.
(The term "modification" also means the actual change itself.)
The State program "revision" process encompasses the time and
actions necessary for the State to subsequently submit
documentation regarding its modification to EPA and for EPA to
review and approve the State program modification.
TYPES OF PROGRAM CHANGES
State programs may be revised in response to changes in the
.Federal program or in response to the State's desire to change
its program.
1. Federally-Initiated Program Revisions -
RCRA Amendments. Amendments to the Federal statute normally
give rise to conforming changes in the Federal regulations.
Federal program changes may also be imposed directly by statutory
amendments; that is, without translation into Federal regulations.
Such changes in the Federal statute may, in turn, require
legislative and/or regulatory modifications in State programs.
The Hazardous and Solid Waste Amendments of 1984 (HSWA) have
numerous provisions that are imposed directly by statute.
Federal Regulatory Changes. Most changes to 40 CFR Parts
124, 260 through 266, 270, or 271 will trigger the need for a
State program modification. (Note, however, that States need
not adopt changes that reduce the stringency or scope of the
RCRA program.) Some Federal regulatory changes may be made in.
response to legislative amendments, and others may be improvements
in technical or administrative requirements. In the preamble to
EPA regulatory actions published in the Federal Register, EPA
will alert States to the need for conforming State program
modifications. In addition,, supplements to this Manual will be
issued to provide detailed guidance concerning the Federal changes.
1.5-2
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2. State-Initiated Program Revisions
Statutory Changes. State legislatures are currently active
in enacting new legislation that increases or otherwise amends
the States' hazardous waste program authorities. New legislation
could significantly impact State authority to operate an authorized
program. States should submit draft legislation, bills, amendments,
etc., to EPA as early as possible for Agency review and comment
regarding impact on the authorized program.
Regulatory Changes. Pursuant to State legislative
reguirements, or on its own initiative, the State agency may
choose to amend its regulations. Copies of such State regulations
should be submitted as early as possible (e.g., at the draft
stage prior to proposal) to EPA for review and comment regarding
impact on the authorized program.
Program Changes. State Agency reorganization-, program
changes that would alter the agreements established in the MOA,
administrative changes to forms or priorities, etc., should be
submitted to EPA for review. Note that the transfer of all or
part of the State program from the approved State agency to any
other State agency must be approved by EPA as a program revision.
Until such approval, new State agencies are not authorized to
administer the program. (See §271.21(c)). If a major shift of
responsibilities is made to an unapproved State agency, then the
State's authorization could revert to-EPA until the program
revision is approved. However, changes solely in the internal
structure of the approved State agencyL with no changes in the
overall authority of the agency, do hot require EPA approval.
It is critical that the State keep EPA informed of all pending
State program changes so that EPA can determine if a revision
will be necessary.
Other Changes. Legal challenges to State regulations or
legislation are not normally considered to be "State-initated"
changes. However, such legal challenges may result in State
program modifications. Therefore, it is important for States
to notify EPA of these legal challenges.
CRITERIA FOR APPROVING/DISAPPROVING REVISIONS
In order for a State to receive final authorization for its
program modification, the State must demonstrate that the change
to its program meets the final authorization tests specified
in RCRA:
1. Equivalent program
.2. No less stringent program
3. Consistent program
4. More stringent program allowed
5. Adequate enforcement
6. Notice and hearing in the permit process
7. Availability of information
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In contrast, the test for interim authorization is that the State
must have a "substantially equivalent program". Since interim
authorization is only available for HSWA provisions and is of
a limited duration, this chapter will primarily focus on final
authorization. The statutory tests for final authorization
are discussed in detail in Chapter 1.3. The guidance regarding
the criteria for final authorization that is provided throughout
this Manual applies to State program revisions as well as for .
initial final authorization applications. The following guidance
and examples briefly illustate how the final authorization tests
will be applied to State revisions.
1. Equivalent and No Less Stringent Programs.
Except as discussed below, EPA will not approve any change
in the State's authorized program (i.e., any change in an area
of the State program which corresponds to an area of the Federal
program for which the State is authorized) which lessens the
stringency or decreases the scope of the State program. EPA
recognizes that State programs that are more stringent or
broader than the Federal program may make certain program modif-
fications to those State requirements and still meet the test
for final authorization. EPA will review such changes carefully
in order to determine whether a State revision is necessary. It
is important to note that'if the review finds that the State
has changed an aspect of its .program which is beyond the scope
.of the Federally-approved program, such a change does not require
EPA approval.
2. Consistent and More Stringent Program.
Section 3009 allows States to impose requirements "which
may be more stringent than those imposed by [RCRA] regulations"
as long as they are "consistent with Federal or State programs
applicable in other States." Changes which would make the State
program more stringent will normally require revision since it
impacts the authorized State program. In addition, such changes
will also be considered in light of the consistency test. EPA
has focused its review of consistency, pursuant to 40 CFR 271.4,
on provisions which tend to impede the flow of interstate commerce
or otherwise interfere with the national regulatory scheme
established by RCRA.
3. Notice and Hearing in the Permit Process.
EPA will not be able to approve changes in the permitting
notice and hearing procedures if the changes would be in conflict
with Section 7004(b)(2) or if the changes would have initially
jeopardized authorization of the State program. Areas of particular
concern include:
0 Shortening the duration of comment period so that
1 it is less than the 45 day minimum period required
by statute
1.5-4
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0 Limiting public access to permit information
9 ,
0 Limiting distribution or types of media for notices
(e.g., removing the requirement for newspaper or
radio notice for permits)
0 Limiting the opportunity for public hearing (e.g.,
establishing a threshold of public interest necessary
before' a hearing would be held)
4. Adequate Enforcement.
EPA will disapprove changes in the enforcement program if
the change would result in a State program that no longer meets
the requirements of §271.15 and 16. Examples include:
0 Reductions in civil or criminal penalties below the
levels specified in §271.16(a)(3)
0 Restrictions in the types of enforcement authorities
provided to the State (e.g., if mental state is an
element of proof of civil violations)
0 Restrictions on public participation in the enforcement
process that are in conflict with §271.16(d)
AVAILABILITY OF AUTHORIZATION FOR FEDERAL PROGRAM CHANGES
State authorization is available for Federal program changes
on the effective date of the change. In.many cases a RCRA final
rule will be promulgated months in advance of its effective date.
Similarly, the content of a HSWA self-implementing provision is
often known in advance of its effective date. In such cases, a
State may modify its program and submit its revision application
to EPA prior to the effective date. EPA will review the revision
based on the final rule or self-implementing statutory provision.
EPA may publish the approval of the State program revision before
the effective date of the Federal requirement, but the authorization
can only become effective on or after the Federal requirement's
effective date. (For example, if a waste listing is published
in January and becomes effective the following July, EPA could
review and approve the State's corresponding waste listing during
the January-July period, but the State's authorization could not
become effective until the July effective date for the waste
listing.)
States that apply in advance of HSWA provision effective
dates must be cognizant of any intervening changes to such
provisions. For example, if a State received EPA approval
for a HSWA self-implementing statutory provision, but prior to
the scheduled, effective date EPA promulgated final regulations
pursuant to the same HSWA authority, then the State authorization
may be superceeded even before it has a chance to take effect.
(See Chapter 1.1 for more detailed discussion.) States should
1.5-5
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also be careful not to try to anticipate the content of future
Federal .requirements; in no case will EPA be able to grant
authorization'to a State based on proposed Federal requirements.
STATE MODIFICATION DEADLINES
States are encouraged to apply for-authorization for
Federal program changes as soon as is practicable. States
must also recognize that §271.21(e) [proposed 1/6/86, 51 FR
496-504] specifies deadlines for State modifications to be
completed. The deadlines apply only to those Federal changes
that increase the stringency or scope of the Federal program.
Further, the deadlines are dependent on when the Federal change
occurred and whether it is a HSWA or non-HSWA change, as discussed
below. Note that Table 3 contains a summary of the deadlines.
1. Federal Program Changes Prior to July 1, 1984.
For Federal program changes that occurred prior to July 1,
1984, States must modify their programs within one year after
the Federal rule was promulgated (or within two years if a State
statutory change is needed). Only four such Federal program
changes require State modifications (see Table A-l, "Recent Federal
Requirements"), and most States with final authorization have
already received approval for these provisions.
2. , Federal Program Changes After July 1, 1984 - "Clusters".
Beginning in July of .1984, §271. 21(e)(2)(ii) annually
establishes one State modification deadline for all EPA program
changes that occur over a twelve month period (July 1 to June 30
of each year).- [Proposed 1/6/86, 51 FR 496-504.]' The program
changes that occur during that period are referred to as a
"cluster". The deadline for the State to pick up all the changes
in the cluster is one year after the end date of.the cluster.
Therefore, the first cluster encompasses the changes between
July 1, 1984, and June 30, 1985, and the State modification
deadline is July 1, 1986. (See Table A-l, "Recent Federal
Requirements".) Subsequent clusters are automatically determined
by the July 1 - June 30 time frames.
There are a few exceptions to the cluster system. First,
there is a "special HSWA cluster" for certain HSWA provisions
(discussed below), so the first three annual clusters will contain
only non-HSWA provisions (wi'th one exception, discussed in the
following'section). Also, if a State needs to make a statutory
change for one or more of the requirements contained in the
cluster, then the modification deadline is extended by an addi-
tional year, but only for those specific portions of the cluster
that require the statutory basis to change. Further, the Regional
Administrator may extend the cluster deadline by up to six months
on a case-by-case basis if the State demonstrates that it has
made a good faith effort to meet the deadlines but that its
legislative or rulemaking procedures have caused it to miss the
deadlines (see §271.21(e)(3)).
1.5-6
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Table 3
Cluster Periods
Cluster Period
State Program
Modification
Deadline
Program Areas Affected
-Prior to 7/1/84
7/1/84-6/30/85
7/1/85-6/30/86
7/1/86-6/30/87.
11/8/84-6/30/87
"Special HSWA
Cluster"
7/1/87-6/30/88
etc.
1 yr after
promulgation
7/1/86
7/1/87
7/1/88
7/1/88
7/1/89
etc.
RCRA changes
Non-HSWA changes
Non-HSWA changes
Non-HSWA changes
HSWA changes.
All .RCRA changes
(HSWA and non-HSWA)
NOTE: ° 1 year extension is available for the specific
provisions for which the State needs a statutory
change • ~ ' .
0 RA can extend cluster deadlines by 6 months on a
case-by-case basis ;
3. Special HSWA Cluster.
for the HSWA provisions that are promulgated or take
effect between the date of enactment (November 8, 1984) and
June 30, 1987, States would be required to modify their programs
by July 1, 1988 (see §271.21(e)(2)(iii)). Modifications for
those specific provisions that require a.State statutory change
are due July 1, 1989. This is a special, one-time, multi-year
cluster that is designed to minimize Federal and State program -
disruption due to HSWA. After July 1, 1987,. HSWA provisions
will be included in the annual clusters described above.
States are still encouraged to apply for final authorization
for some or all HSWA requirements before 1988. The purpose
behind the 1988 deadline for HSWA-related provisions is not to
perpetuate EPA's role in authorized States but to give States a
choice. That is, each State can decide for itself whether it is
better to continue in a dual permitting/implementation mode with
EPA or to obtain authorization for HSWA provisions with the "
knowledge that part of the RCRA program may be returned to EPA
when new HSWA requirements take effect. Either choice is far
1.5-7
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from ideal, but EPA believes that each State should decide which
approach is least disruptive to its' program.
There is one exception to this HSWA cluster. The §271.17
requirement for State programs to provide for public availability
of information stems from HSWA, but it does not take immediate .
effect in authorized States. Therefore, authorized State programs
need to be revised before this requirement will be effective.
Section 271.17(c)(2) requires State modifications for this
provision by July 1, 1986 (or July 1, 1987 if a statutory change
is required). -
EXISTING STATE PROVISIONS THAT ARE SIMILAR TO NEW FEDERAL
REQUIREMENTS .
A State may have a requirement that was more stringent or
broader in scope than the Federal program when the State was
initially authorized, and which the State believes to be equivalent
or substantially equivalent to one of the new Federal requirements.
However, for a number of reasons, the State is not automatically
authorized for the new requirements. Specifically:
0- the State's requirements have not been evaluated by EPA
with respect to the new Federal requirements;
0 the State's Attorney General has not certified equivalence
or substantial equivalence with respect to the new Federal
requirement; - .
0 the public has not been given the opportunity to comment
on the State's program with respect.to the new Federal
requirement; and, finally
0 RCRA §3006(g) requires submission of an application even
where the State has an existing requirement.
For these reasons, such a State is subject to the same procedures
as any other State to obtain authorization for that requirement.
However, as discussed later in this chapter, resubmission of the
State's authorities will not be required.
PROCEDURES FOR REVIEW OF STATE PROGRAM REVISIONS
The procedures for approving State program revisions are
specified in §271.21(b). [See the "streamlining" rule, March 4, 1
1986, 51 FR 7540-42.] There are two methods available for pro-
cessing revisions: 1) immediate final rulemaking, or 2) standard"
rulemaking. Each of these procedures is significantly less burden-
some for States than the procedures for receiving the initial final
authorization: there is no State hearing requirement, no require-
ment for the State to provide notice and opportunity for comment
on the application, and a less detailed application is required.
The following sections describe the responsibilities and procedures
for review and approval of State program modifications. /
1.5-8
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1. Who Approves Revisions?
As with initial final authorization, approval authority for
all State program revisions has been delegated to the Regional
Administrators (EPA Delegation 8-7). Thus, the Regions are the
focal point for review and approval of program revisions.
However, the Regional Administrator (RA) will need to consult
with the Assistant Administrator for Solid Waste and Emergency
Response in these revision decisions. Consultation is accom-
plished by the Region submitting its decision to the HQ Review
Team for 10 work-day review. If HQ does not raise issues
regarding the Regional decision during the consultation period,
then automatic agreement can be assumed and the Federal Register
notice announcing or proposing the decision may be published.
2. How Will States Know If A Revision Is Needed?
Federal Register notices and supplemental EPA guidance will
indicate when States need to change their programs for Federally-
initiated revisions. However, State-initiated changes,must .be sub-
mitted to EPA by the State and reviewed by the Regional Administrator
to determine whether it requires EPA approval through the revisions
process. If the State-initiated modification results in a change
to the authorized program, then EPA approval will probably be
necessary.
3. Draft State .Modifications.
It is very important that the State consult with EPA as
early as possible when the State is contemplating any program
changes, particularly for legislative and regulatory amendments.
It must be r-ecognized that EPA cannot directly enforce a State
modification under RCRA §3008 until it has been approved. In
fact, EPA could only enforce the prior State requirement until
the State change is approved.
The State should contact the Regional Office when it begins
to develop program changes. The Regional Office will cooperate
with and assist the State by arranging for the review of draft
regulations, bills, policies, etc. EPA will attempt to assess
whether such draft modifications would be approved and will
recommend the type and extent of documentation the State will
need to submit with its proposed revision based on guidance
provided in this Manual. On request, Headquarters will assist
the Region in the.review of draft modifications.
Generally, EPA will review draft revisions within 30 days.
However, if the State changes are extensive, or if numerous EPA
offices are involved in the review, then more time may be required.
If additional time is necessary, EPA will inform the State within
two weeks of receipt of the draft modification. Since this is
the most critical stage in the State modification process, it is
important that the EPA review be thorough.
1.5-9
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4. When Does The State Submit Its Completed Modification
To EPA ?
EPA regulations at §271.21(e)(4) require that the State
submit its completed modification and 'supporting authorization
documents within 30 days of the modification. In order to
accomplish this, the State should develop its revision application
concurrently with its program modifications. The State should
then submit a draft of its revision application (including the
modification) to EPA by the 30 day deadline in order to satisfy
§271.21(e)(4).
EPA review of a draft revision application will involve both
Regional >and Headquarters offices. It is vital that all EPA
concerns are identified at this draft stage so, that the subsequent
approval actions will go smoothly. Therefore, all appropriate
program, legal, and enforcement offices in the Region and
Headquarters should particpate in the review.
Figure 3 illustrates the review schedule for draft revision
packages. The 30 day review period should be sufficient for
Day
1
18
23
30
Figure 3
Draft Revision Application Review Process
Region • Headquarters
State Coordinator
Distributes
Draft Revision
Begin
Regional Review
Review Team Leader
Team Review Begins
Comments to
Regional Liason
Comments to State
Coordinator
Team Comments from
Team Leader
Comment Letter
to State
1.5-10
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quality draft applications. States must recognize that the
success of this review will be dependent on a clear and complete
application. If critical elements (e.g., AG Statement, regulation
checklists) are missing or inadequate, then the review period may
need to be extended and another draft revision application may be
warranted.
If a State would like to expedite its authorization process,
it could submit its draft revision application to EPA for review
along with its draft modification (discussed in the section above)
Then, the State would be prepared'to submit its final revision
application soon after it completes the program, changes.
5. Contents of The Revision
In order to evaluate a State's proposed revision, EPA
must have information which allows it to:
0 know the substance of the proposed revision (e.g.,
the statutory or regulatory language), and
0 understand the impact the proposed revision would
have on the State's ability to continue to meet
the six tests for final authorization.
Of course, the extent1and nature of documentation needed from
the State 'to provide this information will vary. For Federally-
initiated changes Chapter 1.7 of this manual will identify the
minimum type of documentation that will be necessary. In most
cases, the following documentation' will be required:
.° A letter from the State Director transmitting the
proposed revision
0 A brief AG's certification
0 Copy of modified.State statute, rules, etc.
0 Completed regulatory and/or statutory checklists
In some cases other revised authorization documents may
be appropriate (Program Description, MOA, etc.). If the State
has questions about what it should submit, it should contact
the Regional Office.
6. Approval Process for Revisions.
The timetable for EPA review procedures leading to approval
or disapproval of a State program revision are displayed in
Figure 4 (for immediate final rulemaking) and Figure 5 (for
standard rulemaking). Actions are shown in each Figure under
the headings "Region" and "Headquarters". The beginning and
ending times for the various actions are shown in calendar days.
Sections 7 and 8 below describe the specific activities involved
in the approval process.
1.5-11
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Although EPA does not require States to provide for a
s'eparate' comment period on the State's proposed submission
as was the case for the State's initial application for final
authorization (40 CFR 271.20(a)), States may do so at their
own initiative or in response to their ow.n State requirements.
However, the State's public participation process is not a
substitute for the Federal requirements for public participation
on EPA approval of revisions.
EPA uses 40 CFR Part 272 to codify the Agency's approval
of State hazardous waste programs. This is accomplished by
"codifying" the pertinent State authorization documents and
"incorporating by reference" the laws and regulations of these
programs. EPA must work with the Office of Federal Register
(OFR) since they must approve any Federal incorporation by
reference. See Chapter 1.6 for.a detailed discussion of
State authorization codification.
It is important to note that the schedules for review of
revision applications presented in this chapter assume that all
deficiences identified by EPA in the State* s draft application
have been remedied. If EPA identifies problems in the State's
revision application that cannot be quickly fixed, then EPA's
review will recommence at Day 1 upon receipt of the State's
amended submission (see Figures 4 and 5).
7. Immediate, Final Rulemaking (§271.21(b)(3)) .
The immediate final rulemaking option is designed to
streamline the revisions approval process. In most cases this
approach should result in only one Federal Register notice indi-
cating that-the State revision is approved (or disapproved) in
60 days unless EPA receives a negative comment within the 30 day
comment period. However, if a negative comment is received, one
or more subsequent Federal Register notices will be needed.
A timeline for the immediate final review process is shown
in Figure 4. Headquarters and the Region will concurrently
review the revision application, and all comments are due to
the State Coordinator by Day 20. Comments may be sent sooner
depending on the complexity of the State's application^ As a
general rule, AA memos will not be sent following the Team's
comments. They will only be sent where there are significant
issues requiring the attention of top OSWER, OGC, or Enforcement
Office management. . If it is necessary to send comments to the
State, then the review process will be delayed unless the
deficiencies can be corrected by Day 35. Significant changes
to the State's application may result in beginning the review
again at Day 1.
The Region prepares the following documents and transmits
them to the Headquarters Review Team Leader by Day 35:
0 Transmittal Memo
0 Chargeback form
1.5-12
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Day
Figure 4
Immediate Final Revision Process (§271.21(1?) ( 3) )
Region . Headquarters
1
2
3
15
20
35
36
50'
57
60
65
95
108
115
125
State Coordinator
Distributes
Revision
Regional.Review
Begins
Comments to
State Coordinator
Prepare FR Notice
Transmit Immediate
Final FR Notice
& OFR Documents
Mailout and Publish
Newspaper Notice
Public Comment
Period Begins
I
Public Comment
Period Ends
Prepare Response
to Comments
Transmit New
Decision FR Notice
Revision Effective
I
Authorization File
Review Team Leader
Team Review
I
Comments to
Regional Liaison
Team Comments
from Team Leader
Review Team Leader
Transmit Documents
'to OFR
End of Ten Day
AA Consultation
Period
End of OFR Review
(comment to Region)
Publish FR Notice
Review Team Leader
End of Abbreviated
AA Consultation
Period
Publish New
Decision and/or
Withdraw FR Notice
1.5-13
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0 FR Notice, including the incorporation by reference
legal citations
0 letter to OFR
0 photocopies of State statutes and regulations
On Day 36 Headquarters transmits the appropriate documents
to the Office of Federal Register: 1) Region's letter, 2) FR
notice, and 3) photocopies of State statutes and regulations.
The OFR should respond by Day 56. If comments are raised by
the OFR, they must be resolved by the Region before the revision
process can continue. Headquarters will immediately notify the
Region of any such comments.
Also on Day 36 Headquarters begins its ten work-day
consultation period as established in EPA Delegation 8-7. During
this period, OSW, OWPE and OGC members of the Team will review
the Transmittal Memorandum and Federal Register notice; AA and
General Counsel concurrence on the Transmittal Memorandum will
not be required. Note that this Transmittal Memo is less formal •
than the Action Memo which is used, for authorization decisions
on initial applications. The Transmittal Memo does not have to
provide for Headquarters signatures; instead it should merely
request appropriate consultation prior to publishing the decision.
After the consultation is completed and OFR approval is
received the HQ Regional Liaison will submit the the Federal
Register notice for publication if Headquarters agrees with
the immediate final decision. • If Headquarters disagrees with
-the Regional decision,, then the AA for OSWER must prepare a
written response to the Regional Administrator within the ten
day consultation period.
The immediate final rule must indicate that the State revision
is approved or disapproved and takes effect 60 days after the
date of publication unless EPA receives a negative comment within
the 30-day public comment period. The Region must arrange for
notice to be published in the appropriate State newspapers, and
for notice to be sent to persons on the State's mailing list.
If the Federal Register notice is published on Day 65 and no
adverse comments are received by Day 95, then the revision will
become effective on Day 125.
If EPA receives one or more adverse comments, then the RA
must notify the State that such comment has been received. Also,
the RA must publish a second Federal Register notice before the
immediate final rule takes effect. The-RA has the following
4 options in responding to adverse comments:
0 If the Regional Administrator disagrees with the
public comments, he may publish a second Federal . •
Register notice prior to the effective date of his
decision which identifies the issues raised, responds
to these comments and affirms that the immediate final
rule will take effect as scheduled.
1.5-14
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« If the Regional Administrator agrees with the public
comments and decides to reverse his decision, he may
publish a final rule before the effective date of his
decision reflecting his changed position and explaining
his reasoning.
0 If the RA agrees with the comments and decides to
reverse his decision but believes the changes in position
warrants a new round of public comment, he may withdraw
the immediate final rule prior to its effective date
and simultaneously^announce his new decision. The new
decision may either be a proposal (per the standard
rulemaking process) or an immediate final rule.
0 If the comments raise issues that the'RA cannot resolve
before the effective date of the immediate final rule,
he must withdraw the rule prior to its effective date.
If time allows, the withdrawal notice should provide
specific discussion regarding reasons for the withdrawal
and what State changes may be required, if any. At a
later date, the RA may publish a final rule which
responds to comments and contains his decision or he
may provide, a new round of comment. This option assures
that EPA will have whatever amount of time is necessary
to consider all comments fully.
Whenever a second Federal Register notice is required in
the immediate final process, the RA will forward the notice to
the HQ Regional Team Leader by Day.J.08. (However, if the
'notice only withdraws EPA's prior notice, HQ consultation is
not required; therefore the RA has until Day 118 to transmit
the notice .to HQ.) HQ will ensure that the necessary consultation
is provided and the Federal Register notice is published by
Day 125. This will require an abbreviated consultation period
of ^ work days. If the RA and HQ cannot reach agreement by
Day 115, then the RA must submit an FR notice to withdraw the
interim final rule.
Note that if an adverse public comment is not "germane"
to the State revision, EPA does not have to respond to it in a
second Federal Register notice. For example, if the adverse
comment concerned the State's permit program whereas the program
revision concerned manifest requirements, a response to such
comment would not be necessary. Similarly," EPA would not
publish a response where a person objected to EPA's decision
but gave no reason.
If the second Federal Register notice or other revision
documents contain a change to the State materials that are
incorporated by reference, then an additional review by the OFR
will be required. For example, if the State submits additional
or amended statutes or regulations that were not previously
reviewed by the OFR, then OFR approval must be obtained again.
1.5-15
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This will usually require the RA to withdraw the immediate final
rule since there will be insufficient time to publish a notice
prior to the rule's effective date. Note, however, that OFR
review is only required for materials that are incorporated by
reference. Changes to documents that are merely being codified
in Part 272 will, not need OFR approval.
8. Standard Rulemaking (§271.21(b)(3)).
The standard rulemaking process provides a public comment
period on EPA's proposed decision to approve or disapprove the
State revision. EPA then reviews the public comments and responds
to them in a final rule Approving or disapproving the revision.
A timeline for the standard rulemaking .review .process is shown
. in Figure 5. The activities between Day 1 and Day 50 are pro-
cedurally the same as descrived above for the immediate final
option. The only difference is that the Region prepares a proposed
rule that announces the availability of the State's proposed program
revision for public review .and comment, summarizes the proposed
revisions, and discusses EPA's proposed approval or disapproval
of the revisions. The proposal must provided for a comment period
of at least 30 days. The proposal does not have to be approved by
OFR, so once HQ consultation is completed (Day 50), the HQ Liaison
will submit the Federal Register notice for publication.
Once the public comment period^has closed (Day 87), the
Region will review the public comments and will develop a
response to those comments. Within three weeks of the close
of the comment period (Day"110), the Regional Administrator
will transmit the Federal Register final action containing his
-approval or .disapproval to the Headquarters Review Team.
Unless there are issues identified in the proposal that remain
unresolved, Headquarters will waive its consultation period
and deliver the final action to the Federal Register for publi-
cation. If Headquarters disagrees with the final Regional
decision, then the AA for OSWER must prepare a written.response
to the Regional Administrator within the ten day consultation
period. As discussed in Section 8 above, any change to materials
that are incorporated by reference will require OFR approval.
9. When to Use Standard Rulemaking vs. .Immediate Final
Rulemaking.
While either standard rulemaking or immediate final rulemaking
procedures may be used to approve State program revisions, the
Agency is more likely to use the standard rulemaking procedure
in certain circumstances.- For example, if a State submitted a
program revision for a large number of changes at the same time
and the Agency expected the revision to generate public interest
(,e.g., there is a history of public comments on authorization
d'ecisions affecting the State), we would follow the standard
rulemaking procedures. Further, EPA would normally use standard
1.5-16
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Day
1
15
20
35
36
50
55
57
58
87
110
125
132
146
figure
Standard Rulemaking Revision
Region
Process ( §271. 21 (b ) ( 4 ) )
Headquarters
State Coordinator
Distributes
Revision
Regional Review
Begins
Comments to
State Coordinator
1
Prepare FR Notice
Transmit Proposal
FR Notice
& OFR Documents
Mailout and Publish
Newspaper Notice
Public Comment
Period Begins
Public Comment
.Period Ends
Prepare Final
FR Notice
Transmit Final
FR Notice of
Approval/Disapprbv.
Revision Effective
(14 day delay)
Review Team Leader
Team Review
I
Comments .to
Regional Liaison
Team Comments
from Team Leader
Review Team Leader
I
Transmit Documents
to OFR
End of Ten Day
AA Consultation
Period
Publish FR Notice
End of OFR Review
Comment to Region
Regional Liaison
End of Possible
Consultation Period
(Normally Waived)
< -Publish FR Notice
Authorization File
1.5-17
-------
rulemaking procedures if the Agency were planning to disapprove a
State program revision since more public comment would be likely.
On the other hand, the immediate final approach most likely
would be used if the State has a history of little or no public
interest in previous authorization decisions. For example, if no
comments had been received on the State's initial application for
final authorization or on recent program revisions, then subsequent
revisions would ordinarily be processed using the immediate final
rulemaking. .
10. Revision Disapproval.
Any disapproval action of a State revision should:
(1) identify the reasons for disapproval, (2) discuss the implica-
tions of disapproval for the authorized program, (3) when possible,
recommend an alternate course of action that would be acceptable,
and (4) include firm, explicit commitments to specific measures
EPA will take to help the State overcome the problems identified
(e.g., describe the assistance EPA will provide within certain
timeframes in preparing subsequent revisions). This discussion
should appear in the-RA's Action Memorandum and, as time allows,
in the Federal Register notice announcing EPA's disapproval.
11. Opportunities, to Shorten the Revision Process.
The timetables in this Chapter for the revision approval
process represent the maximum amount of time needed assurtling the
revision application is in order. There are time periods in this
schedule that obviously cannot be shortened (e.g., the 60 day
period prior to .an immediate final rule becoming effective).
However, there are a couple of areas where the review period
could be shortened somewhat on a case-by-case basis. First, if
the review of the draft revision application went smoothly and
any EPA concerns are clearly addressed by the State, then review
may not take the full 20 days scheduled (Days 1-20, Figures 4
and 5). In such a case the Region can request a expedited
Headquarters review and, if resources allow, Headquarters will
try to comply. In addition, the Region can prepare the Federal.
Register notice in advance instead of waiting until Day 20,
thereby saving some of the time between Days 20-35. It is also
possible that the OFR review of the State legal documents could
be completed earlier than scheduled, saving some time between
Days 36-57. Further, shortening the AA consultation period
(Days 35-50) will help to expedite the approval process (although
this will not speed up the immediate final process unless the
OFR.review is also completed). Finally, some additional time
may be gained if the Regions and Headquarters can expedite the
preparation of subsequent Federal Register notices, responses
to comments, and consultation periods.
1.5-18
-------
12. Federal Register Models.
Model Federal Register notices for State program revision
are provided in Appendix D. These models should help to make
the writing of State-specific notices a routine matter that can
easily be accommodated in the review schedule.
13. Authorization File.
Once the State program revision has been accomplished,
the Region will place all relevant State revision submittals/
legislation,regulations, letters, comments, notices, transcripts,
etc., in the authorization file. (The authorization file is
discussed in .detail on page 1.4-14.)
1.5-19
-------
OSWER Policy Directive
No. 9540.00-1C
CHAPTER 1.6
CODIFICATION OF STATE PROGRAM APPROVALS IN PART 272
Sample Codification
Subpart I—Delaware
{§272.400 State Authorization.'
(a) The State of Delaware is
authorized to administer and enforce a
hazardous waste management program
in lieu of the Federal program under
' Subtitle C of the Resource Conservation
and Recovery Act (RCRA), 42 U.S.C.
6921 et seq., subject to the Hazardous
and Solid Waste Act Amendments of
1984 (HSWA) (Pub. L. 98-616, November
8,1984), 42 U.S.C. 6926 (c) and (g). The
Federal program for which a State may
receive authorization is defined in 40
CFR 271.9-271.17 and 271.21. The State's
program, as administered by the
Delaware Department of Natural
Resources and Environmental Control.
was approved by EPA pursuant to 42 •
U.S.C. 6926(b) and Part 271 of this
Chapter. EPA's approval was effective
on June 22,1984,48 FR 23837.
(b) Delaware is not authorized to
implement any HSWA requirement
lieu of EPA unless EPA has explicitly
indicated its intent to do so in a Federal
Register notice granting Delaware
uthorization.
(c) Delaware has primary
responsibility for enforcing its
hazardous waste program. However,
EPA retains the authority to exercise its
enforcement authorities, including
conducting inspections under Section
3007,42 U.S.C. 6927, and taking
enforcement actions under Sections
3008, 3013, and 7003, 42 U.S.C. 6928, 6934
and 6973, as well as under other Federal
laws and regulations.
(d) Delaware must revise its approved
program to adopt new changes to the
Federal Subtitle C program in
accordance with section 3006(b) of
RCRA and 40 CFR Part 271, Subpart A.
Delaware must seek final authorization
for all program revisions pursuant to
Section 3006(b) of RCRA. but, on a
temporary basis, may seek interim
authorization for revisions required by
HSWA pursuant to section 3006(g) of
RCRA, 42 U.S.C. S 6926(g). If Delaware
obtains final authorization for the
revised requirements pursuant to section
3006(b) of RCRA, the newly authorized
provisions will be listed in S 272.401. If
Delaware obtains interim authorization
for the revised requirements pursuant to
section 3006(g), the newly authorized
provisions will be listed in $ 272.402.
272.401 State-Administered Program:
rlnaJ Authorization
Pursuant to Section 3006(b) of RCRA,
42 U.S.C. 6926(b), Delaware has final
authorization for the following elements
as submitted to EPA in Delaware's
program application and approved by
EPA.
(a) State Statutes and Regulations. (1)
The requirements in the Delaware
statutes and regulations cited in this
paragraph are incorporated by reference
and made a part of the hazardous waste
management program under Subtitle C
of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference was
approved by the Director of the Federal
Register January 31,1986.
(i) 7 Delaware Code Annotated
{§ 6301 through 6307 and 6310 through
6317 (1983 Replacement Volume).
(ii) Delaware Department of Natural
Resources and Environmental Control
Regulations Governing Hazardous
Waste, Parts 260-265,122 and 124. Order
Number 83-SW-l, July 28,1983. (Copies
are available from the Delaware
Department of Natural Resources and
Environmental Control, PO Box 1401,
Dover. Delaware 19901.)
(2) The following statutes and
•gulations, although not incorporated
by reference, are part of the authorized
State program,
(i) 7 Delaware Code Annotated
sections 6308 and 6309 (1974 and Supp.
1983). • '
(ii) Delaware Administrative
Procedures Act, 7 Delaware Code
Annotated sections 10101 through 10161
(1974 and Supp. 1983).
(b) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region in and the Delaware
Department of Natural Resources and
Environmental Control, signed by the
EPA Regional Administrator on
December 14,1983.
(c) Statement of Legal Authority. (1)
"Attorney General's Statement for Final
Authorization", signed by the Attorney
General of Delaware of July 26,1983.
(2) Letter from the Attorney General
of Delaware to EPA, April 2.1984.
(d) Program Description. The Program
Description and any other materials
submitted as part of the original
application or as supplements thereto.
{{272.402-272.440 [Reserved]
1.6-1
-------
Introduction
On January 31, 1986, EPA opened 40 CFR Part 272 for the
purpose of codifying the Agency's approval of State hazardous
waste programs. (See 51 PR 3954-3958.) The Federal Register
sample above is the codification for the State of Delaware.
This chapter describes the purpose and procedures for the use
of Part 272 to identify State program approvals.
This chapter uses two terms in relation to approved State
hazardous waste management programs: "codification" of these
programs and the "incorporation by reference" of the laws and
regulations of these programs. Both of these actions will take
place in Part 272. It is important to remember the distinction
between, and the significance of, these two terms.
Codification is the process of placing a rule in the Code
of Federal Regulations (CFR). Thus, rather than relying solely
on a Federal Register notice to make EPA's authorization decision
formal, the CFR identifies the specific elements of the State
program that EPA has approved as RCRA Subtitle C requirements.
'Codification of State authorization documents is accomplished by
referencing each document's title (and date, if it is a signed
document). (See the sample codification.)
Normally, the CFR publication requirements necessitate..
reprinting the State statute and regulations EPA has approved.
Federal law, however, allows EPA to meet these requirements by
"incorporating by reference" materials published elsewhere.
The legal ef-fect of incorporation by reference is that the
inqorporated material has the same legal effect as if it were
published in full in the CFR. The approved State laws and
regulations, in addition to being referenced in the CFR, are
actually on file at the Office, of the Federal Register (OFR)
and at EPA offices and are available to the public.
While the entire State program (statute, regulations,
Attorney General's Statement, Memorandum of Agreement, and
the Program Description) is codified, only the State statute
and regulations are incorporated by re'ference. This is because
EPA will only enforce those statutes and regulations against
the .regulated community.
Purpose .
i .
In light of the magnitude of anticipated changes in State
hazardous waste programs necessitated by the new statutory and
regulatory requirements stemming from HSWA and other changes
EPA will be making to the RCRA program, we foresee the poten-
tial for a great deal of confusion over the status of approved
State programs. States may have final authorization for the
pre-HSWA program ,and interim or final authorization for some or
all of the HSWA program. It is important for the public and th-e
1.6-2
-------
regulated community to have a clear understanding of which State
requirements EPA has approved and will enforce. Part 272 will
provide this clarification and serve as a means to track each
State's authorization.
Part 272 Procedures for Official Applications
The Part 272 process, which codifies approved State programs
and incorporates by reference State statutes and regulations, has
been incorporated into the approval process, for official appli-
cations (Chapter 1.4) and the State program revision process
(Chapter 1.5). This has been accomplished by: (1) changing the
Federal Register notices, and (2) providing for additional HQ and
Regional' Office activities to satisfy the OFR requirements.
The following tasks will be handled by Headquarters, the
Regional Offices, and the State:.
State:
Regional Offices:
Headquarters:
0 provide photocopies of the front pages of
the cited State statute books and regulation
codes
0 provide a clean photocopy of the State.
statutes and regulations that will be
incorporated by reference
0 work with ORC to provide the legal citations
for. the incorporated State, statutes and
regulations
0 prepare the FR documents
0 obtain photocopies of the front pages of the
cited State statute books and regulation codes
0 obtain a clean photocopy of the State statutes
and regulations that will be incorporated by
reference. (Note that a perfect copy is
required, or else the OFR will .reject the
the incorporation by reference.-)
0 ORC, in conjunction with the relevant State
AG's Office, supplies the legal citations
for the incorporated State statutes and
regulations for inclusion in the FR notice
0 ORC ensures that the incorporation does not
include State enforcement and procedural
requirements. (Note, however, that the
photocopies may include these requirements.)
0 prepare letter to the Director of OFR
requestinq incorporation by reference.
0 responsible for all liaison with OFR
0 prepare model FR documents
0 prepare model letter to OFR
0 OGC coordination with ORC
For initial applications, a proposed rule will be used as
the vehicle for publishing the tentative determination and a
1.6-3
-------
final rule will be the vehicle for the final determination.
The Regional Office must furnish Headquarters the letter to OFR
requesting incorporation by reference, photocopies of the State
statutes and regulations and the legal citations, along with the
tentative determination documents (see Figure 2, page 1.4-10 and
Figure 6, page 1.6-5). This allows Headquarters sufficient time
to meet OFR's time requirements for approving incorporations by
reference. If any changes need to be made in the Federal Register
document, they can be made after the proposal has been submitted to
OFR. (Note, OFR does not approve the rulemaking. Its only concern
is that the requirements for incorporation by reference are met.)
Part 272 Procedures for State Program Revisions
The State program revision procedures of §271.21(b) provide
for two methods for EPA .approval of State program changes:
1) standard rulemaking (§271.21(b)(4)), and 2) immediate final
(§271.21(b)(3)). (See Chapter 1.5 for a detailed discussion of
the revision approval process.) . For those revisions that use
the standard rulemaking option,, the revisions are proposed in
the Federal Register and then promulgated in final form in a
subsequent rulemaking.. Therefore, the Part 272 tasks and
timing are virtually the same as described above for official
applications.
Many State program revisions will likely be published as
immediate final rules. Since there will normally be only one
Federal Register notice published in these cases,- the Regional
Office will need to supply the Federal Register document, the
letter to OFR and the photocopies of the incorporated statutes
and regulations at the same time that the transmittal memo is
sent to Headquarters. Headquarters will immediately submit the
Federal Register document to the OFR so that the OFR review will
be concurrent with the HQ consultation period. This schedule is
very tight. If the OFR requests changes in the materials submitted
to them, then this could result in a brief- delay of the Federal
Register notice publication. (See Figure 6.)
If the public does not file adverse comments on the proposed
revision within thirty days of its publication in the Federal
Register,, the approval takes, effect sixty days after publication.
Therefore, the approved material will automatically be incorporated
into the CFR on day sixty. If, however, the public files adverse
comments and the immediate final rule is to be withdrawn or
otherwise changed, the Regional Office should notify the State
and Headquarters immediately. A subsequent Federal Register
notice must appear before the immediate final rule effective
date so that the•codification does not automatically occur.
1.6-4
-------
Figure 6
Part 272 Flow Chart for Authorization Applications
Calendar Day
Initial
Applic.
35
Revision
Applic.
0
Agency
State
Action
Send Region clean copy of State
statutes and regulations along
with photocopy of frontpage of
cited statute book and regulation
source
70
35
Region
Send Headguarters: (1) Transmittal
Memo, (2) FR Notice of Tentative
Determination/Propose Revision/
Immediate Final Rule including
the incorporation by reference
legal citations, (3) letter to OFR
(4) photocopies of State statutes
and regulations
85
36
Headquarters
Deliver to the Office of the
Federal Register: (1) letter to
OFR, (2) FR Notice of Tentative
Determination, (3) photocopies of
State statutes and regulations
110
57
Headquarters
Transmit Office of Federal
Register comments to Region
155
Region
Deliver to Headquarters corrected
FR Notice of Final Determination/
Final Revision and other documents
as necessary based on Office
of Federal Register comments
157
Headquarters
Deliver revised FR Notice of Final
Determination and other documents
to Office of Federal Register
* The revision application process does not..have time allocated for
response to OFR comments. Any such comments will result in a delay
Note: See Figure 2 on page 1.4-10, Figure 4 on page 1.5-17, and
Figure 5 on page 1.5-18 for the authorization, and revision process
flow charts that are the basis for this chart.
1.6-5
-------
Codifying Previously Authorized States •
The January 31, 1986, Federal Register notice that opened
Part 272 codified EPA's previous decisions authorizing Delaware
and Montana. At that time there were approximately 30 additional
States with final authorization whose program approvals were not
codified. Previously authorized States must be codified
as soon as practicable. One possible way to accomplish this
is to codify the original final authorization decision with
the first State program revision. By consolidating these two
actions EPA can avoid having to publish two separate Federal
Register actions.
Changes in Codified Elements of the State Program
Usually, changes to any of the codified elements of the
State program will be accompanied by.EPA review and approval as
part of the State program revision process. The Federal Register
publication pertaining to the revision will codify the new or
amended State documents. If there is a change to an authorization
document that is not a part of the revision process, then the
codification should be corrected when the next revision is
published in the Federal Register. For example, if the State
and EPA amend the MOA pursuant to joint permitting agreements,
the amended MOA should be referenced in the next codification
action.
Model Federal Register Notices • ' .
The Model Federal Register notices provided in Appendix D
are to be used to announce State authorization decisions. Model
notices are provided for initial applications and State program.
revisions. Updates to the Federal Register models will be provided
as necessary.
Copy of Part 272 '
A copy of Part 272 is included in this chapter. Note that
a Subpart has been reserved for each State.
1.6-6
-------
Part 272
3954 Federal Register / Vol. 51, No. 21 ^Friday, January 31, 1986 / Rules and Regulations
40 CFR Part 272
[SWFRL-2961-6]
Hazardous Waste Management
Program; Approved State Hazardous
Waste Programs for Montana and
Delaware
AGENCY: Environmental Protection
Agency.
ACTION: Final rule.
SUMMARY: The Resource Conservation
and Recovery Act (RCRA) authorizes
the Environmental Protection Agency
(EPA) to grant Final Authorization to
States to operate their hazardous waste
management programs in lieu of the
Federal program. This action establishes
Part 272 for codification of the decision
to authorize a State program and for
incorporation by reference of. those
provisions of State statutes and
regulations that EPA will enforce under
Sections 3008, 3013, and 7003 of RCRA.
As part of this initial action Part 272
codifies EPA's prior final authorization
of the Montana and Delaware State
programs and incorporates by reference
appropriate provisions of State statutes
and regulations.
DATES: This regulation is effective as of
January 31,1986. The incorporation by
reference of certain publications listed
in the regulations is approved by the
-------
Federal Register / Vol. 51, No. 21 / Friday, January 31, 1986 / Rules and Regulations 3955
Director of the Federal Register as of
'anuary 31,1986.
)R FURTHER INFORMATION CONTACT:
AGRA Hotline, toll free at (800) 424-9346
or in Washington, DC at (202) 382-3000,
or Mr. Chaz Miller, USEPA, Office of
Solid Waste. (202) 382-2220.
SUPPLEMENTARY INFORMATION:
Background
Section 3006 of the Resource
Conservation and Recovery Act
(RCRA), 42 U.S.C. 6926 et seq., allows
the Environmental Protection Agency
(EPA) to authorize State hazardous
waste programs to operate in the State
in lieu of the Federal hazardous waste
program. On June 8,1984, and July 11,
1984, EPA published Federal Register
notices announcing its decision to grant
final authorization to Delaware and
Montana, respectively (see 49 FR 23837
and 49 FR 28245).
Since that time EPA has decided to
codify its approval of State programs in
a new Part 272 of Title 40, Code of
Federal Regulations and to incorporate
by reference the State statutes and
regulations that EPA will enforce under
Section 3008 of RCRA. Today's initial
codification reflects the State programs
in Delaware and Montana that were in
effect when EPA granted the State final
authorization under Section 3006(b). As
ppropriate, the Code of Federal
Regulations will subsequently be
amended to reflect revisions to the
authorized State program. Until a
Delaware or Montana State provision is
approved and codified by EPA, it is not
part of the authorized program arid will
not be enforced by EPA. Codification '
will thus provide clearer notice to the
public of the content of the authorized
"program.
The public needs to be aware,
however, that some State provisions
incorporated by reference may in fact be
enforced solely by the State, and not by
EPA. Although "more stringent" State
requirements are part of the authorized
program. State provisions which are
"broader in scope" than the Federal
program are not part of the authorized
program. (See 40 CFR § 271.1(i).)
Therefore, if a State provision is
determined to be broader in scope, it
will not be enforced by EPA. The State.
however, will continue to enforce such
provisions.
A further point concerns the effect of
the 1984 RCRA amendments (the
Hazardous and Solid Waste
Amendments of 1984 (HSWA) Pub. L
98-616. Nov. 8,1984) on authorized State
programs. Section 3006(g) of RCRA
provides that any requirement or
prohibition of HSWA (including
implementing regulations) takes effect .in
authorized States at the same time it
takes effect in non-authorized States.
Thus, the HSWA requirement or
prohibition supersedes any less
stringent or inconsistent State provision,
even if previously authorized. See 50 FR
28702, July 15,1985. Because of the vast
number of HSWA statutory and
. regulatory requirements taking effect
over the next few years, EPA expects
that many previously authorized and
codified State provisions will be
affected. Instead of amending Part 272
every time a new HSWA provision
takes effect, EPA will wait until the
State receives authorization for its
analogue to the new HSWA provision to
amend Part 272. In the interim, persons
wanting to know whether a HSWA
requirement is in effect will need to read
40 CFR S 271.10), as amended, which
lists each such provision.
Some State requirements may be
similar to HSWA requirements that are
. in effect. However, ho State is
authorized to implement its analogue to
a HSWA provision until the Regional
Administrator has published his final
decision to authorize the State for
specific HSWA requirements. Neither
Delaware nor Montana has sought or
received authority to implement any
HSWA provision.
The codification of State programs
should substantially enhance the
public's ability to discern the current ~
status of the authorized State program.
This will be particularly true as more
and more State program revisions are
submitted to adopt HSWA provisions.
In order to codify Delaware and
Montana. EPA is adding Part 772 to
Subchapter I, listing Delaware and
Montana as Subparts I and BB
respectively and reserving the other
Subparts for the remaining States and
territories. EPA is not proposing today's
action since codification is an Agency
procedure exempted from notice and
comment requirements by 5 U.S.C. 553.
Notice and opportunity for comment
were provided earlier on the Agency's
decisions to approve the Delaware and
Montana programs.
Certification Under the Regulatory
Flexibility Act
Pursuant to the provisions of 5 U.S.C.
'605{b), I hereby certify that this action
will not have a significant economic
impact on a substantial number of small
entities. It codifies the decisions already
made to authorize the Delaware and
Montana State programs and has no
effect on handlers of hazardous waste in
either State or upon small entities. This
rule, therefore, does not require a
regulatory flexibility analysis.
Compliance With Executive Order 12291
The Office of Management and Budget
(OMB) has exempted this rule from the
requirements of Section 3 of Executive
Order 12291.
Paperwork Reduction Act
Under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq., Federal agencies
must consider the paperwork burden
imposed by any information request
contained in a proposed rule or a final
rule. This rule will not impose any
information requirements upon the
regulated community.
List of Subjects in 40 CFR Part 272
Administrative practice and
procedure, Confidential business
information, Hazardous waste
transportation. Hazardous waste.
Incorporation by reference, Indian
lands, Intergovernmental relations,
Penalties, Reporting and recordkeeping
requirements, Water pollution control,
Water supply.
Dated: January's, 1966.
Lee M Thomas,
Administrator.
A new Part 272 is added to 40 CFR
Subchapter I to read as follows:
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
Subpart A—General Provisions
Sec.
•272.1 Purpose an Scope
272.2-272.49 [Reserved]
Subpart B—Alabama
272.50-272.99 . [Reserved]
Subpart C—Alaska
272.100-272.149 [Reserved]
Subpart D?—Arizona
272.150-272.199 [Reserved]
Subpart E—Arkansas
272.200-272.249 [Reserved]
Subpart F—California
272.250-272.299 [Reserved]
Subpart G—Colorado
272.300-272.349 [Reserved]
Subpart H—Connecticut
272.350-272.399 [Reserved]
Subpart I—Delaware
272.400 State Authorization
272.401 State-Administered Program: Final
Authorization
272.402-272.499. [Reserved] V
Subpart 0—District of Columbia
272.450-272.499 [Reserved]
-------
3956 Federal Register / Vol. 51.* No; 231 ./Friday, January 31, 1986 / Rules and Regulations
Sufapart K—Florida
272^00-272,549 (Reserved]
Subpart L—Georgia
272.550-J72.599 [Reserved]
Subpart M—Hawaii
272.600-272.649 (Reserved]
Subpart N—Idaho
272.650-272.699 [Reserved]
Subpart O—UJJnote
272.700-272.749 [Reserved]
Subpart P—Indiana
272.750-272.799 [Reserved]
Subpart Q—towa
272.800-272.849 (Reserved]
Subpart R—Kansas
272.850-272499 {Reserved]
Subpart S— Kentucky
272.900-272^49 [Reserved]
Subpart T—Louisiana
272.950-272.999 [Reserved]
Subpart U—Maine
272.1000-272.1049 [Reserved]
Subpart V—Maryland
272.1050-272.1099 [Reserved]
Subpart W—Massachusetts
272.1100-272.1149 [Reserved]
Subpart X—Michigan
272.1150-272.1199 [Reserved] •
Subpart Y—Minnesota
272.1200-272.1249 [Reserved]
Subpart Z—Mississippi
272.1250-272.1299 [Reserved]
Subpart AA—Missouri
272.1300-272.1349 [Reserved]
Subpart BB—Montana
272.1350 State Authorization
272.1351 State-Administered Program: Final
Authorization
272.1352 272.1399 [Reserved]
Subpart CC—Nebraska
272.1400-272.1449 [Reserved]
Subpart DO—Nevada
.272.1450-272.1499 [Reserved]
Subpart EE—New Hampshire
272.1500-272.1549 [Reserved]
Subpart FF—New Jersey
272.1550-272.1599 [Reserved]
Subpart GG—New Mexico
272.1600-272.1649 [Reserved]
Subpart HH—New York
272.1650-272.1699 [Reserved]
Subpart II—North Carolina
272.1700-272.1749 [Reserved]
Subpart JJ—North Dakota
272.1750-272.1799 [Reserved]
Subpart KK-Ohlo
272.1800-272.1849 [Reserved]
Subpart LL—Oklahoma
272.1850-272.1899 [Reserved]
Subpart MM—Oregon
272.1900-272.1949 [Reserved]
Sufapart NN—Pennsylvania
272.1950-272.1999 [Reserved] . '
Subpart OO—Rhode Wand
272.2000-272^049 [Reserved] ,
Subpart PP—South Carolina
272J050-27&2099 [Reserved]
Subpart OQ—South Dakota
272.2100-272.2149 [Reserved]
Subpart RR—Tennessee
272.2158-272.2199 [Reserved]
Subpart SS—Texas
272.2200-272.2249 [Reserved]
Subpart TT—Utah
272.2250-272^299 [Reserved]
Subpart UU—Vermont
272^300-272^349 [Reserved]
Subpart W—Virginia
272.2350-272.2399 [Reserved]
Subpart WW—Washington
272.2400-272,2449 [Reserved] —
Subpart XX—West Vtrgfnfa
272.2450-272.2499 [Reserved]
Subpart YY—Wisconsin
272.2500-272.2549 [Reserved]
Subpart'ZZ—Wyoming
272.2550-272^599 [Reserved]
Subpart AAA—Guam
272.260-272.2649 [Reserved]
Subpart BBB - Puerto Rico . .
272^850-272^699 [Reserved]
Subpart CCC—Virgin Islands
272^700-272^749 [Reserved]
Subpart DOD—American Samoa
272.2750-272.2799 [Reserved]
Subpart EEE—Commonwealth of the
Northern Mariana Islands
272.2800-272.2849 [Reserved]
Authority: Sec. 2002(a). 3006. and 7004(b) of
the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery
Act. as amended. 42 U.S.C. 6912(a), 6926, and
6974(b).
Subpart A—General Provisions
§272.1 Purpose and scope.
(a) This part sets forth the applicable
State hazardous waste management
programs under Section 3006(b) of the
Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. § 6926, and 40 '
CFR 260.10. "State" is defined in 42
U.S.C. § 1004(31} as "any of the sevei
States, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands."
[b] Material incorporated by reference
is available .for inspection in the Library
of the appropriate EPA Regional Office,
in the Library of EPA Headquarters, 401
M St SW, Washington, B.C. and at the
Office of the Federal Register
Information Center, Room 8301,1100 L
Street, NW, Washington, B.C.
Subpart B—Alabama
§§ 272.50—272*9 [Reserved]
Subpart C—Alaska
§§ 272.100—272.149 [Reserved]
Subpart D—Arizona
§§272.150—272.199 [Reserved]
Subpart E—Arkansas
§§272.200—272.249 [Reserved]
Subpart F—California
§§272^50—272299 [Reserved]
Subpart G—Colorado ~"~
§§272.300—272.349 [Reserved]
Subpart H—Connecticut
§§ 272J50—272.399 [Reserved]
Subpart I—Delaware .
§§272.400 State Authorization.'
(a) The State of Delaware is
authorized to administer and enforce a
hazardous waste management program
in lieu of the Federal program under
Subtitle C of the Resource Conservation
and Recovery Act (RCRA), 42 U.S.C.
6921 et seq., subject to the Hazardous
and Solid Waste Act Amendments of
1984 (HSWA) (Pub. L. 98-616, November
8,1984), 42 U.S.C. 6926 (c) and (g). The
Federal program for which a State may
receive authorization is defined in 40
CFR 271.9-271.17 and 271.21. The State's
program, as administered by the
Delaware Department of Natural
Resources and Environmental Control,
was approved by EPA pursuant to 42
U.S.C. 6926(b) and Part 271 of this
Chapter. EPA's approval was effective
on June 22,1984, 48 FR 23837.
(b) Delaware is not authorized to
implement any HSWA requirement:
lieu of EPA unless EPA has explicitly
-------
Federal Register / Vol. 51, No; 21 / Friday, January 31, 1986 / Rules and Regulations
3957
indicated its intent to do so in a Federal
Register notice granting Delaware
uthorization.
(c) Delaware has primary
responsibility for enforcing its
hazardous waste program. However,
EPA retains the authority to exercise its
enforcement authorities, including
conducting inspections under Section
3007, 42 U.S.C. 6927, and taking
enforcement actions under Sections
3008. 3013, and 7003. 42 U.S.C. 6928, 6934
and 6973, as well as under other Federal
laws and regulations.
(d) Delaware must revise its approved
program to adopt new changes to the
Federal Subtitle C program in
accordance with section 3006(b) of
RCRA and 40 CFR Part 271. Subpart A.
Delaware must seek final authorization
for all program revisions pursuant to
Section 3006(b) of RCRA. but on a
temporary basis, may seek interim
authorization for revisions required by
HSWA pursuant to section 3006(g) of
RCRA, 42 U.S.C. § 6926(g). If Delaware
obtains final authorization for the
revised requirements pursuant to section
3006(b) of RCRA. the newly authorized
provisions will be listed in § 272.401. If
Delaware obtains interim authorization
for the revised requirements pursuant to
section 3006(g), the newly authorized
provisions will be listed in 3 272.402.
272.401 State-Administered Program:
/inal Authorization
Pursuant to Section 3006(b) of RCRA,
42 U.S.C. 6926(b), Delaware has final
authorization for the following elements
as submitted to EPA in Delaware's
program application and approved by
EPA.
(a) State Statutes and Regulations. (1)
The requirements in the Delaware
statutes and regulations cited in this
paragraph are incorporated by reference
and made a part of the hazardous waste
management program under Subtitle C
of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference was
approved by the Director of Ihe Federal
Register January 31.1986.
(i) 7 Delaware Code Annotated
S§ 6301 through 6307 and 6310 through
6317 (1983 Replacement Volume).
(ii) Delaware Department of Natural
Resources and Environmental Control
Regulations Governing Hazardous
Waste, Parts 260-265,122 and 124, Order
Number 83-SW-l, July 28,1983. (Copies
are available from the Delaware
Department of Natural Resources and
Environmental Control, PO Box 1401,
Dover, Delaware 19901.)
(2) The following statutes and
•gulations, although not incorporated
by reference, are part of the authorized
State program.
(i) 7 Delaware Code Annotated
sections 6308 and 6309 (1974 and Supp.
1983). • -
(ii) Delaware Administrative
Procedures Act, 7 Delaware Code
Annotated sections 10101 through 10161
(1974 and Supp. 1983).
(b) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region III and the Delaware
Department of Natural Resources and
Environmental Control, signed by the
EPA Regional Administrator on
December 14,1983.
(c) Statement of Legal Authority. (1)
"Attorney General's Statement for Final
Authorization", signed by the Attorney
General of Delaware of July 26,1983.
(2) Letter from the Attorney General
of Delaware to EPA, April 2,1984.
(d) Program Description. The Program
Description and any other materials
submitted as part of the original
application or as supplements thereto.
§§ 272.402-272.449 [Reserved]
Subpart J—District of Columbia
§§272.450-272.499 [Reserved]
Subpart K—Florida
§§272.500-272.549 [Reserved]
Subpart L—Georgia
§§ 272.550-272.599 [Reserved]
Subpart M—Hawaii
§§ 272.600-272.649 [Reserved]
Subpart N—Idaho
§§ 272.650-272.699 [Reserved]
Subpart O—Illinois
§§272.700-272.749 [Reserved]
Subpart P—Indiana
§§272.750-272.799 [Reserved]
Subpart Q—Iowa
§§272.800-272449 [Reserved]
Subpart R—Kansas
§§272.850-272.899 [Reserved]
Subpart S—Kentucky
§§272.900-272.949 [Reserved]
Subpart T—Louisiana
§§ 272.950-272.999 [Reserved)
Subpart U—Maine
§§ 272.1000-272.1049 [Reserved]
Subpart V—Maryland
§§272.1050-272.1099 [Reserved]
Subpart W—Massachusetts
§§272.1100-272.1149 [Reserved]
Subpart X—Michigan
§§272.1150-272.1199 [Reserved]
Subpart Y—Minnesota
§§272.1200-272.1249 [Reserved]
Subpart Z—Mississippi
§§272.1250—272.1299 [Reserved]
Subpart AA—Missouri
§§272.1300—272.1349 [Reserved]
Subpart BB—Montana
§ 272.1350 State Authorization
(a) The State of Montana is authorized
to administer and enforce its hazardous
waste management program in lieu of
the program under Subtitle C of the
Resource Conservation and Recovery
Act (RCRA), At U.S.C. 6921 et seq.,
subject to the Hazardous and Solid
Waste Act Amendments of 1984
(HSWA) (Pub. L 98-616. November 8,
1984). 42 U.S.C. 6926 (c) and (g). The
Federal program for which a State may
receive authorization is defined in 40
CFR 271.9-271.17 and 271.21. The State's
program, as administered by the
Montana Department of Health and
Environmental Services, was approved
by EPA pursuant to 42 U.S.C. 6926(b)
and Part 271 of this Chapter. EPA's
approval was effective on July 11,1984,
48 FR 28245.
(b) Montana is not authorized to
implement any HSWA requirement in
lieu of EPA unless EPA has explicitly
indicated its intent to do so in a Federal
Register notice granting Montana
authorization.
(c) Montana has primary
responsibility for enforcing its
hazardous waste program. However,
EPA retains the authority to exercise its
enforcement authorities, including
conducting inspections under Section
3007,42 U.S.C. 6927 and to take
enforcement actions under sections
3008, 3013 and 7003, 42 U.S.C. 6928, 6934
-------
3958 . Federal Register / Vol. 51. fljo. gl / Friday. January 31. 1988 / Rules and Regulations
and 6973, as well as under other Federal
laws and regulations.
(d) Montana must revise its approved
program to adopt new changes to the
Federal Subtitle C program in
accordance with section 3006(b) of
RCRA and 40 CFR Part 271. Subpart A.
Montana must seek final authorization
for all program revisions pursuant to
section 3006(b) of RCRA, but, on a
temporary basis, may seek interim
authorization for revisions required by
HSWA pursuant to section 3006(g) of
RCRA, 42 U.S.C. 6926(g). If Montana
obtains final authorization for the
revised requirements pursuant to section
3006(b) of RCRA, the newly authorized
provisions will be listed in § 272.1351. If
Montana obtains interim authorization
for the revised requirements pursuant to
section 3006(g), the newly authorized
provisions will be listed in § 272.1352.
§ 272.1351 State-AdmW*tered Program:
Final Authorization
Pursuant to section 3006(b) of RCRA,
42 U.S.C. 6926(b), Montana has final
authorization for the following elements,
as submitted to EPA in Montana's
program application and any
subsequently approved revisions
thereto.
(a) State Statutes and Regulations. (1)
The requirements in the Montana
statutes and regulations cited in this
paragraph are incorporated by reference
and made a part of the hazardous waste
management program under Subtitle C
of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference was
approved by the Director of the Office of
the Federal Register effective January .
31,1986.
(i) Montana Hazardous Waste Act,
Montana Code Annotated, §§ 75-10-401
through 75-10-413 and 75-10-419
through 75-10-421 (1983).
(ii) Administrative Rules of Montana,
Health and Environmental Sciences,
§§ 16.44.101 through 16.44.911 (1983) and
amendments to 5 § 16.44.104,106., 108, •
.109, .202, .811, .817, and 319 adopted on
January 16,1984.
(2) The following statutes and
regulations, although not incorporated
by reference, are part of the authorized
State program.
(i) Montana Hazardous Waste Act,
Montana Code Annotated, §9 75-10-414
through 418 (1983).
(ii) Montana Public Records Act,
Montana Code Annotated, §5 2-6-101
through 307 (1983).
(iii) Montana Administrative
Procedures Act, Montana Code
Annotated, sections 2-4-101 through 705
(1983).
(b) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region VIII and the Montana
Department of Health and
Environmental Services, signed by the
EPA Regional Administrator on June 16,
1984.
(c) Statement of Legal Authority.
Letter from the Attorney General of
Montana to EPA, June 7,1984, with .
attached Statement of Independent
Legal Counsel, dated June 1,1984.
(d) Program Description. The Program
Description and any other materials
submitted as part of the original
application or as supplements thereto.
§§ 272.1352-272.1399 [Reserved]
Subpart CC—Nebraska
§§272.1400-272.1449 [Reserved]
Subpart DD—Nevada
§§272.1450-272.1499 [Reserved]
Subpart EE—New Hampshire
§§272.1500-272.1549 [Reserved]
Subpart FF—New Jersey
§§272.1550-272.1599 [Reserved]
Subpart GG—New Mexico
§§272.1600-272.1649 [Reserved]
Subpart HH—New York
§§ 272.1650-272.1699 [Reserved]
Subpart II—North Carolina
§§272.1700-272.1749 [Reserved]
Subpart JJ—North Dakota
§§272.1750-272.1799 [Reserved]
Subpart KK—Ohio
§§272.1800-272,1849 [Reserved]
Subpart LL—Oklahoma
§§272.1850-272.1899 [Reserved]
Subpart.MM—Oregon
§§272.1900-272,1949 [Reserved]
Subpart NN—Pennsylvania
§§272.1950-272.1999 [Reserved]
Subpart OO—Rhode Island
§§ 272.2000-272.2049 [Reserved]
Subpart PP—South Carolina
§§ 272.2050-272^099 [Reserved]
Subpart QQ—South Dakota
§§ 272.2100-272.2149 [Reserved]
Subpart PR—Tennessee
§§ 272.2150-272.2199 (Reserved]
Subpart SS—Texas
§§272^200-272.2249 [Reserved]
Subpart TT—Utah
§§272^250-272.2299 [Reserved]
Subpart UU—Vermont
§§ 272.2300-272.2349 [Reserved]
Subpart VV—Virginia
§§272^350-272.2399 [Reserved]
Subpart WW—Washington
§§272^400-272^449 [Reserved]
Subpart XX—West Virginia
i§ 272.2450-272.2499 [Reserved]
Subpart YY—Wisconsin
§§272^500-272^549 [Reserved]
Subpart ZZ—Wyoming
§§272.2550-272.2599 [Reserved]
Subpart AAA—Guam
§§272.2600-272.2649 [Reserved]
Subpart BBB—Puerto Rico
§§272.2650-272.2699 [Reserved]
Subpart CCC—Virgin Islands
§§272.2700-272.2749 [Reserved]
Subpart ODD—American Samoa
§§ 272J750-272J799 [Reserved]
Subpart EEE—Commonwealth of the
Northern Mariana Islands
§§272^800-272^849 [Reserved]
(FR Doc 86-1879 Filed 1-30-88; 8:45 am)
BILLJNO CODE 8S60-SO-M
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OSWER Policy Directive
No. 9540.00-1C
CHAPTER 1.7
HSWA AUTHORIZATION MATRIX
Introduction
Chapter 1.5 describes the deadlines and general application
requirements for State program revision applications. This
Chapter presents a matrix of pertinent information regarding
HSWA authorization. The Matrix lists each amended section of
RCRA in numerical order. -All of the HSWA provisions for which
States may be authorized are listed. The various statutory
provisions are correlated with subsequent Federal implementing
regulations (if any). However, in some instances room does not
allow for all relevant regulatory citations; the revision check-
Lists should be consulted for comprehensive citations.
Key to the Matrix
1. Authorization Availability
These four columns of the Matrix indicate the availability
of interim and final authorization for each HSWA provision and
the dates and deadlines associated with them, as follows:
Type.; I_A___ ..= _interim authorization
FA = final authorization ~"
None = not delegable to State programs
Apply; earliest date that, a State can apply for authorization
Receive; earliest date that a State can receive authorization
Deadline; deadline for State to modify its program for the
provision (see §271.21(e))
2. Application Requirements
The State's revision application for authorization of any
of the HSWA provisions will need to include a letter from the
State Director transmitting the revision application and a copy
of the appropriate State statute and rules (if different from
those in the State's Authorization File). (See page 1.5-11.)
In addition, the application will normally need to include the
Revision Checklists and amendments to the AG's Statement and
Program Description. Occasionally the MOA may also need to be
modified'. In the "Application Requirements" column, the Matrix
indicates the necessity of the latter four documents by the use
of the following abbreviations:
AG = Attorney General's Statement
PD = Program Description
MOA = Memorandum of Agreement
CK-# = Revision checklist number #
1.7-1
-------
3. Other Notes
Certain HSWA requirements are so integrally related that it
is not feasible for EPA to authorize the State for one without the
other (see discussion on p. 3.3-4). Each listed provision in the
Matrix is separable from the others unless it is specifically
linked to the provisions by an "L" notation in the "Other Notes"
column. The "L" indicates that authorization for the provision
can be obtained only if the State has or is receiving authorization
for the other provision(s) identified by number(s) following "L".
1.7-2
-------
HSWA Authorization Matrix
Statutory/Regulatory Provisions
Authorization Availability
Applicat ion Other
Title
L. Small quanity generators
I. Delisting. Disposal of liquids in salt
domes, etc.
5, Disposal in salt dories, etc.
l. Landfill bulk liquid ban
J. Landfill non-haz liquid ban
). Landfill ban on heavy metals
and cyanide
). Landfill ban on dioxin
L. Underground injection ban
of certain wastes
>. Storage prohibition of
certain wastes
i. Dust suppressants
1. Double liners for new and
expanding LF & SI
RCRA Cite 40 CFR Cite
3001(d) 261.5
3001(f) 260.22
3001(g) 261.4(b)(l)
3002(b) 262.41(a)
3004(b)(l) 265.18(c) ,e
3004(b)(2) 264/265.18
3004(c)(l) 264/265.314
3004(c)(3) 264/265.314
3004(d)(l)
3004 (e)
3004(f)
.
3004(j)
3004(1) 266.23(b)
3004(o) (1) 264.221/.301
Type Apply Receive
IVFA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IA/FA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IA/FA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IVFA 11/8/84 . 11/8/84
IVFA 11/8/84 11/8/84
IVFA 11/8/84 11/8/84
IA/FA 11/8/84 11/8/84
Deadline
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
Requirements Notes
AG PD CK-17A
AG PD CK-17B
AG PD CK-17C
AG PD CK-17D
AG PD CK-17E L6
AG PD CK-17E L5
AG PD CK-17F L8
AG PD CK-17F L7
AG PD L10,ll
AG PD L9,ll
AG PD L9,10
AG PD
AG PD CK-17G
AG PD CK-17H
t Optional
1.7-3
- J
-------
HSWA Authorization Matrix
Statutory/Regulatory Provisions
. Authorization Availability
Application Other
#
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Title
Double liner exemption for
alternate design t
Double liner monofill
exemption t
Double liners in Alabama
Incinerators ORE
Groundwater monitoring
Groundwater monitoring
exemptions t
Financial responsibility -
direct action
Allow insurer to use
owner/operator rights t
Limit insurers liability t
Corrective Action
Corrective Action
beyond property boundary
Preconstruction ban
RCRA Cite
3004(o) (2)
3004(o) (3)
3005(i)(2)
3004(o)(6)
3004(o) (1)
3004(p)
3004(p)( )
3004(t)(2)
3004(t)(2)
3004(t)(3)
3004(u)
3004(v)
3005(a)
40
264
264
CFR Cite
.221(d)
.301(d)
264.221(e')
,(4) 264.301(e) .
264
.301(k)
(b) 264.343(a)
- 264
264
264
264
264
264
264
270
270
.222
.252
.253
.302
.90(b)
.101
.60
-• i
i
Type Apply
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
FA N/A
IA/FA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
Receive
11/8/84
11/8/84
11/8/84
N/A
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
Deadline
7/1/88
7/1/88
7/1/88
N/A
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
Requirements
AG PD CK-17H
AG
AG
AG
AG
AG
AG
AG
AG
AG
AG
PD CK-17H
PD CK-17H
PD CK-17I
PD CK-17I
PD
PD
PD
PD CK-17L
PD
PD CK-17M
Notes
Ll4
L14
only in AL
base prog;
L26
L36
L24
L21
L21
L21
L24
L29
t Optional
1.7-4
-------
HSWA Authorization Matrix
Statutory/Regulatory Provisions
Authorization Availability
Application Other
\ Title
11. Exemption from pre-
construction ban for
TSCA facilities t
>8. Permit life
19. Permit conditions to protect
health & environment
JO. Loss of interim status
for land disposal facilities
11. Loss of interim status
for incinerators
52. Loss of interim status
for other facilities
}3. Expansion of interim status
to newly regulated units
J4. Research, development &
demonstration permits
J5. Waste minimization for
facilities
J6. Groundwater monitoring
and regulated units
RCRA Cite
3005(a)
3005 (c)
3005(c)
3005(c)
3005(c)
3005(c)
3005-(e)
3005(g)
3005(h)
3005 (i)
40 CFR Cite
270.10(f)(3)
' 270.41(a)(6) •
270.50(d)
270.32(b) ' .
270.10
270.73(e)(4)
270.10
270.73(e)(4)
270.10
270.73(e)(4)
270.10(e)
270.70(a)&(c)
270.10(a)
270.65
264.73(b)(9)
264.70,
270.30(j).(2)
264.90(a)
Type Apply
IVFA 11/8/84
• i
IA/FA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
, IVFA 11/8/84
i
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
Receive
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
Deadline Requirements Notes
7/1/88 AG PD CK-17M L26
7/1/88 AG PD CK-17N
7/1/88 AG PD CK-170
7/1/88 AG PD CK-17P
7/1/88 AG PD CK-17P
7/1/88 AG PD CK-17P
7/1/88 AG PD CK-17P
7/1/88 AG PD CK-17Q
7/1/88 AG PD CK-17D
7/1/88 AG PD CK-17L L19
t Optional
1.7-5
-------
HSWA Authorization Matrix
Statutory/Regulatory Provisions
Authorization Availability
Application
Title
State availability of
information
Interim status corrective
action authority
Double liners for interim
status waste piles
Double liner exemption for
interim status waste piles t
Double liner and interim
status for LF & SI
Double liner exemption for
interim status LF & SI t
Double liner in good
faith t
Hazardous waste exports
Exposure information
RCRA Cite
30Q6(f)
3008 (h)
3015(a)
3015(a)
3015(b)(l)&
(2)
3015('b)(3)
3015(b)(3)
3017
3019
40 CFR Cite
265.254
265.254
265.221
265.301
265.221(c)
265.301(c)
265.221(e)
265.301(e)
262.50(d)
270.10(c)
270.10(j)
'Type Apply
IVFA 11/8/84
None
IVFA 11/8/84
IVFA 11/8/84
IVFA 11/8/84
1 IVFA 11/8/84
IVFA 11/8/84
IA/FA 11/8/84.
IVFA 11/8/84
Receive
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
11/8/84
Deadline Requirements Ccmments
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
7/1/88
AG PD MOA
AG PD CK-17H
AG PD CK-17H L39
AG PD CK-17H
AG PD CK-17H L41
AG PD CK-17H L41
AG PD CK-17R
AG PD CK-17S
t Optional
1.7-6
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OSWER Policy Directive
No. 9540.00-1C
CHAPTER 3.1
STATE AGENCY LETTER
The State's revision application should be transmitted to
EPA by a letter from the Director of the hazardous waste program,
(See the discussion of "Lead State Agency" on page 2.2-3.)
The letter should briefly describe the nature of the State
modifications contairted in the application. The Director
should also indicate whether the State is seeking interim
or final authorization of the various State modifications.
The State Agency letter should be less than one page long
in most cases.
3.1-1
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OSWER Policy Directive
No. 9540.00-1C
CHAPTER 3.2
PROGRAM DESCRIPTION
Introduction
The Program Description is one of the critical elements of
a State's authorization application since it describes the program
the State plans to operate in managing hazardous wastes. -The
Program Description provides .the State with the opportunity to
(1) discuss differences between the State and Federal programs,
(2) demonstrate how the State program meets the tests for
authorization, and (3) describe the division of responsibilities
among the State Agencies. The basic Program Description
requirements are presented in Chapter 2.2. This Chapter describes
the type of Program Description needed for a State program revision,
Content
The content and form of the Program Description for a
program revision will vary depending on the State program
modifications that are included in the State's revision
application. As discussed in Chapter 1.5 of this manual,
the State must modify its program within one year (two years
for statutory changes) from the close of the cluster period.
Of course, the State may apply for authorization prior to the
prescribed deadline. In addition, a State with final authori-
zation may seek .HSWA interim-or final authorization through'.
the program -revision process. ' .
The State has the option of modifying its existing
Program Description on file with EPA in either of two ways:
(1) Addendum - The addendum would identify the appro-
priate sections of the existing Program Description
to be deleted, modified and/or expanded.
.(2) Updated page inserts - Program Description page
updates may be used for original applications
that are in loose-leaf format. All new pages
should be clearly marked with a revision date
and page numbers should correspond to original
text with alpha designations used where necessary
(i.e., 11, 11-a, 11-b, etc.). A copy of an
original page with partially lined-out text can
be used, if appropriate.
In some instances, a State program revision may be simple
enough to be addressed in the State's revision application
transmittal letter in lieu of a Program Description amendment
or.addendum.
3.2-1
-------
The information to be provided in the Program Description
is specified in §271.6 (see page 2.2-1). It will be easiest
for the State and for the reviewers (i.e., EPA and the public)
if the information is presented in the sequence shown in the
regulations. The length of the Program Description will vary
among States, depending on factors such as the complexity of
the State program, scope and extent of program provisions
being applied for, number of State agencies involved, extent
of differences between the State and Federal programs, etc.
Further guidance is provided below on the elements of the
Program Description that will ususally be necessary in the
State's revision application.
Scope, Structure, Coverage and Processes of State Program -
§271.6(a) . - •
In this section of the Program Description the State
must describe the scope of the program revisions being applied
for. The State must clearly describe whether the revision is
to address a RCRA regulatory "cluster".or to obtain authoriza-
tion for other specific program provisions. The Program
Description must show, in narrative terms,, how the State provides
the coverage corresponding to the amended regulatory provisions
of the RCRA program. Differences between the State and Federal
programs should be discussed. In developing this description,
the State should find especially valuable the regulatory
checklists (Appendix A of this Manual) completed by the Attorney
General as part of his Statement. If the Attorney General does
not complete the checklists, the State agency should complete the
checklists and attach them to the Program Description. In .the
absence of EPA-prepared model regulatory checklists, the State
should provide one-to-one comparisons of respective State and EPA
regulatory provisions. If the State has incorporated the Federal
regulations by reference, then use of the regulatory checklist may
not be necessary if the State can demonstrate equivalent coverage
in a simpler manner. The Program Description must show, how the
program revision satisfies the requirements for final authorization,
reflecting the statutory tests as explained in Chapter 1.5.
(Note: If a State is seeking interim authorization for a HSWA
provision, than it need only demonstrate that its program is
"substantially equivalent".)
State Agency Responsibilities - §271.6(b)
The Program Description must clearly delineate the
responsible State agency for each of the RCRA requirements
which are part of the State's revision. This includes a
description of the State agency responsibilities for
administrative procedures on notification, certification,
compliance, and joint permitting, as appropriate. Reference
can be made to the existing Program Description if these topics
have already been discussed.
3.2-2
-------
This section of the Program Description may also describe
the division of responsibility between the State and EPA. This
is especially important for the regulated community which will
be dependent on the application for a clear statement of State
or Federal lead on each HSWA-requirement. It is suggested that
a listing or matrix of the HSWA activities be developed and
maintained as part of the Program Description to provide a
concise, definitive statement of which program areas the State
has (or is seeking) authorization for as well as the program
areas for which EPA remains responsible. As subsequent
authorizations occur, the matrix will become more and more
complete until the State obtains authorization for all of the
HSWA authority available. (It should be clearly stated in the
Program Description that the lack of State authorization does
not preclude the State from enforcing provisions of its own
program, even if it parallels a HSWA requirement that EPA is
implementing.)
Resources - §271.6(b)
This section of the Program Description must address the
State agency staffing and funding to carry out the activities
. that are the subject of the program revision. This section
must distinguish between new resources and existing resources
being assigned to the new responsibilities. Any impact on the
base program (and previous modifications) should be -explained.
Any Changes which have occurred, since the initial receipt of
final authorization, such as a reduction in the size of the
regulated community or program changes that affect the agency's
efficiency, .should be discussed where impacts on base program
resources are significant. The Program Description must provide
information regarding personnel and funding for each agency
involved and any contractor assistance utilized to provide a
comprehensive picture of the resources available to conduct the
activities proposed in the State's application for at least two
years following the approval of the State's revision.
State Procedures - § 271.6(c) .
As appropriate, this section should describe any State
procedures (i.e., permitting, certification, notification, etc.)
which will be used to implement the program revision.
Compliance Tracking and Enforcement - § 271.6(e)
The State's Program Description must demonstrate the way
in which the State compliance monitoring and enforcement program
will operate in order to ensure compliance with State standards
and permits issued under State authority by all hazardous waste
management facilities, generators, and transporters addressed in
the State program revision. If the revision will impact the
enforcement program for which the State is already authorized,
then such impacts need to be addressed.
3.2-3
-------
The Federal regulations at §271.15(b)(2) require the State
to maintain a program .for periodic inspections of the facilities
and activities subject to regulation. EPA recognizes that
resource limitations may require that inspections be conducted
in priority order, with selected hazardous waste handlers being
inspected at a greater frequency. HSWA requires EPA to inspect
Federal, State and local TSDF's once each year. States have
the option of participating in joint inspections with EPA for
these facilities. All remaining TSDF's must be inspected at
least once every other year. Priorities will be established
annually in the RCRA Implementation Plan. State priorities
need to be described in the Program Description, as well as a
process for integrating them with EPA's established priorities
(e.g., the annual RCRA grant work program). The actual number
of inspections,and the priorities for inspections will be
negotiated annually between the State and EPA as part of the
annual grant process.
In order to meet^compliance tracking and enforcement goals,
the State needs to demonstrate the adequacy of its program to
ensure:
(1) Implementation of the standards set forth in the EPA
Enforcement Response Policy (dated December 21, 1984)
and any other policies or actions committed to in
Enforcement Agreements (which are updated annually);
(2) Investigation of reported or suspected violations;
(3) Verification of compliance with schedules in an
enforcement action or otherwise;
(4) Collection and analysis of samples during routine
monitoring and pursuant to investigations of•violations
(e.g., using-proper chain of custody procedures) that
will produce evidence admissible in an enforcement
proceeding or in court.
(5) Enforcement with applicable transporter requirements
through coordination with the Federal and/or State
Department of Transportation.
(6) Effective use of its enforcement tools (administrative
and judicial) in instances of non-compliance. It is
particularly important to note how the State will
implement its authority to require corrective action
for releases of hazardous waste or constituents from
any solid waste management unit at a facility if
the State is seeking authorization for corrective
action.
3.2-4
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Estimated Regulated Activities - §§271.6(g) & (h)
The State must provide the best numerical estimates, based
on existing data, on hazardous waste activities in the identified
categories covered-by the application. The sample format in
Table 4 may be used for display of this information and should
be supplemented as needed to identify the regulated community
and activities that will be affected by the State revision.
Only those activities that have a counterpart under the Federal
program need to be included. States are encouraged to provide a
brief narrative explanation.of the estimates.
Copies of State Forms and Coordination with other Agencies -
§§271.6(d) & (f).
For most program revisions States Will not need.to provide
copies of State forms or additional discussion of how the State
coordinates its activities with other State and Federal agencies.
This required information is contained in the State's initial
authorization application. However, if the State's forms or
coordination activities have been modified, or if the State's
program revision involves the use of State forms or impacts
intergovernmental coordination, then the State's revision program
description should contain appropriate discussion and copies of
forms. [For example, if the State revision contains modifications
to the uniform national manifest requirements, then a copy of
the State's manifest form should be included in the Program
Description.]
3.2-5
-------
TABLE 4
Estimated Activities Subject to Program Revision Requirements
TYPE OF ACTIVITY
NUMBER OF HANDLERS
WASTE QUANTITIES
Generators
Transporters
Storage - on-site
- off-site
Treatment - on-site
- off site
Disposal - on-site
- off-site
Transported into the State
Transported out-of-State
3.2-6
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OSWER Policy Directive
No. 9540.00-1C
CHAPTER 3.3
ATTORNEY GENERAL'S STATEMENT
Federal Requirement
§271.7 Attorney General's Statement
NOTE: EPA will supply States
with an Attorney General's
statement format on request.
(b) When a State seeks
authority over activities on
Indian lands, the statement
shall contain an appropriate
analysis of the State's
authority.
(a) Any State that seeks to
administer a program under this
subpart shall submit a statement
from the State Attorney General
(or the attorney for those State
agencies which have independent
legal counsel) that the laws of
the State provide adequate
authority to carry out the program
described under §271.6 and to
meet the requirements of this
subpart. This statement shall
include citations to the specific
statutes, administrative regulations
and, where appropriate, judicial
decision which demonstrate adequate
authority. State statutes and
regulations cited by the State
Attorney General or independent
legal counsel shall be in the
form of lawfully adopted State
statutes and regulations at the
time the statement is signed and
shall be fully effective by the
time the program is approved. To
qualify as "independent legal
counsel" the attorney signing the
statement required by this s-ection
must have full authority to
independently represent the State
agency in court on all matters
pertaining to the State program.
Introduction
The Final Authorization Guidance Manual published in
June 1983 contained a Model Attorney General's Statement. The
Model was based on 40 CFR §271.7 and was designed to assist
attorneys preparing to demonstrate that State law and'regulations
provided adequate authority for a State to receive final authori-
zation under Section 3006(b) of RCRA. .Applicants should review
Chapter 2.3 this Manual for general guidance on the preparation
of Attorney General's Statement.
3.3-1
-------
Since the preparation of the Model Statement, EPA has
promulgated many new regulations. In addition, various •
requirements have been imposed directly by statute pursuant to
the Hazardous and Solid Waste Amendments of 1984 (HSWA) amending
RCRA, 42 U.S.C. §6926(g)(l). States applying for final author-
ization are required to adopt some of the newer statutory and
regulatory requirements as a condition of authorization, depending
on when their official application is submitted. (See 40 CFR
271.21(e)(1), and related preamble discussion, 50 FR 28732,
28754 (July 15, 1985).) States which have already received
final authorization must adopt new RCRA statutory and regulatory
requirements in effect now pursuant to the schedule in 40 CFR
S271.21(e)(l)(ii) and (e)(2). See 50 FR 28731-28733, 28754
(July 15, 1985) and 51 FR 496-504 (January 6, 1986). (If the
new RCRA requirements are less stringent than the previous RCRA
requirements, States may adopt them but are not required to do
so.) The purpose of the Model Attorney General's Statement in
this chapter is to supplement the June 1983 Model Statement, to
include the new provisions States must adopt.
Use of the Model Statement
EPA does not expect that most -States will seek authorization
for all the RCRA provisions included in this Model Statement at
one time. Because it covers requirements established over a two
and half year period, States do not have to adopt all the require-
ments simultaneously. States should either put "not applicable"
beside any provisions in the Model Statement they are not seeking
authority .for-or reformat the Model to exclude those provisions.
Where the State is in the process of applying for final authori-
zation to carry out the base RCRA program (in contrast to sub-
mitting a program revision after authorization), it should append
this Model statement - or pertinent provisions thereof - to its
Attorney General's statement based on the June 1983 Model
Attorney General's Statement (see Chapter 2.3). EPA will also
update this Model periodically to reflect new requirements.
Relationship of Model Statement and HSWA Statutory Checklist
It should be noted that the new Model Statement does not
include all the provisions appearing on the .Statutory Checklist
for HSWA. (see Chapter 3.5). This is because States are not
eligible to receive authorization now for all HSWA provisions.
States can only be authorized to carry out HSWA requirements that
have taken effect. The HSWA Checklist was designed to enable
States to predict what statutory authority they were ever likely
to need to implement all HSWA requirements, not to indicate
which statutory provisions for which they could currently seek
authority. The following' list classifies the current status 'of
each RCRA provision on the HSWA statutory checklist. The provisions
listed in categories I or II may also appear in category III.
All category I provisions appear in this Model Attorney General's
3.3-2
-------
Statement. The number references in each category refer to line
items in the HSWA statutory.checklist.
I. States may be authorized to carry out the
following HSWA requirements which have
taken effect by statute and/or regulation.
1,4,5,6,8,10,12,15-19,21-31,32,35,36,38,39
II. No HSWA regulatory or statutory requirements
have been promulgated or taken effect in the
following areas. Therefore, a State may not
be authorized for them yet.
2,3,7,9,11,13,14,20,33,34,37
III. HSWA requirements in the following areas are
[will be] optional. States are not required
to adopt them.
3,9,16,21,25,27,31,34,37
.In addition to the Category I items, the Model Statement
references HSWA provisions that did not appear on the Statutory
Checklist but for which a State may now seek authorization. As
explained in the Introduction to the Statutory Checklist, EPA~did
not include those HSWA requirements that a State would be able to
implement without seeking new statutory authority, such as the
double liner requirement for landfills.
The Model Statement also includes RCRA provisions not
promulgated under HSWA authority. States are required to main-
tain an equivalent program for all RCRA requirements whether or
not promulgated under HSWA.
Inseparable HSWA P'rovisions
There may be circumstances in which States will adopt some
but not all of several related HSWA requirements. States should
be aware that EPA may not be able to authorize the State to carry
out every provision for which the State.has equivalent authority.
Certain HSWA requirements, in particular, are-so integrally
related that it is not feasible for EPA to authorize one without
the other. In such cases EPA would require the State to have
authority for all related provisions. For example, a State
could not receive authorization for corrective action without
having the corresponding financial responsibility requirements.
3.3-3
-------
Federal Variances and Exemptions
It is also possible that States may not be authorized to
grant certain HSWA exemptions and variances in lieu of EPA. The
wording and purpose of some HSWA provisions suggests that Congress
intended that EPA, not the State, make the decision about whether
to grant a variance or extension. While States may decide to
grant parallel variances or extensions, the facility would also
have to obtain EPA1s.approval, even after the State receives
authorization for the underlying requirement from which the
exemption or variance is sought.
Citations of State Authority
Each item in the Model Statement lists the Federal authority
for which a State must have equivalent authority. In most cases
EPA has implemented its statutory authority through regulations;
thus, the Attorney General must certify that the State's authority
is equivalent to the regulations cited in the "Federal Authority"
section. (The Federal regulation citations also appear in
greater detail on the Regulatory Checklists EPA has prepared.)
In some instances there are no implementing regulations; See,
e.g., IV.G. of the Statement regarding RCRA §3004(t). There the
Attorney General must certify State statutory or regulatory
equivalency to EPA's statutory authority.
In describing and citing to State authority, it is critical
that the Attorney General distinguish between general and specific
authority. For example, many State laws authorize the promulga-
tion of any regulations necessary to effectuate the statutory
purpose. -Thus, they would have authority to enact regulations
satisfying many of the new RCRA requirements. However, unless
and until there are specific State statutory or regulatory
requirements corresponding to EPA's requirements, a State
will not be authorized.
3.3-4
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MODEL ATTORNEY GENERAL'S STATEMENT FOR FINAL AUTHORIZATION
FOR CHANGES TO THE FEDERAL RCRA PROGRAM FROM
JANUARY, 1983 THROUGH January, 1986
I hereby certify, pursuant to my authority as •
and in accordance with Section 3006(b) of the Resource
Conservation and Recovery Act, as amended by the Hazardous
and Solid Waste Amendments of 1984 (42 USC 6901 e_t seq. ) , and
40 CFR 271 that in my opinion the laws of the State [Common-
wealth] of provide adequate authority to
carry out the revised program set forth in the revised "Program
Description" submitted by the [State Agency]. The specific
authorities provided are. contained in statutes or regulations
lawfully' adopted at the time this Statement is signed and which
are in effect now [shall be fully effective by ],
as specified below.
I. IDENTIFICATION AND LISTING .
A. State statutes and regulations contain lists of hazardous
waste which encompass all wastes controlled under the following
Federal regulations as indicated in the designated Revision
Checklists:
(1) Chlorinated aliphatic hydrocarbons, 40 CFR 261.31,
as _amended February 10, 1984 [49 FR 5308-15],'Revision
Checklist 4.
(2) TDL, DNT and TDA wastes, 40 CFR 261.32 and 261.33(f), as
amended October 23, 1985 [50 FR 42936-43], Revision
Checklist 18.
(3) Spent solvents, 40 CFR 261.31, as amended December 31,
1985 [50 FR 533515-20], Revision Checklist 20.
(4) EDB wastes, 40 CFR 261.32, as amended February 13, 1986
[51, FR 5330], Revision Checklist 21.
(5) Four spent solvents, 40 CFR 261.31 and 261.33(f), as
amended February 25, 1986 [51 FR-6541], Revision
Checklist 22.
(6) [OPTIONAL: This is a reduced requirement.] - .
Warfarin and zinc phosphide listing, 40 CFR 261.33(e)
and (f), as amended May 10, 1984 [49 FR 19923], Revision
Checklist 7.
[Federal Authority: RCRA §3001(b)]
* The phrase "OPTIONAL; This is a reduced requirement" is used to
indicate provisions that either are less stringent or reduce
the scope of the program.
3.3-5
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B. State statutes and regulations define hazardous waste
so as to control the generation, transportation, treatment,
storage and disposal of hazardous waste produced by small
quantity" generators as indicated in Revision Checklist 17A.
[Federal1 Authority: RCRA §3001(d); 40 CFR 261.5(b), (f-h)]
C. [OPTIONAL: .This is a reduced requirement.]
State statutes and regulations provide authority to delist
hazardous waste as indicated in Revision Checklist 17B..
(1) State statutes and regulations'require that before
deciding to delist a waste, the State must consider
whether any listing factor (including additional
constituents) other than those for which the waste
was listed would cause the waste to be hazardous.
[Federal Authority: RCRA §3001(f)(l); 40 CFR
260.22]
(2) State statutes and regulations require that there
be no new temporary delistings without prior notice
and comment and all temporary delistings lapse if
not made final by November 8, 1986.
[Federal Authority: RCRA 3001(f)(2); 40 CFR
260.20(d)]
D. [OPTIONAL: This is a reduced requirement.]
State Statutes and regulations define hazardous waste so as to
exclude waste pickle liquor sludge generated by lime stabilization,
but only to the exten.t that such waste is excluded by 40 CFR
261.3(c)(2), as amended June 5, 1984 [49 FR 23287], as- indicated
in Revision Checklist 8.
[Federal Authority: RCRA §3001; 40 CFR 261.3(c)]
E. [OPTIONAL; This is a reduced requirement.]
States statutes and regulations define hazardous waste so as to
not exclude household waste other than those household wastes
excluded in 40 CFR 261.4(b)(l), as amended November 13, 1984
[49 FR 44980], and as indicated in Revision Checklist 9.
[Federal Authority: RCRA §3001; 40 CFR 261.4(b)(c)]
II. DEFINITION OF SOLID WASTE
A. State statutes and regulations define hazardous waste
and impose management standards so as to control all the hazardous.
waste controlled under 40 CFR Parts 261, 264, 265 and 266 as
amended January 4, 1985 [50'FR 614-669], April 11, 1985 [50 FR
14216-20], and August 20, 1985 [50 FR 33541-43] as indicated in
Revision Checklist 13.
[Federal Authority: RCRA §§3001, 3004]
3.3-6
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Ill: MANAGEMENT OF DIOXIN WASTES
A. State statutes and regulations contain the following
requirements regarding dioxin wastes as indicated in Revision
Checklist 14:
(1) Dioxin wastes are listed and otherwise identified
as hazardous wastes so as to encompass all such
wastes controlled under 40 CFR 261.5(e), 261.7(b),
261.30(d), 261.31, and 261.33(f).
(2) Special management and permitting standards for
facilities managing dioxin wastes and prohibi-
tions applicable to interim status facilities,
as provided in 40 CFR Parts 264, 265, and 270.
[Federal Authority: §§3001, 3004; 40 CFR Parts 261, 264, 265
and 270 as amended January 14, 1985 [50 FR 1978-2006].]
IV. MANAGEMENT OF USED OIL ' .
State statutes and regulations contain the following
requirements regarding used oil as indicated in Revision
Checklist 19:
(1) Used oil are identified' as hazardous wastes so as to
encompass all such wastes .controlled under 40 CFR
261.3, 261.5, and 261.6.
(2) Special management standards for generators,
transporters, marketers, and burners of used
oil when burned for energy recovery, as
provided in 40 CFR 264.340, 265^.340, and 266.30-35.
[Federal Authority: §3001, 3004; 40 CFR Parts 261, 264, 265,
and 266 as amended November 29, 1985 [50 FR 49164-212].]
V. Applicability of Interim Status Standards
A. State statutes and regulations contain the following
requirements regarding interim status standards as indicated
in Revision Checklists 3 and 10':
('!) Interim status standards apply to facilities identified
in 40 CFR. 265.l(b).
[Federal Authority: RCRA § 3004; 40 CFR Part 265 as amended
November 22, 1983 and November 21, 1984.]
3.3-7
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VI. Paint Filter Test
State statutes and regulations require the use of a paint
filter test to determine the absence or presence of free liquids
in either a containerized or bulk waste as indicated in Revision
Checklist 16.
[Federal Authority: RCRA §§ 3004, 3005; 40 CFR Parts 260,
264, 265, and 270 as amended April 30, 1985.]
VII. National Uniform Manifest
State statutes and regulations require generators to use
the national uniform manifest in conformance with 40 CFR Parts
260 and 262 as amended March 20, 1984 [49 FR 10490] as indicated
in Revision Checklist 5.
[Federal Authority: RCRA § 3002.]
VIII. Biennial Report
A. State statutes and regulations contain the following.
reporting requirements as indicated in Revision Checklist 1.
(1) The biennial report contains the information indicated
in 40 CFR 262.41(a). . ,
(2) Facilities must submit groundwater monitoring data
annually to the Regional Administrator as indicated .
in 40 CFR 265.94.
[Federal Authority: RCRA §§ 3002, 3004; 40 CFR Parts 262 and
265 as amended January 28, 1983 [48 FR 3981-83].]
/
IX. Waste Minimization
State statutes and regulations contain the following
requirements regarding waste minimization as indicated in
Revision Checklist 17D:
(1) Generators must submit report and manifest certifications
regarding efforts taken to minimize the amounts and
toxicity of wastes.
[Federal Authority: RCRA § 3002(a)(6), (b); 40 CFR 262.41 as-
amended July 15, 1985.]
(2) RCRA permits for the treatment, storage, or disposal
of hazardous waste on the premises where the waste
was generated must contain a certification by the
permittee regarding efforts taken to minimize the
amount and toxicity of the generated wastes.
[Federal Authority: § 3005(h); 40'CFR 264.70 and .73 as amended
July 15, 1985.] .
3.3-8
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X. Liquids in Landfills
A. State statutes and regulations contain the following
requirements regarding liquids in landfills as indicated in
Revision Checklist 17F.
(1) Effective May 8, 1985, there is a ban on the placement
of bulk or non-containerized liquid hazardous waste
or hazardous waste containing free liquids pursuant
to 40 CFR 264.314 and 265.314 as amended July 15,
1985.
(2) The disposal of nonhazardous liquids in Subtitle C
landfills is prohibited unless the owner or operator
satisfies the criteria set forth in 40 CFR 264.314(f),
265.314(f), as amended July 15 1985.
[Federal Authority: § 3004(c); 40 CFR 264.314, 265..314.]
/
XI. Ground-Water Monitoring
A. State statutes and regulations provide that the §3004
ground-water monitoring requirements applicable to surface
impoundments, waste piles, land treatment units and landfills
shall apply whethe-r or not such units are located above the
seasonal high water table, have two .lines and a leachate .
collection system or have liners that are periodically inspected,
as indicated in Revision Checklist I.
[Federal Authority: RCRA § 3004(p); 40 CFR 264.222, .252,
.253, and .302 as amended July 15* 1985.]
B. [OPTIONAL; This is a reduced requirement.]
State statutes and regulations may allow variances from the
ground-water monitoring requirements as provided in §3004(p).
However, those variances must be restricted as provided in
RCRA §3004(p).
[Federal Authority: RCRA § 3004(P); 40 CFR 264.90(b).]
XII. Burning and Blending of Hazardous Wastes
A. State statutes and regulations provide the following
requirements:
t
(1) The burning of fuel containing hazardous waste in a
cement kiln is prohibited as specified in 40 CFR
266.31 and Revision Checklist 17J.
[Federal Authority: RCRA § 3004(q); 40 CFR 266:31.]
3.3-9.
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(2) Fuels containing hazardous waste and all persons who
produce, distribute and market fuel containing hazardous
wastes must be regulated as indicated in Revision
Checklists 17 J and K.
[Federal Authority: RCRA §3004 (q) -(s); 40 CFR 261.33; 266.'34.].
B. [OPTIONAL; This is a reduced requirement.]
State statutes and regulations provide exceptions to these
requirements as specified in §3004(q)-(s).
[Federal Authority: RCRA §3004(q)-(s)]
XIII. Corrective Action
State statutes and regulations contain the following
corrective action requirements as indicated in Revision
Checklist 17L:
(1) Corrective action is required for releases of hazardous
waste or constituents from any solid waste management
unit at a facility seeking a permit, regardless of
when the waste was placed in the unit, in all permits
issued after November 8, 1984 as indicated in Revision
Checklist 17L.
"[Federal Authority: RCRA §3004(u); 40 CFR 264.90; 101; 270.60]
(2) Corrective action is required beyond a facility's
boundary, in accordance with RCRA § 3004(v). (States
now may impose these requirements through a permit or
a corrective action order. Once EPA promulgates the
regulations required by RCRA §3004(v), States will
need authority to impose corrective action in a permit
following the §3004(v) regulations.)
[Federal Authority: RCRA §3004(v)]
(3) There is evidence of financial responsibility for
corrective action on- and off-site.
[Federal Authority: RCRA §3004(a)(6); (u); 40 CFR 264.90;
.101]
XIV. HAZARDOUS WASTE EXPORTS .
State statutes and regulations provide that any person
exporting hazardous waste shall .file with the Administrator an
annual report in conformance with §262.-50 as' indicated in
Revision Checklist 17R.
[Federal Authority: RCRA §3017; 40 CFR 262.50.]
3.3-10
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XV. . STANDARDS FOR FACILITIES
A. State statutes and regulations prohibit the land disposal
of hazardous waste prohibited under 40 CFR Parts 264 and 265 as
indicated in Revision Checklists 5 and 6. Land disposal includes,
but is not limited to, landfills, surface impoundments, waste
piles, deep injection wells, land treatment facilities, salt
dome and bed formations and underground mines or caves. Deep
injection well means a well used for the underground injection
of hazardous wastes other than a well to which §7010(a) of RCRA
applies 4
[Federal, Authority: RCRA §3004(b)-(q); 40 CFR 264.18, 265.18.]
B. State statutes and regulations prohibit the use of waste
oil or other materials contaminated with hazardous wastes (except
ignitible wastes) as a dust supressant as indicated in Revision
Checklist 17G. ' . •
[Federal Authority: RCRA §3004(1); 40 CFR 266.23.]
C. State statutes and regulations allow direct action
by third parties against the insurer or guarantor of an
owner/operator's financial responsibilites if an owner/operator
is in bankruptcy reorganization or arrangement or where (with
reasonable diligence) jurisdiction in any State or Federal.
C©u-rt cannot be obtained over an owner/operator likely to be
solvent at time of judgment*
[Federal Authority: RCRA §3004(t).]
D. State statutes and regulations require the permittee
to tak-e steps to minimize releases to the environment in
accordance with 40 CFR Part 270.30(d) as amended September 1,
1983, as indicated in Revision Checklist 170.
[Federal Authority: RCRA §3005(c).']
E. State statutes and regulations require that closure
and post-closure requirements and special requirements .for
containers apply to interim status landfills.
[Federal Authority: RCRA § 3004; 40 CFR 265.310, .315 as
amended April 23, 1985.]
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XVI. REQUIREMENTS FOR PERMITS
A. [OPTIONAL; This is a reduced requirement.]
State statutes and regulations allow a facility (1) to construct
an approved TSCA facility for burning PCBS without first obtaining
a RCRA permit and (2) to subsequently apply for a RCRA permit in
accordance with Revision Checklist 17M.
[Federal Authority: RCRA §3005(a), 40 CFR 270.10(f)(3j]
B. State statutes and regulations require review of land
disposal permits every five years and modification of such
permits as necessary to assure compliance with the requirements
in Parts 264, 266, and 270, as indicated in Revision
Checklist 17N.
[Federal Authority: RCRA §3005(c)(3), 40 CFR 270.50(d); 41(a)(6).]
C. State statutes and regulations require permits to
contain any conditions necessary to protect human health and
the environment in addition to any conditions requi-red by
regulations as indicated in Revision Checklist 17N.
[Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32]
*D. State statutes and regulations require that:
(1) For land disposal facilities granted interim status
prior to 11/8/84, interim status terminates 11/8/85
unless a Part B application and certification of
compliance with applicable groundwater monitoring .
and financial responsibility requirements are
, submitted by 11/8/85 as indicated in Revision
Checklist 17P.
[Federal Authority: RCRA §3005(c) and (e); 40 CFR
270.73(c)]
(2) For land disposal facilities in existence on the
effective date of statutory or regulatory changes under
this Act that render the facility subject to the require-
ment to have a permit and which is granted interim .
status, interim status terminates 12 months after the
date the facility first becomes subject to such permit
requirement unless a Part B application and certification
of compliance with applicable groundwater monitoring and
financial responsibility requirements are submitted by
that date as indicated in Revison Checklist 17P.
r
[Federal Authority: RCRA § 3005(c) and (e); 40 CFR
270.(d).] - •
3.3-12
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(3) Interim status terminates for incinerator facilities
by 11/8/89 unless the owner/operator submits a
Part B application by 11/8/86 as indicated in
Revision Checklist 17P.
[Federal Authority: RCRA §3005(c) and (e); 40 CFR
270.73(e)]
(4) Interim status, terminates for any facility other
than a land disposal or an incineration facility
by 11/8/92 unless the owner/operator submits a
Part B application by 11/8/88 as indicated in
Revision Checklist 17P.
[Federal Authority: RCRA §3005(c) and (e); 40 CFR
270.73(f).]
E. [OPTIONAL; This is a reduced requirement.] State statutes
and regulations allow facilities to qualify for interim status
if they (1) are in existence on the effective date of statutory
or regulatory changes that render the facility subject to the
requirement to have a permit and comply with §270.70(a) as
indicated in Revision Checklist 17P.
[Federal Authority: RCRA §3005(e); 40 CFR 270.73Cd)]
F. State statufee-s and regulations provide -that facilities
may not qualify for interim status under the State's analogue to
Section 3005(e) if they were.previously denied a Section 3005(c)
permit or if authority to operate the facility has been terminated
as indicated in Revision Checklist 17P.
[Federal .Authority: RCRA §3005(c)(3); 40 CFR 270.70(c)]
G. [OPTIONAL; This is a reduced requirement.] State
statutes and regulations -allow the issuance of a one-year research
development, and demonstration permit (renewable 3x) for any
hazardous waste treatment facility which proposes an innovative
and experimental hazardous waste treatment technology or process
not yet regulated as indicated in Revision Checklist 17Q.~ If
adopted, however, the State must require the facility to meet
RCRA's financial responsibility and public participation require-
ments and retain authority .to terminate experimental activity if
necessary to protect health or the environment.
[Federal Authority: RCRA 53005(g); 40 CFR 270.65]
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H. State statutes and regulations require landfills, surface
impoundments, land treatment units, and piles that received waste
after July 26, 1982 and which qualify for interim status to comply
with the groundwater monitoring, unsaturated zone monitoring, and
corrective action requirements applicable to new units at the time
of permitting.
[Federal Authority: RCRA §3005(i); 40 CFR 264.90]
I. State statutes and regulations require surface impoundments
having interim status as of November 8, 1984 [or subsequently
becoming subject to RCRA pursuant to §3005(j)(6)(A)] to comply
with the double liner, lea.chate collection, and ground-water
monitoring requirements applicable to new units by November 8,
1988 [or -the date specified in §3005(j)(6)(A)] or stop treating,
receiving, or storing hazardous waste.
[Optional; This is 'a reduced requirement.] State statutes
and regulations may allow variances from the above requirements
as provided in RCRA §3005(j)(2-4) and (13). .However, the avail-
ability of such variances must be restricted as provided in RCRA
§3005(j)(6)(B), and (8).
[Federal Authority: RCRA §3005(j)]
J. Facility owners or operators arte given the opportunity
to cure deficient Part A applications in accordance with 40 CFR
270.70(b) before failing to qualify for interim status.
[Federal Authority:' RCRA § 3005; 40 CFR Part 270 as amended
April 24, 1984.]
XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS
A. State statutes and regulations require that new units,
expansions, and replacements of interim status waste piles meet
the requirements for a single liner and leachate collection
system in regulations applicable to permitted waste piles as
indicated in the Revision Checklist 17H.
[Federal Authority: RCRA §3015(a); CFR 265.254]
B. . State statutes and regulation require that:
(1) New units, expansions, and replacement units at
interim status landfills and surface impoundments
and permitted landfills and surface impoundments
meet the requirements for double liners and
leachate collection systems applicable to new
permitted landfills and surface impoundments in
40 CFR 264.221, 1301 and 265, 221 and .301 as
indicated in Revision Checklist 17H.
3.3-14
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(2) [Optional; This is a reduced requirement.]
Facilities which comply in good faith need not
retrofit at permit issuance unless the liner is
leaking as provided in §§265.221(e) and 265.301(e).
(3) Variances from the above requirements are allowed.
However, the availability of such variances is
restricted as provided in §§265 . 2.21 ( c) and 265.301(c) .
[Federal Authority: RCRA §3015(b) 40 CFR 264.221 and 265.221.]
XVIII. EXPOSURE .ASSESSMENTS ' ' .
A. State laws and regulations require permit applicants
for landfills or surface impoundments to submit exposure information
as indicated in Regulatory Checklist 17S.
[Federal Authority: RCRA §3019(a); 40 CFR 270.10(j)].
B. State laws and regulations allow the State to make
assessment information available to the Agency for Toxic
Substances and Disease Registry. (See CERCLA §104(i))
[Federal Authority: RCRA §3019(b)]
XIX. AVAILABILITY OF INFORMATION .
State Statutes and regulations provide that:
(1) All records shall be available to the public
unless they are exempt from the disclosure
requirements of the Federal FOIA, 5 U.S.C.
552;
(2) All nonexempt records will be available to
the public upon request regardless of whether
any justification or need for such records
has been shown by the requestor, and
(3) .Variances from the above requirements are allowed.
However, the availability of such variances is
restricted as provided in §§265.221(c) and
265.301(c). The same types of records would be
available to the public from the State as would
be available from EPA. [In making this certifi-
cation, the Attorney General should be aware of '
the types of documents EPA generally releases
under the FOIA, subject to claims of business
confidentiality: permit applications, biennial
reports from facilities, closure plans, notification
of a facility closure, contingency plan incident
reports, delisting petitions, financial responsi-
instruments, ground-water monitoring data (note
that exemptions 5 U.S.C. 552(b)(9) of the FOIA
3.3-15
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applies to such wells as oil and gas, rather than
to ground-water wells), transporter spill reports,
international shipment reports, manifest exception,
discrepancy and unmanifested waste reports, facility
EPA identification numbers, withdrawal requests,
enforcement orders, and inspection reports].
[Federal Authority: RCRA §3006(f); 40 CFR §271.17(c).]
3.3-16
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OSWER Policy Directive
No. 9540.00-1C
CHAPTER 3.4
MEMORANDUM OF AGREEMENT
Introduction
The Memorandum of Agreement (MOA) is the vehicle for specifying areas of
coordination and cooperation in the respective roles and responsibilities of
EPA and the authorized State. As such, the MOA should be a dynamic instrument,
reviewed and revised annually to accommodate changes in the maturing State-EPA
relationship. Chapter 2.4 presents the Federal Requirement for the MOA and
provides a discussion of the purpose of the MOA and who should sign the Agreement»
The guidance in this chapter describes how the MOA should be changed or replaced
to accomodate the modified State/EPA relationship brought brought about by HSWA.
Model
The Model MOA contained in Chapter 2.4 was written to satisfy the final
authorization requirements of the pre-HSWA program. However, HSWA initiated
fundamental changes to the relationship between EPA and State programs. All
States with final authorization should review their MOA with'the EPA Regional
Office to make sure that the Agreement is consistent with HSWA.
The following Model is written as a guide to meeting the requirements of
§271.8 and HSWA. The Model is a complete MOA and superceeds the Model in
Chapter 2.4. It can-be used to completely replace an existing final authorization
MOA. Several areas where the Region and the State may need or want to expand
the basic framework of the Model have been noted' in brackets,- Each Region
undoubtedly will have additional terms it will want to include in some or all
of its MOA's.
Many current final authorization MOA's contain State-specific provisions
that have been negotiated over several years. In such cases the State and
Region may prefer to amend the existing agreement instead of replacing it.
The underlined text in the Model indicates the HSWA changes to the earlier
Model in Chapter 2.4. Therefore, a State could simply address these HSWA aspects
of the MOA by adding or replacing portions of its existing MOA in an addendum.
For.illustrative purposes, the contents of the Model are outlined below.
I. General
II. Policy Statement
III. State program Review
A. General
B. Identification of Priority Activities
IV. Information Sharing
A. General
B. EPA
C. State
D. Site Visits
E. Emergency Situations
F. Confidentiality
3.4-1
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V. Permit Issuance
A. EPA Permitting
B. EPA Overview of State Permits
C.- State Permitting
D. Joint Permitting Process
VI. Permit Administration
A. EPA
B. State
VII. Compliance Monitoring and Enforcement
A. EPA
B. State
3.4-2
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MEMORANDUM OF AGREEMENT BETWEEN
THE STATE OF [ ]
AND
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION [ ]
I. GENERAL
This Memorandum of Agreement (hereinafter "Agreement") establishes policies,
responsibilities, and procedures pursuant to 40 CFR 271.8 for the State of
[ ] Hazardous Waste Program (hereinafter "State Program") authorized
under Section 3006 of the Resource Conservation and Recovery Act (hereinafter
"RCRA" or "the Act") of 1976 (42 USC 6901 et seg.) as amended (Public Laws
94-580, 96-482, 98-616), and the United State Environmental Protection Agency
(hereinafter EPA) Regional Office for Region [ ]. This Agreement further sets
forth the manner in which the State and EPA will coordinate in the State's
administration and enforcement of the State program and, pending State authori-
zation, EPA's administration of the provisions of the Hazardous and Solid Waste
Amendments of 1984 (HSWA).
(For purposes of this agreement, references to "RCRA" include the Hazardous and
Solid Waste Amendments of 1984 (HSWA) (P.L. 98-616).) '
This Agreement is entered into by the Director [or other title as appropriate]
of [State Agency] (hereinafter "Director" or "the State") and the Regional
Administrator, EPA Region [ ] (hereinafter "Regional Administrator" or "EPA").
' [Where State program responsibility is shared among two or more agencies, each
of the agencies is to be identified here as a party to the Agreement, the
Director of each is to sign the Agreement, and the Agreement must identify
which of the agencies is responsible for each Provision of the Agreement.]
For administrative purposes, the [State Agency] will serve as lead agency to
simplify coordination and communication between the State and EPA. [This
provision need not be included in the MOA where there is only one responsible
State Agency.] " .
.Nothing in this Agreement shall be construed to restrict in any way EPA's
authority to fulfill its program, oversight, and enforcement responsibilities
under RCRA. Nothing in this Agreement shall be construed to contravene any
provision of 40 CFR Part 271.
The parties will review the Agreement jointly at least once a year (and other
times as appropriate) during 'preparation of the annual State Grant Work Program
.(hereinafter "State Work Program"), in connection with grant funding under
seciton 3011 of RCRA.
This Agreement may be modified upon the initiative of either party in order to
ensure consistency with State program modifications made or. for any other
3.4-3
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purpose mutually agreed upon. Any revisions or modifications to this Agreement
must be in writing and must be signed by the State and Regional Administrator.
This Agreement will remain in effect until such time as State program authorizaiton
is withdrawn by or is voluntarily transferred to EPA according to the criteria •
and procedures established in 40 CFR 271.22 and 40 CFR 271.23.
[For States receiving authorization for HSWA provisions; This Agreement is
being executed because the State is receiving authorization for [all the/
certain] provisions of the Hazardous and Solid Waste Amendments of 1984
(HSft&) (Pub.L. 98-616). This Agreement [supplants/ammends] the Agreement
.which was effective on [insert date of final authorization] and any subsequent
amendments or revisions.]
This Agreement shall be executed by the State and the Regional Administrator
-and shall become effective at the time the State's authorization takes effect,
which shall be the date set out in the Federal Register Notice of the Regional
Administrator's decision to grant authorization to the State.
II. POLICY STATEMENT '
Each of the parties to this Agreement is responsible for ensuring that its
obligations under RCRA are met. Upon granting of final authorization by
EPA, the State assumes primary responsibility for implementing the autho-
rized provisions of the RCRA hazardous waste program within its boundaries.
EPA retains its "responsibility to ensure full and faithful execution of the
requirements of RCRA, including direct implementation of 'HSWA in the event
the State is not authorized to act. The State and the Regional Administrator
agree to maintain- a high level of cooperation • and coordination between
'their respective staffs in a partnership to assure successful and effective
administration of the State program.
Section 3006 (g) of the HSft& provides that hazardous waste requirements, and
prohibitions promulgated pursuant to the HSWA are applicable in authorized
States at -the same time that they are applicable in unauthorized States.
While EPA retains responsibility for the direct implementation of .those
provisions of the HSWA which the State is not authorized to implement, it is
the intention of EPA and the State to coordinate the implementation of such
provisions to the greatest degree possible.
EPA will oversee implementation of the authorized State program in order to
ensure full execution of the requirements of RCRA, to promote national consistency
in implementation of the hazardous waste program, to allow EPA to report to :
the President and Congress on the achievements of the hazardous waste program,
and to encourage States and the EPA to agree on desirable technical support
and targets for joint efforts to prevent and mitigate environmental problems
associated with the improper management of hazardous wastes. Oversight will
be accomplished by EPA through written reporting requirements, permit
overview, compliance and enforcement overview, and annual review of .the State's
programs.
3.4-4
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III.. STATE PROGRAM REVIEW . •
A. General
The Regional Administrator will assess the State administration and
enforcement of the hazardous waste program on a continuing basis for
equivalence and consistency with RCRA, with this Agreement, and with all
applicable Federal requirements and policies and for adequacy of enforcement.
This assessment will be accomplished by EPA review of information submitted
by the State in accordance with this Agreement and the State Vvbrk Program,
permit overview, compliance and enforcement overview, and annual review of
State.program activities.
The Regional Administrator may also consider, as part of this regular
assessment, written comments about the State's program administration and
enforcement that are received from regulated persons, the public, and
Federal, State and local agencies. Copies of any such comments received
by the Regional Administrator will be provided to the State.
To ensure effective program review, the State agrees to allow EPA access to
all files and other information requested by the Regional Administrator or
his/her designee and deemed necessary by EPA for reviewing State program
• administration and enforcement.
Review of [State Agency] files may be scheduled at quarterly intervals. . .
Program review meetings between the State and the Regional Administrator
or their assignees will be scheduled at reasonable intervals not less than
annually review specific operating procedures and schedules, to resolve
problems to and to discuss mutual program concerns.
These meetings will be scheduled at least fifteen days in advance unless
agreed to differently. A tentative agenda for the meeting will be prepared
by EPA. .
B. Identification of Priority Activities
[This section is significantly changed from Section III.B of the model MOA
in Chapter 2.4. The State and Region may want to review the differences
in these sections to see if this new language is preferable.]
The State and EPA agree to develop, on an annual basis as a part of the
development of the grant work program, criteria for priority activities,
including activities regarding handlers of hazardous waste. These criteria
will be based on guidance issued by EPA in the annual RCRA Implementation • •
Plan and other guidance documents as may be appropriate, and. will serve to
. identify those activities which should receive the highest priority during
the grant period.
Examples of activities which will be considered high priority will include,
but not be limited to, facilities to be inspected, facilities to be per-
mitted', enforcement against facilities with known or suspected ground-
water contamination, and other situations to be addressed.
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IV. . INFORMATION SHARING
A. General
As the national hazardous waste program matures, the respective roles and
responsibilities in this State/Federal parternship will become more clear.
As the respective information needs of the State and EPA evolve, changes
to this section of the Agreement may be appropriate. During the annual
review of this Agreement the State and the Regional Administrator will
carefully examine the following information sharing provisions for needed
revision,~
B. EPA
1. EPA will keep the State informed of the content and meaning of Federal
statutes, regulations, guidelines, standards, policy decisions, directives,
and any other factors that affect the State Program. EPA will also provide
general technical guidance to the State. EPA will share with the State
any national reports developed by EPA from the data submitted through State
reporting requirements.
[Section #2 below is significantly changed from Sections IV.B.4 and 5 of the
Model MOA in Chater 2.4. The State and Region may want to review the differences
to see if the new language is preferable,]
2. The State and EPA have agreed to a joint permitting process (see Section
V.D. of this Agreement). Under this process the State and EPA have
established policies and procedures by which each will pursue their
respective and/or joint responsibilities under the HSWA.
The State and EPA agree to the sharing of information as specified under "V.D.
Joint Permitting Process" and the annual grant work program. Specifically
included shall be the procedures for sharing and coordinating .the interchange
of information on the following:
a. Part A and Part B Permit Applications, whether received prior to the
effective date of this Agreement or subsequent to the effective date
" of this Agreement and whether first received by the State or EPA;
b. Such other information necessary to support the foregoing information; .
c. Copies of draft permits, proposed permit modifications, public notices;
d. Copies of final permits and permit modifications; and
e. Notices of permit denials.
3. EPA agrees to make available to the State copies of. any reports and data
resulting fron compliance inspections within sixty days of completion of
the inspections. .
3.4-6
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4. [The Region may wish to insert optional delisting agreement.]
5. EPA agrees.to provide the State notification information from EPA Form
8700-12 obtained prior to the effective date of this Agreement if such
information has not already been provided to the State. The Director
and EPA shall agree on the format in which the information will be
provided and the information will be provided within thirty days of
the effective date of this Agreement. EPA will also forward, on a
monthly basis, notification information (including newly assigned EPA
identification numbers) submitted by persons in the State who file
such forms after the effective date of this Agreement. This information
will be. submitted to the Director within 10 days of the end of each
month for the proceeding month.
6. EPA agrees to assign EPA identification numbers to generators and
transporters and to owners and .operators of hazardous waste treatment,
storage and disposal facilities submitting notifications after the
effective date of this Agreement. [Suggested language for States that
receive Notifications; Pursuant to Section 3010 and according to agree-
ments between EPA and the State, the State is responsible for receiving,
processing,, and verfying information on notification forms (Form 8700-12).
and for forwarding such information to EPA for the assignment of EPA
Identification Numbers.]
7. EPA will make available to the State other relevant information as
requested which the State needs to implement its approved program.
Information provided to the State will be subject to the terms of 40
CFR Part 2.
[Optional: The State may.wish to specify to whom information is to be sent.]
C. State
1. The State agrees to inform the Regional Administrator in advance of
any proposed program changes which would affect the State's ability to
implement the authorized program. Program changes of concern include
modification of the State's legal authorities (i.e. statutes', regulations
and judicial or legislative actions affecting those authorities),
modifications of Memoranda of Agreement or understanding with other
agencies, and modifications of resource levels (i.e., available or
budgeted personnel and funds). The State recognizes that program
revisions must be made in accordance with the provisions of 40 CFR
Part 271.21, and that until approved by EPA, revisions are not authorized
as RCRA Subtitle C requirements.
2. Annually, through development of the State grant work program, EPA and
the State will agree on the type and frequency of reports State will
make in order for EPA to maintain oversight of the implementation of
the State's authorized program. Such reporting shall include, but not
be limited to, the following: [Details regarding the type and frequency
of reports may be inserted here.]
3.4-7
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a. Compliance monitoring and enforcement information;
b. Information indicating the status of the State's permitting, closure,
post-closure, and ground-water monitoring activities;
c. [If applicable] State decisions to grant variances, waivers, and
delisting requests made by hazardous waste handlers; and
d. Various reports designed to accurately describe the status of the
State's authorized program including biennial reports summarizing
the quantities and types of hazardous waste generated, transported,
treated, stored and disposed in the State.
3. The State agrees to provide EPA with a copy of each State decision [if
applicable] regarding variances, waivers, and delisting petitions at the
time such requests are granted. [The Regional Administrator and State
may negotiate a process for EPA's review of proposed variances, waivers,
or delisting petitions. Terms of this agreement should be specified in
the MOA.] [The Region may also want to insert language setting out a •
process by which the State would submit variance, waiver or delisting
requests to EPA for review prior to approval.] .
4. " The State agrees to provide EPA a copy of any decisions regarding
requests made by hazardous waste handlers to change their classification
(e.g., requests to be deleted as generators but to retain their facility
status) and facility requests to make on-site changes prior to permit
issuance (e.g., requests to handle additional-wastes not identified on
the facility's original notification and RCRA Part A Permit Application.)
5. The State agrees to provide EPA with copies of reports on data resulting
from any compliance inspection and subsequent enforcement actions, when
EPA requests such copies.
6. The State agrees to provide any pertinent information requested by the
Regional Administrator or his designeee within a mutually agreed upon
time frame, as necessary for EPA to carry out its overview responsibil-
ities. Unless otherwise agreed upon, the above information shall be
sent to [insert name and address].
D. Site Visits '.
EPA is responsible for maintaining reliable national, data on hazardous
waste management. This data is used to report to the President and
Congress on the achievements of the hazardous waste program and to
support EPA's regulatory development efforts. Whenever EPA determines
that it needs to obtain certain information, EPA will first seek to gain
this information from the State. The State agrees to supply the Regional
Administrator with this information if readily available and as resources
allow. If the State is unable to provide the information or if it is
necessary to supplement the State information, EPA may conduct a special
survey or perform information collection site visits after notifying the
State. EPA will'share with the State any national reports developed by
EPA as a result of such information collection.
3.4-8
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E. Emergency Situations
Upon receipt of any information that the handling, storage, treatment,
transportation, or disposal of hazardous waste is endangering human health
or the environment, the party in receipt of such information shall immediately
notify by telephone the other party(ies) to this Agreement of the existence
of such situation. [Include details here for information sharing, names
and titles of individuals, telephone numbers, etc.]
F. Confidentiality
1. Any information obtained or used in the administration of the State
program shall be available to EPA upon request without restriction.
If the information has been submitted to the State under a claim of
confidentiality, the State must submit that claim to EPA when providing .
information. Any information obtained from a State and subject to a
claim of confidentiality will be treated in accordance with the
regulations in 40 CFR Part 2.
*
2. EPA agrees to furnish to the State information in its files which is
not submitted under a claim of confidentiality and which the State
needs to implement its program. Subject to the conditions in 40 CFR
Part 2, EPA will furnish the State information submitted to EPA under
a-claim of confidentiality which the State needs to implement its
program. All information EPA agrees to transfer to the State will be
transferred in accordance with the requirements of 40 CFR Part 2. EPA
will notify affected facilities when such information is_sent to the
State.
V. - PERMIT ISSUANCE
A. EPA Permitting
Upon authorization of the State program EPA will suspend issuance of
Federal permits for hazardous waste treatment, storage, and disposal.
facilities for which the State is receiving Authorization. [Each Region •
should try to make special arrangements with the State for the State to
assume responsibility for issuing particular permits EPA has been working
on. The State will need specific authority to assume responsibility in the
midst of the process, unless the proceedings have been joint, with both
the same Federal and State administrative procedures followed up to the
time the State assumes full responsibility.]
The State and EPA have agreed to'a joint permitting process (see section
V.D. of this Agreement) for the joint processing and enforcement of permits
for those provisions of the HSWA for which the State does not have Authori-
zation. As the State receives Authorization for additional provisions of
the HSWA, EPA will suspend issuance of Federal permits in the State for
those provisions.
B. EPA Overview of State Permits
While EPA may comment on any permit application or draft permit, EPA's
overview function will focus primarily on those facilities identified by
3.4-9
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the State and EPA in the State's Permit Strategy, Annual State Ktark Program .
and the State's Program Description.
EPA may comment in writing on any draft permit or proposed permit
modification, whether or not EPA commented on the permit application,
within forty-five days of its receipt. [EPA should be allowed at least
as long to comment as the public at large; this time period should be tied
to each State's public participation process.] Where EPA indicates in a
comment that issuance, modification, reissuance, termination or denial of
the permit would be inconsistent with the approved State program, EPA
shall include in the comment:
(a) a statement of the reasons for the comment (including the section of
the State law or regulations that support the comment), and
(b) the -actions that should be taken by the State in order to address the
comments (including the conditions which the permit would include if
it were issued by EPA.)
EPA shall send a copy, of its written comments to the permit applicant.
EPA shall withdraw such comments when satisfied that the State has met or
refuted its concerns and shall also provide the permit applicant with a
copy of such withdrawal.
[Insert here any agreement the Region makes with the State regarding
resolution of EPA comments on draft permits before final permit issuance
by the State, e.g., the State and the RA agree to meet or confer whenever
necessary to resolve a disagreement between their.,.sta££s_.on__the_.j:e.rjnris..of „_..,_..
any RCRA permit to be issued by the State. The Region may want to add a
specific time limit within which the State and RA will meet.]
Under Section 3008(a)(3). of RCRA, EPA may terminate a State-issued permit
in accordance with the" procedures of Part 124, Subpart E, or bring an
enforcement action in accordance with the procedures of 40 CFR Part 22 in
the case of a violation of a State program requirement. In exercising
these authorities, EPA will observe the conditions established in 40 CFR
271.19(e).
C. State Permitting , .
The State is responsible for expeditiously drafting, circulating for public
review and comment, issuing, modifying, reissuing and terminating RCRA
permits for those hazardous waste treatment, storage and disposal facilities
contained in the authorized provisions of the State's program and shall do
so in amanner consistent with RCRA as amended by the HSWA, with this Agree-
ment, with all applicable Federal requirements, and with the State's Program
Description. [Insert here any agreement the State makes regarding (1) its
assumption of permit issuance in ongoing EPA permit proceedings and (2)
its enforcement, adoption or reissuance of EPA-issued RCRA permits or
portions of permits. Note that the State must have specific authority to
either assume administration and enforcement of EPA-issued permits or
3.4-10
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portions of permits or to adopt them as State permits; otherwise, the
State must reissue the permits as State RCRA permits.] The State agrees to
issue, modify and reissue all permits contained in the authorized portions
of the State's program in accordance with [insert citation to relevant
State procedural environmental statutes and regulations and administrative
procedures act and .regulations] and to include as permit conditions all
applicable provisions of [insert citation to relevant State environmental
regulations]. This agreement also applies to permits issued after final
authorization but for which the processing may have begun before final
authorization.
' [Insert here any agreement the State makes that is necessary to carry out
the permitting procedures analogous to those at 40 CFR Parts 270 and 124.
.See page 1.3-8 for discussion.]
[Insert here any agreement the State makes regarding its use of any variance
or waiver authority. See page 1.3-9 for discussion.]
The State agrees that any compliance schedules contained in permits it issues
will require compliance with applicable, standards as scon as possible. [Insert
here any agreement the State makes regarding interim dates, reporting for such
permittees, etc.] .
The State agrees to consider all comments EPA makes on permit applications
and draft permits. The State will satisfy or refute EPA's concerns on a
particular permit application, proposed permit modification, or draft permit
in writing before issuing the permit or making the modification.
D. Joint Permitting Process
•
Pursuant to 3006 (g)(l), and in accordance with the Hazardous and Solid
Waste Amendments of 1984 (HSWA), EPA has the authority to issue or deny
permits or those portions of permits to facilities in [Name of State] for
the requirements and prohibitions in or stemming from the the HSWA until
the State's program is amended to reflect those requirements and
prohibitions and authorization is received for the portion or portions of
the program.
EPA and [Name of State] hereby establish this joint permitting process for
the issuance of RCRA permits in [Name of State]. This joint permitting
process is established in accordance with Section 3006(c)(3) of RCRA. The
details of the joint permitting process shall be incorporated into the
State Work Program. The duties and responsibilities of EPA and the State
for joint permitting shall also be specified in the State Work Program.
The details of the joint permitting process as contained in the State Vtork
Program shall be reviewed and revised as often as necessary, but no less
often than annually to assure its continued appropriateness.
Upon authorization of the State for any of the provisions of the HSWA,
the specifics of the Joint Permitting Agreement as set out in the State
frfork Program shall be amended to reflect the authorization. Amendment of
3.4-11
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this Memorandum of Agreement or the execution of a separate Memorandum of
Agreement may be required for authorization of any of the provisions of the
. HSWA. .
VI. PERMIT ADMINISTRATION . .
A. EPA
[If the State has authority to directly administer permits issued by the
Federal government, this section may be inapplicable and the Region should
insert provisions for transferring responsibility for all Federal permits
to the State.]
EPA will administer the RCRA permits or portions of permits it has issued
to facilities in the State until they expire or are terminated. EPA will
be responsible for enforcing the terms and conditions of the Federal permits
while they remain in force. When the State either incorporates the terms
and conditions of the Federal permits in State RCRA permits or issues State
RCRA permits to those facilities, EPA will terminate those permits pursuant
to 40 CFR Part 270 and rely on the State to enforce those terms and conditions
subject to the terms of an acceptable State/EPA Enforcement Agreement.
[Insert agreement regarding State enforcement of the terms of EPA-issued
permits or reference to the Joint Permitting Agreement, as appropriate.]
B. State
The State agrees to review all hazardous waste permits which were issued .
.under State law prior to the effective date of this Agreement and to modify
"or revoke and reissue such permits as necessary to require compliance with ~
the amended State Program [insert citation to relevant ^tate environmental
statutes and regulations and administrative procedures act and regulations
equivalent to the 40 CFR 264 requirements] and [insert citation to relevant
State environmental regulations]. The State agrees to modify or revoke and
reissue these State permits as RCRA permits in accordance with the following
schedule. [EPA intends that the schedule in the MOA provide a reasonable
time period for the-review and upgrading of existing State permits, based
on such factors as the number of State permits and the additional permit
terms and conditions needed to satisfy the requirements of Part 271.]
VII. COMPLIANCE MONITORING AND ENFORCEMENT
A. EPA
Nothing in this Agreement shall restrict EPA's right to inspect any
hazardous waste generator, transporter or facility or bring enforcement
action against any person believed to be in violation of the State or
Federal hazardous waste program or believed to have a release of hazardous
constituent. Before conducting an inspection of a generator, transporter
or facility, the Regional Administrator will normally give the State at
least seven days notice of the intent to inspect in accordance with 40 CFR
271.8(b)(3)(i). [The Regional Administrator and State may agree on a
longer period of time in order to allow the State opportunity to conduct
the inspection.] If the State performs a compliance inspection and submits
a report and data relevant thereto within that time to EPA, no EPA inspection
3.4-12
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will be made, unless the Regional Administrator deems the State report and
data to be inadequate. In case of an imminent hazard to human health and
the environment, the Regional Administrator may shorten or waive the notice
period.
The frequency of EPA oversight and training inspections will be specified
in the annual State Work Program. EPA will negotiate on an annual basis
with the State the percentage of the State's compliance inspections on
which EPA will accompany the State.
The EPA may take enforcement action against any person determined to be
in violation of RCRA in accordance with Section 3008(a)(2). EPA will take
enforcement action upon determining that the State has not taken timely
and appropriate enforcement action or upon request by the State. Prior to
issuing a compliance order under Section 3008(a) EPA will give notice to
the State. EPA also retains its rights to issue orders and bring actions
under Sections 3008(h), 3013 and 7003 of RCRA and any other applicable
Federal statute.
After notice to the State, EPA may take action under Section 3008 of RCRA -
against a holder of a State-issued permit on the grounds that the permittee
is not complying with a condition of that permit. In addition, EPA may
•take action under Section 3008 of RCRA against a holder of a State-issued
permit on the grounds that the permittee is not complying with a condition
that the Regional Administrator, in commenting on that permit application
or draft permit, stated was necessary to implement approved State program
requirements, whether or not that condition was included in the final permit.
B. State
The State agrees to carry out a timely and effective program for monitoring
the compliance by generators, transporters, and facilities with applicable
program requirements (see 40 CFR 271.15). As part of this program, the
State will conduct compliance inspections to assess compliance with
generator and transporter standards (including manifest requirements),
facility standards, permit requirements, compliance schedules, and
all other program requirements. Compliance monitoring activities and
priorities will be specified in the State/EPA Enforcement Agreement and
the annual State Work Program and shall be consistent with all applicable
Federal requirements and with the State's Program Description.
[Insert any agreement the Region makes with the State regarding inspec-
tions at EPA-permitted facilities. Individuals in the State program may
be designated as EPA representatives under Section 3007 of RCRA so that
they can inspect the facilities for violations of the terms and conditions
of the Federal permits.] •
[Insert any agreement for EPA and/or State inspections of Federal Facilities.]
The State agrees to take timely and appropriate enforcement action
as defined in the- State/EPA Enforcement Agreement against all persons
in violation of generator and transporter standards (including manifest
requirements), facility standards, permit requirements, compliance
schedules, and all other program requirements, including violations
3.4-13
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detected by State or Federal compliance inspections. The State will
maintain procedures for .receiving and ensuring proper consideration of
information about violations submitted by the public. The State agrees to
retain all records for at least" three years unless there is an enforcement
action.pending. In that case all records will be retained until such
action is resolved.
STATE OF U.S. ENVIRONMENTAL PROTECTION AGENCY
AGENCY . REGION
BY: BY:
DATE: DATE:
3.4-14
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'"'"""'- •". --'""• •••"•*•-"*'• ••- OSWER Policy Directive
No. 9540.00-1C
«
CHAPTER 3.5 MAR & 1985
STATUTORY AUTHORITY CHECKLIST FOR THE
HAZARDOUS AND SOLID WASTE ACT AMENDMENTS OF 1984
Introduction
As a result of the Hazardous and Solid Waste Amendments
of 1984, Pub. L. 98-618 (Nov. 8, 1984) [HSWA] amending the
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et. seq.,
all authorized states and all states seeking authorization will
need to'revise their programs to reflect the HSWA. The checklist
which follows is provided to guide attorneys and others in
assessing which changes to the Subtitle C RCRA program may
necessitate new state legislation.
States will be able to adopt analogues to many HSWA
provisions and subsequent EPA implementing regulations simply by
making regulatory changes. For instance, while the HSWA requires
EPA to list specified wastes, any state with interim or final
authorization should already have the statutory authority to list
additional wastes. Similarly, any finally authorized state
should already have adequate statutory authority to require
double liners for landfills since, to receive final authorization,
a state must be able to establish permit requirements for landfills.
Thus, we have not included such HSWA provisions in the statutory
checklist. ~ ~ ' ••
• .
Other provisions are very likely to require state statutory
amendments, such as the HSWA requirement that corrective action
for all releases at a facility must be included as a requirement
in a RCRA permit, regardless of when the waste was placed in the
solid waste management unit. All such provisions are included in
the checklist. However, inclusion of a provision on this checklist
does not mean that EPA has concluded that all states, or any
particular state, will need to amend their statutes. States
should carefully .review all their existing statutory and regulatory
authority before deciding whether statutory or regulatory changes
are necessary as a result of the HSWA.
There are some HSWA provisions which we doubt will
require legislative amendments but which we have included in
the checklist out.of an abundance of caution. The main example
of this is the prohibition on the land disposal of various
hazardous wastes. While we believe any state with authority to
regulate land disposal would probably have the authority to
prohibit land disposal of particular wastes, we have included
provisions like these on the checklist as possibly requiring
legislative amendments. Another example is the requirement
that a state have authority to prohibit the storage of waste
prohibited from land disposal.
Other provisions are marked "optional." These are cases
where the HSWA is less stringent than pre-existing law or
where variances and exemptions may be granted. If a state
wishes to maintain a more stringent program, as is authorized
by Section 3009, it need not adopt the optional provisions.
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- 2 -
A few provisions are marked "potential requirement."
Depending on future EPA action, a state may or may not need
to adopt similar authority in the future. States are not
required to seek authority for these provisions now; however,
if a state wishes to minimize the likelihood that it will
need to return to the legislature in future years, it may
wish to consider seeking authority for the potential require-
ments now. The major provisions i"n this area concern EPA's
enhanced enforcement authority under Section 3008. We have
not listed each change to Section 3008; states wishing to
strengthen their enforcement authority in a similar fashion
should review Sections 232 and 233 of the HSWA amending
Section 3008. Before states would be required to amend
their enforcement authority., EPA would need to amend the
state authorization enforcement requirements in 40 CFR §271.16.
Unless otherwise indicated, states must have authority
to implement every mandatory requirement on the checklist..
To receive final authorization for the requirement, the
state's authority must be equivalent to, 'and no less stringent
than, EPA's authority. To receive interim authorization under
Section 3006(g) of the HSWA, a state must have substantially
equivalent authority. Because interim authorization under
Section 3006(g) is only temporary, we strongly encourage any
state needing to amend its statute to seek "equivalent," and
not "substantially equivalent" authority. By doing so, the
state will not need to amend its"statute twice.
• .
Not all the mandatory requirements on the checklist must
be adopted immediately. 40 CFR §271.21(e) establishes the
time frame for making statutory and regulatory changes; the
deadlines vary depending on the provision. Since the purpose
of this checklist is to identify all possible statutory
changes so that states may develop one legislative package
to present to their legislatures, the checklist does not
differentiate among the different time deadlines.
We strongly recommend that persons using this checklist
familiarize themselves with the pertinent RCRA provisions.
The checklist is an important evaluation tool but it is not
a substitute for the statute. Further, we add the cautionary
note that^, because of the number of regulations EPA will be
adopting in the coming years, we cannot provide any guarantee
that a state which has relied on this checklist may not need
to obtain new statutory authority at some time. We have
tried to minimize that possibility in preparing this checklist
but we cannot rule it out. Additionally, this checklist does
not address non-Subtitle C requirements (such as Title Vl
requirements on underground storage tanks).
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Hazardous and Solid Waste Amendments of 1984
Enacted: November 8, 19;84
Public Law 98-616
Prepared By:
Date:
Reviewed By:
Date:
Statutory Element
RCRA [HSWA]
Cite "
Coverage
Y/N
State
Cite
Comment
RCRA §3001
1. Authority to regulate the generation,
transportation, treatment, stor-
age and disposal of hazardous waste
produced by generators of between
100-1000 kg/month.
*2. Authority to regulate the generation,
transportation, treatment, storage and
disposal of hazardous waste produced
by generators of less than 100 kg/month.
Optional: Authority to allow
generators of between 100-1000
kg/mo to store hazardous waste
on-site for up to 180 days
without a permit or interim
status. On-site storage of no
more than 6,000 kgs may occur
for up to 270 days without a
permit or interim status if
the generator must ship or
haul the waste over 200 miles.
\
§3001(4
[Sec. 221]
§3001(d)
[Sec. 221]
§3001(d)
[Sec. 221]
* Potential requirement
-1-
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Statutory Element
Citf
Y/N
Cite
Comment
4. Required if a State has a delisting
mechanism: in any delisting
action, authority to consider
factors (including addi-
tional constituents) other
than those for which the
waste was listed, if the State
has a reasonable basis to believe
that such additional factors
could cause the waste to be
a hazardous waste.
5. Required if State has delisting
authority: State may not allow new
temporary delistings without prior
notice and comment, absent good cause.
Prior temporary delistings lapse if
not made final by November 8, 1986.
RCRA §3002
6. Authority to require generators
to submit reports and manifest
certifications regarding efforts
taken to minimize the amounts
and toxicity^of waste generated.
RCRA §3004
7. Authority to promulgate rules
requiring evidence of financial
responsibility for corrective
action on and off-site.
§3001ff)(1)
[Sec.1222]
§3001(f)(2)
[Sec. 222]
§3002
[Sec. 224]
§3004(a)(6)
[Sec. 208]
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RCRA [HSWA] Coverage State
Statutory Element Cite Y/N Cite Comment
8. Authority to prohibit the land §3004(b)-(g)
disposal of any hazardous waste. [Sec. 201]
Land disposal includes, but is
not limited to, landfills, sur-
face impoundments, waste piles,
. deep injection wells, land treat-
ment facilities, salt dome and bed
formations and underground mines j
or caves. Deep injection well .
means a well used for the
underground injection of hazardous
wastes other than a well to which .
§7010(a) of RCRA applies.
We believe that States already have this authority through their authority to
regulate the treatment, storage and disposal of hazardous waste. However, if a
State believes it needs new authority to ban a waste from land disposal, we strongly
recommend that the State seek the broad statutory authority described above. Ihis
recommendation is based primarily on §3004(g) of RCRA; Section 3004(g) requires EPA
to decide whether to prohibit one or more methods of land disposal for every listed or
identified hazardous waste by 1990. Thus, unless a State has statutory authority
to ban the land disposal of any such hazardous waste, it may need to amend its statute
repeatedly as EPA decides the status of each wa'ste.
If a State decides not to seek or cannot obtain such broad authority, the following list
breaks down the various HSWA provisions relating to land disposal bans that States will
need to adopt in the coming months and years:
*A. Authority to prohibit the disposal of §3004(b)
any hazardous waste in salt dome and [Sec. 201]
bed formations, underground mines, or
caves until a §3005(c) permit is issued.
In addition, authority to prohibit
disposal of any bulk liquid hazardous
waste in salt dome and bed formations,
underground mines, or caves until
* Authority over bulk liquid hazardous waste may be under a hazardous waste or underground
injection control program as long as all RCRA requirements are met.
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Statutory Element .
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
(1) it is determined, after notice
and opportunity for hearings on the
record in the affected area, that
such placement is protective of
health and the environment and •
(2) performance and permitting
standards for such facilities are
adopted.
B. Authority to prohibit landfilling
of bulk or non-containerized liquid
hazardous waste.
C. Authority to promulgate regula-
tions that minimize the land-
filling of containerized liquid
hazardous waste and free liquids
in containerized hazardous wastes,
and prohibit the landfilling of
liquids absorbed in materials that
biodegrade or release liquids
when compressed.
*E. Authority to prohibit the land disposal,
including underground injection into
deep injection wells, of the following
wastes (including the authority to set
more stringent concentration levels
for categories A-E):
(A) Liquid hazardous wastes, including
free liquids associated with any solid
or sludge, containing free cyanides at
concentrations greater than or equal
to 1000 mg/1.
(B) Liquid hazardous wastes, including
free liquids associated with any solid
or sludge, containing the following metals
§3004(c)
[Sec. 201]
§3004(c)
[Sec. 201]
§3004(d),(e),(f)
[Sec. 201]
Authority regarding deep injection wells may be under the State's hazardous
waste authority or its underground injection control authority as long as
all RCRA requirements are met.•
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Statutory Element
\
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
(or elements) at concentrations greater
than or equal to those specified below:
(i) arsenic and/or compounds
(as As) 500 mg/1 .
(ii) cadmium and/or compounds
(as Cd) 100 mg/1
(iii) chromium VI and/or
compounds
(as Cr VI) 500 mg/1
(iv) lead and/or compounds
(as Pb) 500 mg/1
(v) mercury and/or compounds
(as Hg) 20 mg/1
(vi) nickel and/or compounds
(as Ni) 134 mg/1
(vii) selenium and/or compounds
(as Se) 100 mg/1
(viii) thallium and/or compounds
(as Th) 130 mg/1
(C) Liquid hazardous waste having
a pH less than or equal to
two (2.0)
(D) Liquid hazardous wastes
containing polychlorinated
biphenyls at concentrations
greater than or equal to 50 ppm
(E) Hazardous wastes containing
halogenated organic compounds in
total concentration greater than
or equal to 1000 mg/kg
(F) solvents
(G) dioxins
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Statutory Element
*F.
Authority to prohibit the land
disposal of any hazardous waste
which is prohibited from land
disposal under §3004(g) of RCRA.
RCRA [HSWA] Coverage State
Cite Y/N Cite Comment
§3004(g)'
[Sec. 2011
9. Optional: Authority to waive,
until November 8,. 1987, -a
prohibition on land disposal of
certain hazardous wastes (i.e.,
those designated in #10E above)
that might otherwise apply to
the disposal of contaminated soil
or debris from CERCLA §104 or
§106 actions or RCRA corrective
actions.
**10. Authority to prohibit disposal
of nonhazardous liquids in Sub-
' title C landfills unless (1)
the only reasonable alternative is
disposal in a landfill or unlined
impoundment, whether or not subject
to Subtitle C, that contains or may
contain hazardous waste and (2)
disposal will not endanger an
underground source of drinking
water.
§3004
[Sec. 201]
§3004(c)(3)
[Sec. 201]
*Because of legal problems with incorporating future EPA regulations by reference,
States pursuing this option should seek only the' authority to ban wastes prohibited
by EPA rather than seeking to incorporate by reference any EPA land disposal
prohibition. As discussed above, we advise states to seek authority to ban the
land disposal of any hazardous waste. However, some states may wish to seek
authority to ban land disposal of only those hazardous wastes for which EPA has '
prohibited land disposal. !
**States should particularly note this requirement. Since many State statutes pertain only
to hazardous waste, States are likely to neec! new authority to regulate the disposal of
nonhazardous waste at .Subtitle C facilities.
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Statutory Element
RCRA [HSWA]
Glte
Coverage
Y/N
State
Cite
Comment
11. Authority to prohibit the storage
of hazardous wastes prohibited from
• land disposal.
12. Authority to prohibit the use of
waste oil or other materials
contaminated with hazardous wastes
(except ignitable wastes) as a dust
suppressant.
13. Authority to promulgate standards
specifying levels or methods of
treatment, if any, which sub-
stantially diminish the toxicity
• of the waste or substantially
reduce the likelihood of its
migration so as to minimize threats
to human health and the environment.
Optional for #13: Authority to
exempt wastes in compliance with
such levels or methods from the
land disposal prohibitions.
14. Authority to promulgate rules for
monitoring and controlling air
emissions at treatment, storage,
and disposal facilities.
15. Authority to regulate fuel containing
hazardous waste and all persons who
produce, burn, distribute, and market
fuel containing hazardous wastes.
Comment: States should not need new
authority over fuel containing hazardous
waste but may need additional authority
over some of the persons, or activities
described above.
§3004(j)
[Sec. 2011
§3004(1)
fSec. 201]
§3004(m)
[Sec. 201]
§3004(n)
[Sec. 201]
§3004(q-s)
[Sec. 204]
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Statutory Element
RCRA [HSlk]
Cite
Coverage
Y/N
State
Cite
Comment
16. Optional: Authority to exempt
petroleum coke containing
hazardous waste from petroleum
refining from regulation if it
is is to be burned for energy
recovery unless the coke
exhibits a characteristic of
hazardous waste.
17. Authority to allow direct action
• against the insurer or corporate
guarantor if an owner/operator
is in bankruptcy or reorganization.
Optional:
(A) Authority to allow an
insurer to claim all rights
and defenses available to the
owner/operator.
(B) Authority to limit insurer
liability to the liability
amount provided as evidence
of financial responsibility
and by contractual agree-
ment unless the owner/
operator acted in bad faith.
*18. Authority to assure that permits
issued after 11/8/84 require
corrective action for releases of
hazardous waste or constituents
§3004(q)(2)(A)
{Sec. 204]
§3004(t)
[Sec. 2051
§3004(u)
[Sec. 206]
* Note: States must have authority to require corrective action for all solid
waste management units, even though the only unit receiving a permit
is a deep injection well. (This authority may be under a hazardous
waste or underground injection control program as long as all RCRA
requirements are met.)
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Statutory Element
RCRA IHSWA]
Cite
Coverage
Y/N
State
Cite
Comment
from any solid waste management
unit at a,facility, regardless
of when the waste was placed in
the unit.
19. Authority to require corrective
action beyond a facility's
boundary. Once EPA promulgates
the regulations required by
§3004(v), the state must have
authority to include corrective
action as a permit requirement.
Until then, a state may use
corrective action orders as an
alternative to imposing corrective
action in a permit. Without some
mechanism for requiring correction
action beyond a facility's boundary,
a state may not issue a RCRA permit.
20. Authority to assure that
permitting standards for
underground hazardous waste
tanks, at a minimum, satisfy
Section 9003, Subtitle I of RCRA,
42 USC 9003.
RCRA §3005
21. Optional: Authority to allow .
a facility to construct an
approved TSCA facility for
burning PCBs without first
obtaining a RCRA permit. An
owner/operator may file for
a RCRA permit to burn hazardous
waste after construction or
operation of such a facility
has begun.
§3004(v)
[Sec. 207]
§3004(w)
[Sec. 207]
§3005(a)(3)
[Sec. 211]
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Statutory Element
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
22. Authority to review land disposal
permits every five years and to
modify them as necessary to assure
compliance with State's analogue
to RCRA §§3004, 3005 and to take
into account improvements in
technology.
23. Authority to issue permits
containing any conditions
necessary to protect human
health and environment. .
*24. Authority to require that
(i) for land disposal facilities
qualifying for interim status prior
to 11/8/84, interim status terminates
11/8/85 unless a Part B applica-
tion and certification of compliance
with applicable ground-water
monitoring and financial responsi-
bility requirements are submitted
by 11/8/85.
§3005(c)(3)
[Sec. 212]
**
§3005(c)(3)
[Sec.,212]
§3005(c),(e)
fSec.j213]
(ii) For land disposal facilities
in existence on the effective
date of statutory or regulatory
amendments under the HSWA that
require the facility to have a
RCRA permit, interim status
terminates 12 months after the
facility is first required to
* Note that the state's analogue to interim status must terminate automatically in tjflese cases
(whether the state's analogue is Part 265 type standards or permits). If a State statute
or regulation would require any type of hearing to terminate the facility's operating authority,
the State must amend its authority to delete that requirement for these provisions. (Interim
status as used here means the state's analogue to Federal interim status.)
**Applicable if State adopts optional authority in #25.
-10-
-------
Statutory Element
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite .
Comment
obtain a permit, unless a Part
B application and certification
of compliance with applicable
ground-water monitoring and
financial responsibility require-
ments are submitted 12 months
after the date the facility is
first required to obtain a permit.
(iii) Interim status terminates for
incinerator facilities by
11/8/89 unless the owner/
operator submits a Part B
application by 11/8/86.
(iv) Interim status terminates for
any facility other than a land
disposal or an incineration
facility by 11/8/92 unless the
" owner/operator submits a Part B
application by 11/8/88.
25. Optional: Authority to allow facilities
to qualify for interim status if they
(1) are in existence on the effective
date of statutory or regulatory changes
that render the facility subject to the
requirement to have a permit and (2) meet
notice and permit application require-
ments.
26. Authority to require that facilities
may not qualify for interim status
under the State's analogue to
Section 3005(e) if they were .
previously denied a Section 3005(c)
permit or for which authority to
operate has been terminated.
§3005(e)
fSec. 241]
§3005(c),
[Sec. 213]
-11-
-------
Statutory Element
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
27. Optional:
A. Authority to issue a one-year research §3005(g)
development, and demonstration [Sec. 214]
permit for any hazardous waste
treatment facility which pro-
poses an innovative and experi-
mental hazardous waste treatment
technology or process not yet
regulated. Permits may be
renewed no more than three times;
no renewal may exceed a year.
B. Authority to waive or modify
general permit application
and issuance requirements
for R&D permits, except for
financial responsibility
and public participation
requirements (RCRA §7004(b)(2)).
C. Authority to terminate experimental
activity if necessary to protect
health and the environment.
(Mandatory if State adopts R&D
permitting authority).
<,
28. Authority to require landfills, surface §3005(i)
impoundments, land treatment units, [Sec. 2431
and piles that received waste after
July 26, 1982 and which qualify for
interim status to comply with the
groundwater monitoring, unsaturated zone
monitoring, and corrective action
requirements applicable to new units
at the time of permitting.
29. Authority to require interim status §3005(1)
impoundments to comply with the [Sec. 2151
double liner,-leachate collection,
and ground-water monitoring requirements
applicable to new units or stop treating,
receiving, or storing hazardous wastes.
-12-
-------
Statutory Element
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
§3005(j)(13)
[Sec. 2151
30. Authority to impose any necessary §3005(j!)
requirements (including double [Sec. 215]
liners) on an existing surface
impoundment to protect health and the
environment after determining that
hazardous constituents are likely to
migrate into groundwater.
31. Optional: Authority to modify the
double liner, leachate collection,
and groundwater monitoring require-
ments for impoundments in §3005(j)(i)
if prior to October 1 , 1984,
the owner/operator has entered .
into a consent decree, order, or
agreement with EPA or an authorized
State which requires corrective action
and provides protection of health and
environment at least equivalent to
that in §3005(.i) (1);
RCRA §3006
32. Authority to make information obtained §3006(f)
on treatment, storage, and disposal [Sec. 226]
facilities available to the public in
substantially the same manner and to the
same degree as if EPA were running the
program.
RCRA §3014
*33. Authority to promulgate special §3014(c)j
generator and transporter standards [Sec. 24}.]
for recycled hazardous used oil.
* Potential requirement: EPA is planning to list used cj>il as a hazardous
waste. If we do so, states may need this authority.
-------
Statutory Element
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
34. Optional: Authority to deem hazardous
waste used oil recycling facilities
to have a permit if they comply with
the State's analogue to the §3004
standards. However, a State must
retain the authority to require
individual permits if necessary to
protect human health and the
. environment.
RCRA §3015
35. Authority to require new units,
expansions and replacements of
interim status waste piles to
meet the requirements for a single
liner and leachate collection
system in current regulations
applicable to permitted waste
piles.
36. Authority to require new units,
expansions, and replacement units at
interim status landfills and surface
impoundments to meet the requirements
for double liners and leachate collec-
tion systems applicable to new permitted
landfills and surface impoundments.
Optional: Facilities which comply
in good faith need not retrofit at
permit issuance unless the liner
is leaking. .
§3015(a)
[Sec. 243]
§3015(b)
[Sec. 243]
-14-
-------
Statutory Element
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
RCRA §3018
*37. Authority to regulate listed or
identified wastes which pass through
a sewer system to a publicly owned
treatment works (POTW) as necessary
to adequately protect human health
and environment.
§3018(b)
[Sec. 246]
RCRA §3019
38. Authority to require permit applicants
for landfills or surface impoundments
to submit exposure information.
39. Authority to make exposure and
health assessment information
available to the Agency for
Toxic Substances and Disease
Registry. (See CERCIA §104(i))
RCRA §§7002, 7003
**40. Optional: Authority to grant
variances and exemptions that
are no less stringent than
allowed.by Subtitle C of RCRA.
§3019(a)
[Sec.' 247]
§3019(b)(l)
[Sec. 247]
* Potential requirement: Depending on the result of reports EPA is required to
prepare under §3018(a), EPA may impose regulations in the future addressing
hazardous wastes passing through to a POTW. Such regulations, if adopted,
may be under RCRA, the Clean Water Act or other authority, and may or may not
be a State program requirement.
**
Various HSWA provisions amend RCRA to allow EPA-and the States if they wish - to gijant variances
and exemptions. In addition to those, variances specifically authorized by statute,' the HSWA
allows EPA to develop regulations with variance provisions or to make case-by-case variance
decisions. Unless a state is absolutely sure that it will never wish to grant a variance or
exemption, we strongly recommend states obtain the above authority.
The States' variance procedures and decision criteria must be no less stringent than EPA's.
-15,-
-------
.Statutory Element
RCRA [HSWA]
Cite
Coverage
Y/N
State
Cite
Comment
41. Optional: Neither the State nor
citizens may bring action against
common carriers for imminent hazards
arising after delivery of the
shipment to the cosignee, pro-
vided the carrier exercised
due care when handling the work.
RCRA §1004
*42. Authority to regulate hazardous
waste that is radioactive .except
to the extent that the waste
is source, special nuclear,
or byproduct material as
defined by the Atomic Energy
Act of 1954, as amended.
(68 Stat. 923)
§7002(g),
§7003(a)(B)(2)
§1004(27)
This is not a HSWA requirement. Until recently there had been some controversy about the
scope of EPA's RCRA authority over radioactive waste. EPA has now determined that hazardous
wastes are subject to RCRA if they are mixed with source, special nuclear or byproduct
material even though source, special nuclear, or byproduct material itself is not subject
to RCRA. Thus, States will need to review their authority to ensure that only source, special
nuclear, or byproduct material is excluded from their hazardous waste jurisdiction.
j-16-
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\- ' • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
" WASHINGTON, D.C. 20460
DEC 4 1985
MEMORANDUM
SUBJECT: HSWA^Authorization issues
FROM: Truett V. DeGeareT Jr., Chief
State Programs Branch (WH-563-B)
Gail Cooper, Attorney AVL
-------
- 2 -
States to direct -the expenditure of closure and post-closure care
funds by guarantors where the owner/operator is insolvent or
unavailable.
Section 3004(t) does address liability for injuries to persons
and property. EPA's pre-HSWA regulations established liability
requirements for personal and property injuries (40 CFR §§264.147,
265.147), but did not provide for direct action against insurers
where the owner/operator was insolvent or unavailable. Section
3004(t) specifically allows third parties to bring direct actions
in those circumstances. In addition, Section 3004(t) allows
State and Federal governmental units to bring direct actions for
injury to government property.
The preamble to the final codification rule d.iscussed this.
issue and also explained that EPA interpreted Section 3004(t) as
applying only to liability insurers, not all guarantors
(50 FR 28734). Therefore, to obtain authorization, a State must
allow persons suffering personal or property injuries from a
hazardous waste facility to bring a direct action against an
insurer where the owner/operator is in bankruptcy, reorganiza-
tion or arrangement pursuant to the Federal Bankruptcy Code or
where judicial jurisdiction cannot be obtained over an owner or
operator -1-i-k-e-ty-to--be insolvent, at the -time of judgment. While
not required for authorization, States may provide for direct
action against all guarantors, rather than only insurors.
Section 3004(w) - Underground Tanks (Statutory Checklist Item 20)
Section 3004(w) requires the Administrator to.modify the
Subtitle C standards for underground hazardous waste tanks that
cannot be entered for inspection if modification is necessary
to cover the minimum standards promulgated under Section 9003 of
Subtitle I for underground storage tanks containing "regulated
substances". There has been a misimpression that this means
that authority to promulgate Subtitle I Section 9003 require-
ments has become a Subtitle C authorization requirement. That
interpretation is erroneous.
To satisfy §3004(w), State requirements for hazardous waste
tanks must contain all requirements and standards described in
Section 9003 (such-as leak detection). However, Section 3004(w)
does not require the State to regulate tanks that would other-
wise not be subject to Subtitle C (i.e., tanks subject to
Subtitle I).
"V
It is unlikely States would need added statutory authority
to satisfy §30.04(w) since their existing authority to regulate
hazardous waste should be sufficient to cover any requirements
or standards described in Section 9003. States would only need
additional regulatory authorities if the "following actions were
to occur: (1) §9003 regulations are promulgated; (2) the §3004
requirements do not address all the requirements in the §9003
-------
rules (unlikely since the hazardous waste tank standards proposed
on .June 26, 1985, address each type of requirement and standard
described in §9003); and (3) the §3004 rules are subsequently
amended to address the additional §9003 requirements.
Section 3005(a) - TSCA Exemption (Statutory Checklist Item 21)
A number of States have misinterpreted §3005(a). Section
3005(a) means that an owner or operator of a TSCA facility is not
precluded from obtaining a RCRA permit solely because he failed to
obtain a RCRA permit prior to construction of that facility.
States need not .provide for this exemption as a requirement of
authorization. . However, in order to provide for this exemption
State statutes which require a hazardous waste permit prior to
construction will have to be amended.
Section 3005(e) - Termination of Interim Status (Statutory
Checklist Item 24)
Interim status terminated on November 8, 1985, for any
facility which failed to submit a Part B application and to
certify compliance with all applicable ground-water monitoring
and financial responsibility requirements. States now applying
for final authorization for §3005(e-) should provide that
interim status under State law has sinyj.arly terjnj.natecL._(_as QJU, ' ^..
the effective date of the State requirement). This will.ensure
that State law is not inconsistent with Federal law.
Section 3006(f) - Availability of Information (Statutory Checklist
Item 32)
For clarification, refer to the draft memorandum entitled
"Effect on State Authorization of HSWA §3006(f) Availability of
Information". This was issued on November 7 as OSW Directive
X9354.1. A final-memorandum will be issued in December after
we review the comments received on the draft.
Attachment
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OSWER Policy Directive
No. 9540.00-1C
APPENDIX A
STATE REGULATORY PROGRAM CHECKLIST
The checklists in this Appendix are intended to assist the
Attorney General and/or the State program office in demonstrating
that the State qualifies for authorization. The checklists are
divided into two major sections of this Appendix: 1) checklists
for the RCRA base program as of January 26, 1983, and 2) the
revisions to the RCRA program after January 26, 1983 (including
HSWA). The following discussion describes the use of these
different checklists.
General Instructions Applicable to All Checklists
The instructions for completing these checklists can be found
on page 2.3-4. State programs must have legal authority to implement
each non-optional item on the checklist. Legal authority means
that the State analogue to the Federal requirement must be reflected
in a State law, regulation, published opinion of the Attorney
General or other document with the force of law.
Some of the checklist provisons are accompanied by a symbol
that demotes a special requirement:
* - procedural requirement
t - optional requirements
The significance of these symbols is discussed below.
1. Procedural Requirements (*).
State permitting programs must be administered in accordance
with the applicable requirements of 40 CFR Parts 124 and 270, as
identified in the checklists. In most instances this means that
the State requirement must be reflected explicitly in a State •
regulation. (Some State 'statutes may contain such explicit require-
ments, which would also be acceptable.) However, for some of the
primarily procedural requirements on the checklist (identified by
asterisks), the State may be able to commit in the MOA, rather
than provide an explicit regulation, to satisfy the requirement of
271.14. Such an agreement will be acceptable where the State
agency is willing to bind itself to a particular procedure (e.g.,
providing a 45-day, rather than 3O-day, public comment period) in
the MOA and where the State Attorney General certifies that (1)
the State has the authority to enter into the Agreement, (2) the
State has the authority to carry out the Agreement, and (3) no
applicable State statute (including the State administrative
procedure act) requires that the procedure be promulgated as a
•rule in order to be binding. For further discussion, see page
1.3-8 .
A-l
-------
2. Optional Requirements (t).
The State does not need to provide for a counterpart to
these requirements. These provisions are either: 1) less
stringent than the previous Federal requirement, 2) a reduction
in scope of the Federal program, or 3) clarifications to the
Federal program with no effect on program stringency or scope.
However, where the State does have a similar requirement, it
must be at least as stringent as the Federal one.
Base Program Checklists
The first eight checklists in this Appendix (pages A-l
to A-71) present the Federal RCRA program revisions in effect
January 26, 1983 that are requirements for State authorization.
The organization of the checklists coincides with the Model
Attorney General's Statement in Chapter 2.4 as listed below:
Checklist I A - Identification and Listing '
Checklist IB - Waste Lists
Checklist'I C - Characteristics
Checklist.II - Generator Requirements
Checklist III - Transporter Requirements
Checklist IV A - Facility Requirements
Checklist IV B - Facility Interim Status Requirements
Checklist V - Permitting Requirements
Checklist V, "Permitting Requirements", contains numerous
procedural and optional requirements. In addition, it should
be noted that the State does not need to use a two part permit
application process. Also, State regulations need not list all
items in 270.13-29; however, the State must require that permit
applications from new and existing facilities contain adequate
information for the State to establish and determine compliance
with all permitting requirements (the State analogues to 40 CFR
Parts 270 and 264).
Revision Checklists
Checklists for revisions to the RCRA program that occur
after January 26, 1983 are presented in the second portion of this
Appendix (starting on page A-72). A State will need to use these
checklists to revise its authorized program or if the State is
initially, applying for final authorization after January 28, 1984.
(See Chapters 1.1 and 1.5 for discussion regarding revision and
initial application deadlines.) The checklists are presented and
numbered in chronological order by date of promulgation. The
organization of the Revision Checklists coincides with the Model
Attorney General's Statement in Chapter 3.4.
A-2
-------
Table A-l lists the Revision Checklists. They are generally
listed in chronological order, except that they are grouped into
the following categories:
0 Non-HSWA requirements prior to Cluster I (January 26,
1983 - June' 30, 1984)
0 Non-HSWA Cluster I (July 1, 1984 - June 30, 1985)
0 Special HSWA Cluster (November 8, 1984 - June 30, 1987)
The checklists in this Table that are noted wi.th a "t" contain
only optional requirements. As additional changes to the Federal
program occur, corresponding checklists will be added to this
Appendix.
A-2a
-------
Table A-l
Recent Federal Requirements
Revision
Checklist #
1
2
3
4
5
6
t?
ts
tg
10
11
t!2
13
15
Federal Requirement
Non-HSWA Requirements
Biennial . Report
Permit Rules - Settlement Agreement
Interim Status Standards -
Applicability
Chlorinated Aliphatic Hydrocarbon
Listing
National Uniform Manifest
Permit Rules - Settlement Agreement
Listing Warfarin & Zinc Phosphide
Lime Stabilized Pickle Liquor Sludge
NON - HSWA Cluster I [PROPOSED]
State Availability of Information
[See Appendix E]
Exclusion of Household Waste
Interim Status Standards -
Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Redefinition of Solid Waste
Interim Status Standards for Landfills
HSWA or.
FR Reference
48 FR 3977-83
48 FR 39622
48 FR 52718-20
49 FR 5308-15
49 FR 10490r510
49 FR 17718-19
49 FR 19923
49 FR 23287
HSWA §3006(f)
49 FR 44980
,49 FR 46095
49 FR 47391
40 FR 49571-2
50 FR 614-668
40 FR 16044-8
Promulgation
or HSWA Date
1/28/83
9/1/83
11/22/83
2/10/84
3/20/84
4/24/84
5/10/84
6/5/84
11/8/84
11/13/84
11/21/84
12/4/84
12/20/84
1/4/85
4/23/85
14
SPECIAL HSWA CLUSTER [PROPOSED]
HSWA Date of Enactment Provisions
[See #17]
Numerous
11/8/84
Dioxin Listing and Management Standards 50 FR 1978-2006 1/14/85
Fuel Labeling [See #17K] HSWAS3004(r)(1) 2/7/85
t optional
A-2b
-------
Table A-l
Recent Federal Requirements
Revision
Checklist #
16
Federal Requirement
.Paint Filter Test
Prohibition of Liquids in Landfills
HSWA or
FR Reference
50 FR 18370-5
HSWA §3004 (c)
Promulqation
or HSWA Date
4/30/85
5/8/85
17
18
19
20
21
22
[See #17F]
Expansions During Interim Status -
Waste Piles [See #17P]
Expansions During Interim Status -
Landfills and Surface Impoundments
[See #17P]
HSWA Codification Rule
17A - Small Quantity Generators
17B - Delisting
17C - Household Waste
17D - Waste Minimization
17E - Location Standards for Salt Domes,
Salt Beds, Underground Mines
and Caves
17F - Liquids in Landfill's
17G - Dust Suppression
17H - Double Liners
171 - Ground-Water Monitoring
17J — Cement Kilns '
17K - Fuel Labeling
17L - Corrective Action
17M - Pre-construction Ban
17N - Permit Life
170 - Cmnibus Provision
17P - Interim Status
17Q - Research and Development Permits
17R - Hazardous Waste Exports
17S - Exposure Information
Listing of TDI, TDA, DMT
Used Oil
Spent Solvents Listing
EDB Waste Listing
Four Spent Solvents Listing
HSWA §3015(a)
HSWA §3015(b)
5/8/85
5/8/85
50 FR 28702-55 7/15/85
50 FR 42936-43
50 FR 49164-212
50 FR 53315-20
51 FR 5330
51 FR 6541
10/23/85
11/29/85
12/31/85
2/13/86
2/25/86
A-2c
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Revisions Checklists
A-72
-------
RCRA .REVISION CHECKLIST 1
Biennial Report
48 FR 3981-3983
January 28, 1983
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 262 - GENERATOR STANDARDS
SUBPART D - RECORDKEEPING AND REPORTING
t RECORDKEEPING
record
retention period
262.40(b)
BIENNIAL REPORT
information submitted
1 on biennial report
generators who treat,
store or dispose on-site
262.41(a)
262. 4Kb)
PART 264 - FACILITY STANDARDS
SUBPART E -- MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
t BIENNIAL REPORT
introductory paragraph
264.75
UNMANIFESTED'WASTE REPORT
introductory paragraph
264.76
t ADDITIONAL REPORTS
introductory paragraph
264.77
PART 265 - INTERIM STATUS FACILITY STANDARDS
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
t BIENNIAL REPORT
introductory paragraph
265.75
1 VJiile the requirement to submit a biennial report rather than an annual
report is less stringent, the information requirement has been expanded.
January 28, 1983 - Page 1 of 2
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RCRA REVISION CHECKLIST: Biennial Report (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
. IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
UNMANIFESTED WASTE REPORT
introductory paragraph
265.76
.
t ADDITIONAL REPORTS
*
introductory paragraph
265.77
SUBPART F - GROUNDWATER MONITORING
RECORDKEEPING AND REPORTING
annual requirement
annual report
265.94(a)(2)
265.94(b)(2)
PART 122 - PERMITTING REQUIREMENTS
t NONCOMPLIANCE AND PROGRAM REPORTING BY THE DIRECTOR
program report .
122.18(c)(3)
270.5(b)(2)
'
t ADDITIONAL CONDITIONS APPLICABLE TO ALL RCRA PERMITS
biennial report
122.28(e)(3)
270.30(k)(a)
January 28, 1983 - Page 2 of 2
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RCRA REVISION CHECKLIST 2
Permit Rules: Settlement Agreement
48 FR 39622
September 1, 1983
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUBPART B - PERMIT APPLICATION
t SIGNATURES TO PERMIT APPLICATIONS AND REPORTS
for a corporation
for a municipality, etc.
certification
270.11(a)(l)
270.11(a)(3)
270.11(d)
-
SUBPART C - PERMIT CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
event of noncompliance
270.30(d)
-
September 1, 1983 - Page 1 of 1
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RCRA REVISION CHECKLIST 3 '
Interim Status Standards Applicability
48 FR 52718-20
November 22, 1983
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
persons to whom regs
apply
265. Kb)
November 22, 1983 - Page 1 of 1
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RCRA REVISION CHECKLIST 4
Chlorinated Aliphatic Hydrocarbon Listing (F024)
49 FR 5312
February 10, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING
SUBPART D - LISTS OF HAZARDOUS WASTE
HAZARDOUS WASTE FROM NONSPECIFIC SOURCES
list of "F"
waste
261.31
•
§261.31 Hazardous waste from nonspecific sources
EPA Hazardous Hazardous waste Hazard
Waste Number Code
F024 Wastes including but not limited to distillation residues, (T)
heavy ends, tars, and reactor cleanout wastes frcm the
production of chlorinated aliphatic hydrocarbons, having
carbon content from one to five, utilizing free radical
catalyzed processes. (This listing does not include
light ends, spent filters and filter aids, spent dessicants,
wastewaters, wastewater treatment sludges, spent catalysts,
and wastes listed in §261.32.)
APPENDIX VII to PART 261
hazardous constitutes
Appendix VII
APPENDIX VII-Basis for Listing Hazardous Waste
EPA Hazardous Hazardous constituents for
Waste No. . which listed
F024 Chloromethane, dichloronethane, trichloronethane, carbon tetrachloride,
chloroethylene, 1,1-dichloroethane, 1,2-dichloroethane, trans-1-2-
dichloroethylene, 1,1-dichloroethylene, 1,1,1-trichloroethane,
1,1,2-trichloroethane, trichloroethylene, 1,1,1,2-tetrachloroethane,
1,1,2,2-tetrachloroethane, tetracholoethylene, pentachloroethane,
hexachloroethane, allyl chloride (3-chloropropene), dichloropropane,
dichloropropene, 2-chloro-l,3-butadiene, hexachloro-l,3-butadiene,
hexachlorocyclopentadiene, hexachlorocyclohexane, benzene, chloro-
benzene, dichlorobenzenes, 1,2,4-trichlorobenzene, tetrachlorobenzene,
pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.
February 10, 1984 - Page 1 of 2
-------
RCRA REVISION CHECKLIST: Chlorinated Alipatic Hydrocarbon
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
APPENDIX VIII of PART 261
add
3-chloropropene
add
2-chloro-l , 3-butadiene
Appendix VIII
Appehdix VIII
February 10, 1984 - Page 2 of 2
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RCRA REVISION CHECKLIST 5
National Uniform Manifest
49 FR 10500-10510
March 20, 1984
FEDERAL REQUIREMENT
RCRA .CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM - GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
manifest
manifest document number
260.10
260.10
PART 262 - GENERATOR STANDARDS
SUBPART B - THE MANIFEST
GENERAL REQUIREMENTS
use of manifest
262.20(a)
ACQUISITION OF MANIFESTS
apply consignment state
apply generator state
apply anywhere
262.21(a)
262.21(b)
262.21(c)
SUBPART E - SPECIAL CONDITIONS
INTERNATIONAL SHIPMENTS
introductory text
generator state
introductory text
importees/consignment
state
262.50(b)(3)
262.50(b)(4)
262.50(d)
262.50(e)
APPENDIX to PART 262
uniform manifest
instructions
8700-22
8700-22 (A)
March 20, 1984 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 6
Permit Rules: Settlement Agreement .
49 FR 17718-17719
April 24, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUBPART G - INTERIM STATUS
QUALIFYING FOR INTERIM STATUS
failure to qualify
.270.70(b)
April 24, 1984 - Page 1 of 1
-------
" RCRA REVISION CHECKLIST 7
PART 261 - Warfarin & Zinc Phosphide
49 FR 19923
May 10, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN'
PART 261 - IDENTIFICATION AND LISTING
SUBPART D - LISTS OF HAZARDOUS WASTE
t DISCARDED COMMERCIAL CHEMICAL PRODUCTS, ETC.
toxic "P" waste
261.33(e)
§261.33(e)
Hazardous
Waste No.
Substance
P001 3-(alpha-Acetonylbenzyl)-4-hydroxycoumann and salts, when present
at concentrations greater than 0.3%.
P001 Warfarin, when present atronnpnt-rat-Inns gr^ai-pr than 0.3%. _
P122 Zinc phosphide, when present at concentrations greater than 10%.
t DISCARDED COMMERCIAL CHEMICAL PRODUCTS, ETC.
toxic "U" waste |261.33(f)
§261.33(f) ; . .
Hazardous Substance
Waste No.
U248 3-(alpha-Acetonybenzyl)-4-hydroxycoumann and salts, when present at
concentrations of 0.3% or less.
U248 Warfarin, when present at concentrations of 0.3% or less.
U249 Zinc phosphide, when present at concentrations of 10% or less.
May 10, 1984 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 8
Lime Stabilized Pickle Liquor Sludge
49 FR 23287
June 5, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL-
EXPLAIN
PART 261 - IDENTIFICATION AND LISTING
SUBPART A - GENERAL
DEFINITION OF HAZARDOUS WASTE
waste pickle liquor
sludqe
261.3(c)(2)
June 5, 1984 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 9
Household Waste
49 FR 44980
November 13, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING
SUBPART A - GENERAL
EXCLUSIONS
household waste
1
261.4(b)(l) |
Also note the amendment to §261.4(b)(l) on July 15, 1985 [50 FR 28743]
November 13, 1984 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 10
Interim Status Standards Applicability
49 FR 46095 -
November 21, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 265 - INTERIM STANDARDS. FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
purpose
persons to whan regs
apply
265. l(a)
265. Kb)
November 21, 1984 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 11
Corrections to Test Methods Manual
49 FR.47391
December 4, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
REFERENCES
SW-846 revised
260.11(a)
SUBPART C - RULEMAKNG PETITIONS
PETITIONS FOR EQUIVALENT TESTING OR ANALYTICAL METHODS
remove comment at end
260.21
PART 270'- PERMITTING REQUIREMENTS
SUBPART A - GENERAL INFORMATION
REFERENCES
SW-846 revised
270. 6(a)
December 4, 1984 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 12
Satellite Accumulation
49 FR 49571-49572 .
December 20, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 262 - GENERATOR STANDARDS
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME v -
point of generation
262.34(c)
December 20, 1984 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 13
Definition of Solid Waste
50 FR 614-668
January 4, 1985
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
boiler
t designated facility
incinerator
industrial furnace
260.. 10
260.10
260.10
260.10
SUBPART C - RULEMAKING PETITIONS
t VARIANCES FROM CLASSIFICATION AS A SOLID WASTE
( 1 ) speculative accumulation
returned to process
further reclamation
260.30(a)
260.30(b)
260.30(c)
t STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE
speculative accumulation
returned to process
further reclamation
260.31(a)
260.31(b)
260.31(c)
•
t VARIANCE TO BE CLASSIFIED AS A BOILER
caserby-case
determination
260.32
(1) Also see technical correction to the rule at 50 FR 14216 (April 11, 1985)
January 4, 1985 - Page 1 of 6
-------
RCRA REVISION CHECKLIST: Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
•REQUIREMENT,
FROM FEDERAL
EXPLAIN
t PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE OR TO BE
CLASSIFIED AS A BOILER
t application
notice/public hearing
260.33(a)
260.33(b) .
'
* ADDITIONAL REGULATION OF CERTAIN HAZARDOUS. WASTE RECYLING ACTIVITIES ON A
CASE-BY-CASE BASIS
case-by-case
determination
260.40
*. PROCEDURES FOR CASE-BY-CASE REGULATION OF HAZARDOUS WASTE RECYCLING ACTIVITIES
determining procedures
260.41
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
PURPOSE AND SCOPE
applicability
definitions
261. l(b)
261. l(c)
•
DEFINITION OF SOLID WASTE
discarded/not excluded
abandoned
(2) use constitutes disposal
(2) energy recovery
reclaimed
accumulated
speculatively
inherently waste-like
261. 2(a)
261. 2(b)
261.2(c)(l)
261.2(c)(2)
261.2(c)(3)
261.2(c)(4)
261. 2(d)
(2) Also see technical correction to the rule at 50 FR 33542 (August 20, 1985)
* Not needed if State does not allow the exclusion of 261.6(a)(2)(iv).
January 4, 1985 - Page 2 of 6
-------
RCRA REVISION CHECKLIST: Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
not solid waste
t when recyled
- documentation
RCRA CITE
261. 2(e)
261. 2(f)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
t DEFINITION OF HAZARDOUS WASTE
( 1 ) generated for treatment
261.3(c)(2)
t EXCLUSIONS
(1) black liquor
spent sulfuric acid
261.4(a)(6)
261.4(a)(7)
t SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY SMALL QUANTITY GENERATORS
(1) quantity determination
•261. 5(c)
REQUIREMENTS -FOR RECYCLABLE MATERIALS
recyclable materials
regulated
_ under Part 266
(2) exemption for rule
generators and
transporters
(2) recycling facilities
261.6(a)(l)
261.6(a)(2)
261.6(a)(3)
261. 6(b)
261. 6(c)
i
-
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTE FROM NONSPECIFIC SOURCES
generic listings
261.31
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, etc.
introductory text
261.33
(1) Also see technical correction to the rule at 50 FR 14216 (April 11, 1985).
(2) Also see technical correction to the rule at 50 FR 33542 (August 20, 1985)
January 4, 1985 - Page 3 of 6
-------
RCRA REVISION CHECKLIST: Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
RCRA CITE '
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 264 - FACILITY REQUIREMENTS
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
exemption from rule
264.1(g)(2)
SUBPART 0 - INCINERATORS
APPLICABILITY
owners and operators
with exception
264.340(a)
PART 265 - FACILITY INTERIM STANDARDS
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
exemption from rule
265.1(c)(6)
V
SUBPART 0 - INCINERATORS
APPLICABILITY
owners and operators
with exception
265.340(a)
SUBPART P - THERMAL TREATMENT
OTHER THERMAL TREATMENT
thermal treatment
265.370
January 4, 1985 - Page 4 of 6
-------
RCRA REVISION CHECKLIST: Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 266 - SPECIFIC MANANGEMENT STANDARDS
SUBPART C - RECYCLABLE MATERIALS USED IN A
•MANNER CONSTITUTING DISPOSAL
APPLICABILITY
applied to or
placed on land
t products for qeneral use
266.20(a)
266.20(b)
STANDARDS APPLICABLE TO GENERATORS AND TRANSPORTERS OF MATERIALS USED
IN A MANNER THAT CONSTITUTES DISPOSAL
generators and
transporters
266.21
STANDARDS APPLICABLE TO STORERS OF MATERIALS THAT ARE TO BE USED IN A MANNER THAT-
CONSTITUTES DISPOSAL WHO ARE NOT THE ULTIMATE USERS
storers of material
266.22
STANDARDS APPLICABLE TO USERS OF MATERIALS THAT ARE USED IN. A MANNER THAT CONSTITUTES
DISPOSAL
users of material
266.23
•
SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY tt
APPLICABILITY
recovery in boilers
and industrial furnaces
(1)
(2) exemption from rule
266.30(a)
266.30(b)
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE FUEL
generate, market, or
burn fuel
266.32
. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE FUEL
from generators to
marketer or burner
( 1 ) from marketer to burner
266.33(a)
266.33(b)
-
(1) Also see technical correction to the rule at 50 FR 14216 (April 11, 1985).
(2) Also see technical correction to the rule at 50 FR 33542 (August 20, 1985).
tt Also see checklist for the November 29, 1985 (50 FR 49164-49212), for
further amendments regarding used oil.
January 4, 1985 - Page 5 of 6
-------
RCRA REVISION CHECKLIST: Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY-
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUELS
requ ireanaents/prohibi t ion
266.34
j
STANDARDS APPLICABLE TO BURNERS OF HAZARDOUS WASTE FUELS
burners that store
266.35(c)
CONDITIONAL EXEMPTION FOR SPENT MATERIALS AND BY-PRODUCTS EXHIBITING A CHARACTERISTIC
OF HAZARDOUS WASTE
exemption
266.36
SUBPART F - RECYCLABLE MATERIALS UTILIZED FOR
PRECIOUS METAL RECOVERY
APPLICABILITY AND REQUIREMENTS
precious metal relaimers
subject to requirements
storage of recyled
materials
accumulated
speculatively
266. 70 (a)
266. 70 (b)
266.70(c)
266. 70 (A)
SUBPART G - SPENT LEAD-ACID BATTERIES BEING RECLAIMED
. APPLICABILITY AND REQUIREMENTS
persons who reclaim
(2) batteries
(1) storage
(2) before reclamation
266.80(a)
266.80(b)
•
(1) Also see technical correction to the rule at 50 FR 14216 (April 11, 1985).
(2) Also see technical correction to the rule at 50 FR 33542 (August 20, 1985).
January 4, 1985 - Page 6 of.6
-------
RCRA REVISION CHECKLIST 14
Dioxin Waste Listing and Management Standards
50 FR 1978-2006
January 14, 1985
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY SMALL QUANTITY GENERATORS
acutely hazardous
residues
261.5(e)(l)
261.5(e)(2)
RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
definition of empty
acute hazardous wastes
261.7(b)(l)
261.7(b)(3)
SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
acute "F"
wastes
261.30(d)
HAZARDOUS. WASTE FROM NONSPECIFIC SOURCES
list of "I
r" wastes
261.31
§261.31 - Hazardous waste from non-specific sources
EPA hazardous
waste No.
Hazardous waste
Hazard
Code
F020.
(H)
Waste (except wastewater' and spent carbon from hydrogen chloride
purification) from the production or manufacturing use (as a .
reactant, chemical intermediate, or component in a formulating
process) of tri- .or tetrachlorophenol, or of intermediates used
to produce their pesticide derivatives. (This listing does not
include wastes from the production of Hexachlorophene from highly
purified 2,4,5-trichlorophenol.).
F021 Wastes (except wastewater and spent carbon from hydrogen chloride (H)
purification) from the production or manufacturing use (as a
reactant, chemical intermediate, or component in a formulating
process) of pentachlorophenol, or of intermediates used to
produce its derivatives.
(continued on next page)
January 14, 1985 - Page 1 of 7
-------
.RCRA REVISION CHECKLIST: Dioxin Listing and Management Standards (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
F022 Waste (except wastewater and spent carbon fron hydrogen chloride (H)
purification), from the manufacturing use (as a reactant, chemical
intermediate, or component in a formulating process) of tetra-,
penta-, or hexachlorobenzenes under alkaline conditions.
F023 ...Wastes (except wastewater and spent carbon from hydrogen chloride (H)
purification) from the production of materials on equipment
previously used for the production or manufacturing use (as a
reactant, chemical intermediate, or component in a formulating
process) of tri- and tetrachlorophenois. (This listing does not
include wastes from equipment used only for the production or use
of Hexachlorophene from highly purified 2,4,5-trichlorophenol.)
F026 Wastes (except wastewater and spent carbon from hydrogen chloride
purification), fran the production of materials on equipment (H)
previously used for the manufacturing use (as a reactant, chemical
intermediate, or component in a formulating process) of tetra-,
penta-, or hexachlorobenzene under alkaline conditions.
F027 Discarded unused formulations containing tri-, tetra-, or (H)
pentachlorophenol or discarded unused formulations containing
compounds derived from these chlorophenois. (This listing does
not include formulations containing Hexachlorophene sythesized
from prepurified 2,4,5-trichlorophenol as the sole component.)
F028.., Residues resulting from the incineration or thermal treatment (H)
of soil contaminated with EPA Hazardous Waste Nos. F020, F021,
F022, F023V. F026, and F027. . -
DISCARDED COMMERCIAL CHEMICAL PRODUCTS,~:~~
OFF-SPECIFICATION SPECIES, CONTAINER RESIDUES, AND SPILL RESIDUES
Toxic "U" wastes
261.33(f)
NOTE: the following "U" wastes have been removed from the §261.33(f) list since they
are now regulated under §261.31:
U242 - Pentachlorophenol
. U242 - Phenol, pentachloro-
U212 - Phenol, 2,3,4,6-tetrachloro-
U230 - Phenol, 2,4,5-trichloro
U231 - Phenol, 2,4,6-trichloro
U233 - Propionic acid, 2-(2,4,5-trichlorophenoxy)-
U233 - Silvex
U232 - 2,4,5-T
U212 - 2,3,4,6-Tetrachlorophenol
U230 - 2,4,5-Trichlorophenol
U231 - 2,4,6-Trichlorophenol
U232 - 2,4,5-Trichlorophenoxyacetic acid
January 14, 1985 - Page 2 of 7
-------
RCRA REVISION CHECKLIST: Dioxin (continued)
FEDERAL REQUIREMENT
RCRA 'CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
APPENDIX III TO PART 261
ANALTICAL METHODS
remove entry chlorinated
dibenzodioxins
add new entries
Table 1
Table 1
"
Table 1 - Analytical Methods for Organic Chemicals Contained in SW-846
Compound
First Edition
Method
Second Edition
Method
Chlorinated dibenzo-p-dioxins .8280
Chlorinated dibenzofurans .• 8280
add new entry
Table 3
"Table 3 - Sampling and Analysis Methods Contained in SW-846
First Edition
Second Edition
Title
Section
No.
Method
No.
Section
No.
Method
No.
Analysis of Chlorinated
Dioxins and Dibenzofurans
.8.2
8280
January 14, 1985 - Page 3 of 7
-------
RCRA REVISION CHECKLIST: Dioxin (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL .
EXPLAIN
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add new entries . •
Appendix VII
Appendix VII - Basis for Listing Hazardous. Wastes
EPA Hazardous Hazardous constituents for which listed
Waste No. '
F020 Tetra- and pentachlorodibenzo-p-dioxins; tetra- and pentachlorodi-
benzofurans; tri- and tetrachlorophenols and their chlorophenoxy
derivative acids, esters, ethers, amine and other salts.
F021 Penta- and hexachlorodibenzo-p-dioxins; penta- and hexachlorodi-
benzofurans; pentachlorophenol and its derivatives.
F022 Tetra-, penta-, and hexachlorodibenzo-p-d ioxins; tetra-, penta-,
and hexachlorodibenzofurans.
F023 Tetra- and pentachlorodibenzo-p-dioxins; tetra- and,pentachloro-
dibenzofurans; tri- and tetrachlorophenols. and their chlorophenoxy
- ' derivative acids, esters, ethers, amine and other salts.
F026 Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-,
and hexachlorodibenzofurans.
F027 Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-,
and hexachlorodibenzofurans; tri-, tetra-, and pentachlorophenols
and their chlorophenoxy derivative acids, esters, ethers, amine
and other salts.
F028 Tetra-, penta-, .and hexachlorodibenzo-p-dioxins; tetra-, penta-,
and hexachlorodibenzofurans; tri-, tetra-, and pentachlorophenols
and their chlorophenoxy derivative acids, esters, ethers, amine
and other salts.
January 14, 1985 - Page 4 of 7
-------
RCRA REVISION CHECKLIST: Dioxin (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
add new entries
AppendixVTII
Appendix VIII - Hazardous Constituents
hexachlorodibenzo-p-dioxins
hexachlorod ibenzofurans
pentachlorodibenzo-p-dioxins
pentachlorodibenzofurans
tetrachlorodibenzo-p-dioxins
te trachlorod ibe nz of urans
APPENDIX X TO PART 261
METHOD OF. ANALYSIS FOR CHLORINATED DIBENZO-P-DIOXINS AND DIBENZO-FURANS
method 8280
Appendix X
1
SEE 50 FR 2001 - 2003 for method
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART I - CONTAINERS
CONTAINMENT
exception
containment system
264.175(c)
264.175(d)
SUBPART J - TANKS
INSPECTIONS
contingency plan
264.194(c)(2
SPECIAL REQUIREMENTS
dioxin requirements
264.200(a)
January 14, 1985 - Page 5 of 7
-------
RCRA REVISION CHECKLIST: Dioxin (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
SUBPART K - SURFACE IMPOUNDMENTS
SPECIAL REQUIREMENTS
dioxin requirements
additional requirements
264. 231 (a)
264.231(b)
-
SUBPART L - WASTE PILES
SPECIAL REQUIREMENTS
dioxin requirements
additional requirements
264.259(a)
264.259(5)
SUBPART M - LAND TREATMENT
SPECIAL REQUIREMENTS
dioxin requirements
additional requirements
264.283(a)
264. 283 (b)
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS
dioxin requirements
additional requirements
264.317(a)
264.317(b)
SUBPART 0 - INCINERATORS
PERFORMANCE STANDARDS
dioxin DRE requirements
264.343.(a)
January 14, 1985 - Page 6 of 7
-------
RCRA REVISION CHECKLIST: Dioxin (continued)
FEDERAL REQUIREMENT
RCRA GITE
STATE AUTHORITY-
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
dioxin management
265.1(d)(l)
SUBPART O - INCINERATORS
INTERIM STATUS INCINERATORS BURNING PARTICULAR HAZARDOUS WASTES
dioxin certification
certification standards
265.352(a)
265.352(b)
SUBPART P - THERMAL TREATMENT
INTERIM STATUS_THERMAL TREATMENT BURNING PARTICULAR HAZARDOUS WASTES
dioxin certification
certification standards
265.383(a)
265.383(b)
PART 270 - PERMIT PROGRAM
SUBPART B - PERMIT INFORMATION
CONTENTS OF PART B
contingency plan
270.14(b)(7)
FACILITY SPECIFIC PART B INFORMATION
tanks
surface impoundments
waste piles
land treatment
landfills
270. 16 (g)
270.17(j)
270.18(j)
270.20(i)
270.2KJ)
•
January 14, 1985 - Page 7 of 7
-------
RCRA REVISION CHECKLIST 15
Interim Status Standards for TSDF's
50 FR 16044-8
April 23, 1985
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART K - SURFACE IMPOUNDMENTS
t GENERAL OPERATING REQUIREMENTS
freeboard
variance
265.222(a)
265. 222 (b)
t SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
limitations on placement
variance ^
solely for emergencies
265.229(a)
265.229(b)
265.229(c)
SUBPART M - LAND TREATMENT
t GENERAL OPERATING REQUIREMENTS
conditions for
land treatment
265.272(a)
SUBPART N - LANDFILLS
CLOSURE AND POST-CLOSURE
final cover
post-closure
265.310(a)
265.310(b)
-
SPECIAL REQUIREMENTS FOR CONTAINERS
minimum 90% full
crushed
265.315(a)
265.315(b)
April 23, 1985 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 16
Paint Filter Test
50 FR 18370-18375
April 30, 1985
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
analyses methods
264.13(b)(6)
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
test results
264.73(b)(3)
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS
paint filter test
264.3l4(c)
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS . .
analyses methods
265.13(b)(6)
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
test results
265.73(b)(3)
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS
paint filter test
265.314(d)
April 30, 1985 - page 1 of 1
-------
RCRA REVISION CHECKLIST 17
Codification Rule
50 FR 28702-28755
July 15, 1985
This codification rule incorporated numerous HSWA amendments to RCRA
into the existing RCRA regulations. Since HSWA provides that States may seek
authorization for selected provisions (instead of having to adopt all provisions
simutaneously), this checklist has been subdivided into logical groupings of the
HSWA early enactment provisions. There are 20 subsections to this checklist:
Checklist 17A - Small Quantity Generators
Checklist 17B - Delisting
Checklist 17C - Household Waste
Checklist 17D - Waste Minimization
Checklist 17E - Location Standards for Salt Domes, Salt Beds, Underground
Mines and Caves
Checklist 17F - Liquids in Landfills
Checklist 17G - Dust Suppression
Checklist 17H - Double Liners
Checklist 171 - Ground-Water Monitoring
Checklist 17J - Cement Kilns
Checklist 17K - Fuel Labeling
Checklist .17L - Corrective Action
Checklist 17M - Pre-construetion Ban
Checklist 17N - Permit Life
Checklist 170 - Omnibus Provision
Checklist 17P - Interim Status
Checklist 17Q - Research and Development Permits
Checklist 17R - Hazardous Waste Exports .
Checklist 17S - Exposure Information
July 15, 1985 - Page 1 of 21
-------
RCRA REVISION CHECKLIST 17A
Small Quantity Generators
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HW
SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY SMALL QUANTITY GENERATORS
exceptions
t generator requirements
for exclusion of acutely
hazardous waste
t less than 100kg
accumulation on-site
greater than 100kg but
less than 1000kg:
t waste determination
t accumulation, on-site
manifest after 8/5/85
t treat or dispose
t redes ignate paragraphs
261. 5(b)
L261.5(f)
261. 5(g)
261.5(M(D
261.5(h)(2)
261.5(h)(3)
261.5(h)(4) .
261.5(1) & (j)
i
t
\ •
•
Note: The SQG requirements indicated as optional are reorganized and recbdified but
are substantively unchanged from existing requirements.
July 15, 1985 - Page 2 of 21
-------
RCRA REVISION CHECKLIST 17B
Delisting
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART C - RULEMAKING PETITIONS
t PETITION TO AMEND PART 261 TO EXCLUDE A WASTE PRODUCED AT A PARTICULAR FACILITY
petitions to exclude
waste listed for I, C, R
or E
waste listed for T
waste listed for H
remove temporary
exclusion
260.22(a)
260.22(c)
260.22(d)
260.22(e)
260.22(m)
Note: Delisting is an optional requirement. If the State currently has a delisting
program then it must modify its delisting regulations to comply with these new
standards.
July 15, 1985 - Page 3 of 21
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RCRA REVISION CHECKLIST 17C
Household Waste
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,-
FROM FEDERAL
EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HW
SUBPART A - GENERAL
EXCLUSIONS
t household waste
261.4(b)(l)
July 15/1985 - Page 4 of 21
-------
RCRA REVISION CHECKLIST 17D
Waste Minimization
FEDERAL REQUIREMENT '
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 262 - GENERATOR REQUIREMENTS
SUBPART D - RECORDKEEPING AND REPORTING
BIENNIAL REPORT
reduce volume & toxicity
a description of changes
in volume/toxicity
certification
262.41(a)(6)
262.41(a)(7)
262.41(a)(8)
•
APPENDIX
manifest form
item 16 of instruction
Appendix to 262
Appendix to 262
PART 264 - FACILITY PERMIT REQUIREMENTS
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
APPLICABILITY
on-site and off -site
facilities
264.70
OPERATING RECORD
certification
264.73(b)(9)
PART 270 - PERMITTING REQUIREMENTS
SUBPART C - PERMIT CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
retaining records
270.30(j)(2)
•
SUBPART G - INTERIM STATUS
QUALIFYING FOR INTERIM STATUS
t introductory text
if previously denied a
RCRA permit
270.70(a)
270.70(c)
July 15, 1985 - Page 5 of 21
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.RCRA REVISION CHECKLIST 17E
Location Standards for Salt Domes, Salt Beds, Underground Mines and Caves
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 264 - FACILITY PERMIT REQUIREMENTS
SUBPART B - GENERAL FACILITY STANDARDS
LOCATION STANDARDS
salt dome formations
264.18(c)
PART 265 - FACILITY INTERIM STATUS STANDARDS
SUBPART B - GENERAL FACILITY STANDARDS
LOCATION STANDARDS ,
waste in salt domes
265.18
July 15, 1985 - Page 6 of 21
-------
RCRA REVISION CHECKLIST 17F
Liquids in Landfills
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
. REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 264 - FACILITY PERMIT REQUIREMENTS
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR LIQUID WASTE
t redes ignate paragraph
(b) to (d)
introductory paragraph
5/8/85 free liquids ban
non-hazardous liquids
ban 11/8/85
t exemptions:
only alternative
t
not a risk
264.314
264.314(a)
264.314(b)
264.314(e)
264.314(e)(l)
264.314(e)(2)
'.
PART 265 - FACILITY INTERIM STATUS STANDARDS
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR LIQUID WASTE
t redesignate (b) and (c)
to be (c) and (e)
introductory paragraph
5/8/85 free liquids ban
non-hazardous 'liquids
ban 11/8/85
t exemptions:
only alternative
t
not a risk
265.314
265.314(a)
265.314(b)
265.314(f)
265.314(f)(l)
265.314(f)(2)
'
PART 270 - PERMITTING REQUIREMENTS
SUBPART B - PERMIT APPLICATION
SPECIFIC INFORMATION REQUIREMENTS FOR LANDFILLS
bulk liquids
in landfills; 5/8/85
270.21(h)
July 15, 1985 - Page 7 of 21
-------
RCRA REVISION CHECKLIST 17G
Dust Suppression
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 266 - SPECIFIC MANAGEMENT STANDARDS
SUBPART C - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL
STANDARDS APPLICABLE TO USERS OF MATERIALS THAT ARE USED IN A MATTER THAT CONSTITUTES
DISPOSAL
text designated (a)
road treatment
prohibited
266.23
266.23(b)
July 15, 1985 - Page 8 of 21
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RCRA REVISION CHECKLIST 17H
Double Liners
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 264 - FACILITY PERMIT REQUIREMENTS
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
apply to TSD facilities
two or more liners
alternative design and
t operating practices
t monofills
264.221(a)
264.221(c)
264.221(d)
264.221(e)
.
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
introductory text
two or more liners
alternative design and
t operating practices
t monofills
landfills in Alabama
(old paragraphs
264.301(e),(d),(e),(f)
and (g) redes ignated)
264.301(a)
264.301(c)
264.301(d)
264.301(4)
264.301(10
PART 265 - FACILITY INTERIM STATUS STANDARDS
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN
two or more liners
notify RA
t alternative design
t monof ill
allows installed liner
t to be permitted liner
265.221(a)
265.221(b)
265.221(c)
265.221(d)
265.221(e)
- '
July 15, 1985 - Page 9 of 21
-------
RCRA REVISION CHECKLIST 17H (cont'd)
Double Liners
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART L - WASTE PILES
DESIGN REQUIREMENTS
two or more liners
265.254
SUBPART N - LANDFILLS.
DESIGN REQUIREMENTS
two or more liners
' notify the RA
t alternative design.
t monofills
t allows installed liner
to be permitted liner
265.301(a)
265.301(b)
265. 301 (c)
265.301(d)
265.301(e)
July 15, 1985 - Page 10 of 21
-------
.RCRA REVISION CHECKLIST 171
Ground-Water Monitoring
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 264 - FACILITY.PERMIT REQUIREMENTS
SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS
APPLICABILITY
t exemptions
264.90{b)
SUBPART K - SURFACE IMPOUNDMENTS
DOUBLE-LINED SURFACE IMPOUNDMENTS: EXEMPTION FROM SUBPART F
section removed
264.222
MONITORING AND INSPECTION
paragraph removed
264.226(b)(3)
CLOSURE AND POST-CLOSURE CARE
paragraph removed
section removed
264.228 (b)( 2)
264.228(d)
SUBPART L - WASTE PILES
DOUBLE-LINED PILES': EXEMPTION FROM SUBPART F
section removed
264.252
INSPECTION OF LINERS: EXEMPTION FROM SUBPART F
section removed
264.253
MONITORING AND INSPECTION
paragraph removed
264.254(b)(2)
SUBPART N - LANDFILLS
DOUBLE-LINED LANDFILLS: EXEMPTION FROM SUBPART F
section removed
264.302
MONITORING AND INSPECTION
paragraph removed
264.303(b)(2)
CLOSURE AND POST-CLOSURE CARE
paragraph removed
subsection removed
264.310(b)(2)
264.310(c)
July 15, 1985 - Page 11 of 21
-------
RCRA REVISION CHECKLIST 17J
Cement Kilns
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HW
SUBPART A - GENERAL
REQUIREMENTS FOR RECYCLABLE MATERIALS
(1) regulated
under Part 266
261.6(a)(2)
SUBPART D - LISTS OF HAZARDOUS WASTE
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, etc.
introduction
261.33
PART 266 - SPECIFIC MANAGEMENT STANDARDS
SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
PROHIBITIONS ' ••..'.
(2) waste burned in kilns
266.31(b)(l)
_ , .:
(1) Note that this, provision is not contained in the 7/15/85 rule. It appeared
1/4/85 [50 FR 614-668], and was subsequently amended on 11/29/85 [50 FR 49164-49212] .
(2) Note that this provision was recodified as §266.31(c) on 11/29/85
[50 FR 49164-49212]. . "
July 15, 1985 - Page 12 of 21
-------
RCRA REVISION CHECKLIST 17K
Fuel Labeling
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 266 - SPECIFIC MANAGEMENT STANDARDS
SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUEL
labelling
266.34(d)
July 15, 1985 - Page 13 of 21
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RCRA.REVISION CHECKLIST 17L
Corrective Action
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 264 - FACILITY PERMIT REQUIREMENTS
SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS
APPLICABILITY . •
solid waste management
unit
264.90(a)
CORRECTIVE ACTION FOR SOLID. WASTE MANAGEMENT UNITS
solid waste management
unit
specified in permit
264.101(a)
264.101(b)
PART 270 - PERMITTING REQUIREMENTS
SUBPART F — SPECIAL FORMS OF PERMITS
! '
PERMITS BY RULE
UIC permits issued after"
11/8/84
.. NPDES permits issued
after 11/8/84
270.60(b)(3)
270.60(c)(3)
•
-
July 15, 1985 - Page. 14 of 21
-------
RCRA REVISION CHECKLIST 17M
. Pre^construction Ban
FEDERAL REQUIREMENT
•RCRA CITE
STATE AUTHORITY
STATUTE |. REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUBPART B - PERMIT APPLICATION
GENERAL APPLICATION REQUIREMENTS
new HWM facilities
delete old
pre-construction provision
NEW:
t TSCA PCB facilities
270.10(f)(l)
270.10(f)<3)
270.10(f)(3)
July 15, 1985 - Page 15 of 21
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RCRA REVISION CHECKLIST 17N
Permit Life
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUBPART D - CHANGES TO PERMIT
MAJOR MODIFICATION OR REVOCATION AND RE ISSUANCE OF PERMITS
modify permit to assure
compliance
270.41(a)(6)
SUBPART E - EXPIRATION AND CONTINUATION OF PERMITS
DURATION OF PERMITS
five year review for
land disposal permits
270.50(d)
i
July 15, 1985 - Page 16 of 21
-------
RCRA REVISION CHECKLIST 17 0
9 ,
Omnibus Provision
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUB-PART C - PERMIT CONDITIONS
ESTABLISHING PERMIT CONDITIONS
permit conditions
necessary
270.32(b)
/
July 15, 1985.- Page 17 of 21
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RCRA REVISION CHECKLIST 17P
Interim Status
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUBPART B - PERMIT APPLICATION
GENERAL APPLICATION REQUIREMENTS
permit application
completeness
existing HWM facilities
. and interim status
t qualifications
time frame to submit
Part B
270.10(a)
270.10(c)
270.10(e)(l)
270.10(e)(4)
SUBPART C - PERMIT CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
retaining records
270.30(j)(2)
SUBPART G - INTERIM STATUS
QUALIFYING FOR INTERIM STATUS
t introductory text
if previously denied a
RCRA permit
270.70(a)
270.70(c)
TERMINATION OF INTERIM STATUS
land disposal info by
11/8/85:
Part B
certifies compliance
newly regulated
Part B applications for
incinerators : 1 1/8/86
Part B applications for
storage facilities:
11/8/92
270.73(6) (1)
270.73(c)(2)
270.73(d)
270.73(e)
270.73(f)
July 15, 1985 - Page 18 of 21
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RCRA REVISION CHECKLIST-17Q
Research and Development Permits
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
GENERAL APPLICATION REQUIREMENTS
t permit application
270.10(a)
SUBPART F - SPECIAL FORMS OF PERMITS
RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS
t R&D permits
270.65
•
July 15, 1985 - Page 19 of 21
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RCRA REVISION CHECKLIST 17R
• Hazardous Waste Exports
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 262 - GENERATOR REQUIREMENTS
SUBPART. E - SPECIAL CONDITIONS
INTERNATIONAL SHIPMENTS
annual report
262.50(d)
July 15, 1985 - Page 20 of 21
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RCRA REVISION CHECKLIST US
. Exposure Information .
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
GENERAL APPLICATION REQUIREMENTS
t completeness
exposure information
270. 10 (c)
270.10(j)
July 15, 1985 - Page 21 of 21
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RCRA REVISION CHECKLIST 18
Listing of TDI, DNT, and TDA Wastes
50 FR 42936-42943
October 23, 1985
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTE FROM SPECIFIC SOURCES
list
of
"K"
wastes
261
.32
§261.32 Hazardous waste from specific sources
Industry & EPA
Hazardous waste No.
Hazardous Waste
Hazardous
. Code
(Organic Chemicals) (C,T)
Kill Product washwaters from the production of dinitrotoluene
via nitration of toluene.
K112 , Reaction by-product water from the drying column in the (T)
production of toluenediamine via hydrogenation of
dinitrotoluene.
K113 Condensed liquid light ends from-the purification of (T)
toluenediamine in the production of toluenediamine via
hydrogenation of dinitrotoluene.
K114 Vicinals from the purification of toluenediamine in the (T)
production of toluenediamine via hydrogenation of
dinitrotoluene.
Kil5 Heavy ends from the purification of toluenediamine in (T)
the production of toluenediamine via hydrogenation of
dinitrotoluene.
K116 Organic condensate from the solvent recovery column in (T)
the production of toluene diisocyanate via phosgenation
of toluenediamine.
DISCARDED COMMERCIAL CHEMICAL PRODUCTS,
OFF-SPECIFICATION'SPECIES, CONTAINER RESIDUES, AND SPILL RESIDUES
add
toxic "U" wastes
261.33(f)
U328 - 2-Amino-l-methylbenzene
U353 - 4-Amino-l-methylbenzene
U328 - o-Toluidine
U353 - p-Toluidine
October 23, 1985 - Page 1 of 2
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. RCRA REVISION CHECKLIST: Listing of TDI, DMT, and TDA (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN .
APPENDIX III TO PART 261
heading and list change
Table # 1
Appendix III
Compound
Method Numbers
2-Amino-l-methylbenzene (o-Toluidine) 8250
4-Amino-l-methylbenzene (o-Toluidine) 8250
Aniline 8250
2,6-Dinitrotoluene 8060 or 8250
2,4-Toluenediamine 8250
2,6-Toluenediamine 8250
3,4-Toluenediamine 8250
APPENDIX VII TO PART 261
hazardous constitutes [Appendix VII
EPA HazardousHazardous constituents"for which listed
Waste Number
Kill.. 2,4-Dinitrotoluene.
K112 2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.
K113 2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.
K114 2,4-Toluenediamine, o-toluidine, p-toluidine.
K115. 2,4-Toluenediamine.
K116 Carbon tetrachloride, tetrachloroethylene, chloroform, phosgene.
APPENDIX VIII -TO PART 261
5 new constituent addi-
tions
Appendix VIII
1 change
Appendix VIII
.(add)
Benzene, 2-amino-l-methyl (o-Toluidine)
Benzene, 4-amino-l-methyl (p-Toluidine)
2,4-Toluened iami ne
2,6-Toluenediamine
3,4-Toluenediamine
(change)
"Toluenediamine" to "toluenediamine, N.O.S."
October 23, 1985 - Page.2 of 2
-------
RCRA REVISION CHECKLIST 19
Used Oil
> 50 FR 49164-49212
November 29, 1985
Special Note On The Use Of This Checklist
Used oil fuel standards at §266.40-44 are not delegable to State program
until used oil is specifically listed as a hazardous waste pursuant to Section
3001 of RCRA. This is because these regulations are promulgated pursuant to the
Used Oil Recycling Act (§3014(a) of RCRA) which directs EPA to regulate recycled
used oil even if it is not a hazardous waste. The requirements in this checklist
that are not delegable are indicated with a (1). If used oil is listed as a
hazardous waste, authorized States will be required to revise their programs to
adopt these rules. •
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
DEFINITION OF HAZARDOUS WASTE
not hazardous unless
meet characteristic
261.3(c)(2)
(ii)(B)
-
SMALL.QUANTITY.GENERATORS
exceptions
hazardous waste mixed
(1) with used oil
261. 5(b)
261. 5(k)
REQUIREMENTS FOR RECYCLABLE MATERIALS
used oil not regulated
under Subpart 0
t used oil recycled
rather then burned
t fuels from oil-bearing
h.w. from petroleum
refining production, etc
t petroleum coke
261.6(a)(2)
(iii)
261.6(a)(3)
(iii)
261.6(a)(3)
(viii)
261.6(a)(3)
(ix)
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART 0 - INCINERATORS
APPLICABILITY
h.w. burned in boilers
& industrial furnaces
264.340(a)
(2)
November 29, 1985 - Page 1 of 4
-------
RCRA REVISION CHECKLIST: Used Oil (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF TSDF'S
SUBPART 0 - INCINERATORS
APPLICABILITY
h.w. burned in boilers
& industrial furnaces
265.340(a)
(2)
PART 266 - SPECIFIC MANAGEMENT STANDARDS
SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
APPLICABILITY
hazardous waste burned
for energy recovery^
t(l) exemption for used oil
t exemption for h.w. fuels
266.30(a)
266.30(b)(l)
266.30(b)(2)
•
PROHIBITIONS
prohibitions
permissible devices
(old 266.31(b)(l))
cement kilns-renumbered
266.31(a)
266.31(b)
266.31(c)
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE FUEL
generators who produce
generators who market
generators who burn
266.32(a)
266.32(b)
266.32(c)
STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE FUEL
I
transporters
266.33
November 29, 1985 - Page 2 of 4
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'RCRA REVISION CHECKLIST: ' Used Oil (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUEL
prohibitions
notification
storage
off-site shipment
required notices
recordkeeping
266.34(a)
266.34(b)
266.34(c)
266.34(d)
266.34(e)
266.34(f)
STANDARDS APPLICABLE TO BURNERS OF HAZARDOUS WASTE FUEL
prohibitions
notification
storage
required notices
recordkeeping
266.35(a)
266.35(b)
266. 35 (c)
266.35(d)
266.35(e)
•
SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY
(1) APPLICABILITY
used oil burned for
energy recovery
"used oil" means
used oil mixed with
hazardous waste
subject to regulation
allowable levels of
constituents
266.40(a)
266.40(b)
266.40(c)
266.40(d)
266.40(e)
November 29, 1985 - Page 3 of 4
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RCRA REVISION CHECKLIST: Used Oil (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
(1) PROHIBITIONS
market off-spec used oil
burned off-spec used oil
266.41(a)
266. 4Kb)
STANDARDS APPLICABLE TO GENERATORS OF USED OIL BURNED FOR ENERGY RECOVERY
generators who produce/
market, or burn used oil
266.42
. i-
(1) STANDARDS APPLICABLE TO MARKETERS OF USED OIL BURNED FOR ENERGY RECOVERY
persons not "marketers"
analysis of used oil
prohibitions
notifications
invoice system
required notices
• recordkeeping
266.43(a)
266.43(b)(l)
266.43(b)(2)
266.43(b)(3)
266.43(b)(4)
266.43(b)(5).
266.43(b)(6)
•
-
(1) STANDARDS APPLICABLE TO BURNERS OF USED OIL BURNED FOR ENERGY RECOVERY
prohibitions
notification
required notices
used oil fuel analysis
r ecordkeep ing
266.44(a)
266.44(b)
266.44(c)
266.44(d)
266.44(e)
-
November 29, 1985 - Page. 4 of 4
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RCRA REVISION CHECKLIST 20
Listing of Spent Solvents
50. FR 53315-20
December 31, 1985
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE |. REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTE FROM NON-SPECIFIC SOURCES
list of "1
?" wastes
261.31
§261.31 - Hazardous waste from nonspecific sources
.EPA Hazardous Hazardous Waste Hazard
Waste No. Code
FOOL. ...The following spent halogenated solvents used in degreasing: (T)
tetrachloroethylene, trichloroethylene, methylene chloride,
1,1,1-trichloroethane, carbon tetrachloride, and chlorinated
fluorocarbons; all spent solvent mixtures/blends used in
degreasing containing, before use, a total of ten percent or
more (by volume) of one or more of the above halogenated
solvents or those solvents listed in F002, F004, and F005;
and still bottoms from the recovery of these spent solvents
and spent solvent mixtures.
F002 The following spent halogenated solvents: tetrachloro- (T)
ethylene, methylene chloride, trichloroethylene, 1,1,1-
trichloroethane, chlorobenzene, l,l,2-trichloro-l,2,2-
trifluoroethane, ortho-dichlorobenzene, and trichlorofluoro-
methane; all spent solvent mixtures/blends containing, before
use, a total of ten percent or more (by volume) of one or
more of the above halogenated solvents or those solvents
listed in FQ01, F004, and F005; and sill bottoms from the
recovery of these spent solvents and spent solvent mixtures.
F003 The following spent non-halogenated solvents: xylene, ace- (T)**
tone, ethyl acetate, ethyl benzene, ethyl ether, methyl
isobutyl ketone, n-butyl alcohol, cyclohexanone, and
methanol; all spent solvent mixtures/blends containing,
before use, only the above spent non-halogenated solvents; and
all spent solvent mixtures/blends containing, before use,
one or more of the above non-halogenated'solvents, and, a
total of ten percent or more (by volume) of one or more
of those solvents listed in F001, F002, F004, and F005;
and still bottoms from the recovery of these spent solvents
and spent solvent mixtures.
(1) See also technical corrections at 51 FR 2702 (January 21, 1986).
** (I,T) should be used to specify mixtures containing ignitable and toxic
constituents.
December 31, 1985 - Page 1 of 2
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RCRA REVISION CHECKLIST: Listing of Spent Solvents (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
. REQUIREMENT, EXPLAIN
F004 The following spent non-halogenated solvents: cresols and cresylic (T)
acid, and nitrobenzene; all spent solvent mixture/blends contain-
ing, before use, a total of ten percent or more (by volume) of
one or more of the above non-halogenated solvents or those
solvents listed in F001, F002, and F005; and still bottoms from
the recovery of these spent solvents and spent solvents mixtures.
F005 The following spent non-halogenated solvents:, toluene, methyl (I,T)
ethyl ketone, carbon disulfide, isobutanol, and pyridine; all
spent solvent mixtures/blends containing, before use, a total
of ten percent or more (by volume) of one or more of the above
non-halogenated solvents or those solvents listed in F001,
F002, and F004, and still bottoms fron the recovery of these
spent solvents and spent solvent mixtures.
December 31, 1985 - Page 2 of 2
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RCRA REVISION CHECKLIST 21
Listing of EDB Wastes
51 FR 5330
February 13, 1986
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM- FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTING OF HAZARDOUS WASTE
WASTE FROM
list of "K
§261.32 -
SPECIFIC SOURCES
' waste ' 261.32
Hazardous waste from specific
sources
EPA hazardous Hazardous Waste • Hazard
waste No. . Code
(Organic Chemicals)
(T)
(T)
K117 •. Wastewater from the reactor vent gas scrubber in the
production of ethylene dibromide via bromination of
ethene. _
K118.... Spent adsorbent solids from purification of ethylene
debrcmide in'^'the^roduction™of"ethylene aiDfcmide"via
bromination of ethene.
K136 Still bottoms from the purification of ethylene dibromide (T)
in the production of ethylene dibromide via bromination
of ethene.
APPENDIX III TO PART 261
add compound
Appendix III
Compound Method No.
Ethylene dibromide 8010, 8240
February 13, 1986 - Page 1 of 2
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RCRA REVISION CHECKLIST: . EDB Waste Listing
FEDERAL REQUIREMENT '
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
APPENDIX VII TO PART 261
hazardous constituents
Appendix VII
EPA hazardous
waste No.
Hazardous constituents
for.which listed
K117,
K118.
K136.
.Ethylene Dibronide
.Ethylene Dibromide
.Ethylene Dibromide
February 13, 1986 - Page 2 of 2
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RCRA REVISION CHECKLIST 22
Listing of Four Spent Solvents
51 FR 6541
February 25, 1986
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
WASTES FROM NON-SPECIFIC SOURCES
list of
ii pn
wastes
261.31
§261.31 - Hazardous waste from non-specific sources '_ '
EPA Hazardous Hazard
Waste No. Hazardous Waste Code
F002 The following spent halogenated solvents: tetrachloroethylene, (T)
methylene chloride, trichloroethylene 1,1,1-trichloroethane,
chlorobenzene, l,l,2-trichloro-l,2,2-trifluoroethane, ortho-
dichlorobenzene, trichlorofluorcmethane, and 1,1,2-trichloro-
ethane; all spent solvent mixtures/blends containing, before
use, a total of ten percent or more (by volume) of one or more
of the above halogenated solvents or those listed in F001, F004,
or F005; and sill bottoms from the. recovery of these spent
solvents and spent solvent mixtures.
F005..-........The following spent non-halogenated solvents: toluene, methyl (I,T)
ethyl ketone, carbon disuffide, isobutanol, pyridine, benzene,
2-nitropropane; all spent solvent mixtures/blends containing,
before use, a total of ten percent or more (by volume) of one
. or more of the above non-halogenated solvents or those solvents
listed in F001, F002,.or F004; and still bottoms from the
recovery of these spent solvents and spent solvent mixtures.
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, ETC.
toxic "U" waste
261.33(f)
§261.33(f)
EPA Hazardous
Waste No. Substance
'(add the following compounds in alphabetical order)
U359 .2-Ethoxyethanol
U359 Ethylene glycol monoethyl ether
(change both entries for Hazardous Waste No. U171)
frcm "2-Nitropropane (I)" to "2-Nitropropane (I,T)"; and
from "Propane, 2-nitro- (I)" to "Propane, 2-nitro- (I,T)
February 25, 1986 - Page 1 of 2
-------
RCRA REVISION CHECKLIST: Listing of Four Spent Solvents (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
Table 1
APPENDIX III to Part 261
add constituents .
to Table 1
Appendix III
•
Compound
Method Numbers
2-Ethoxyethanol,
2-Nitropropane.,
.8030,8240
.8030,8240
APPENDIX VII TO PART 261
hazardous constituents
Appendix VII
Appendix VII
EPA Hazardous
Waste No.
Hazardous constituents for which listed
F002 Tetrachloroethylene, methylene chloride, trichloroethylene,
1,1,1-trichloroethane, 1,1,2-trichlonoethane, chlorobenzene,
l,l,2-trichloro-l,2,2-trifluoroethane, ortho-dichlorobenzene,
trichlorofluoromethane.
F005 Toluene, methyl ethyl ketone, carbon disulfide, isobutanol,
pyridine, 2-ethoxyethanol, benzene, 2-nitropropane.
APPENDIX VIII TO PART 261
3 new constituents
AppendixVIII
Ethylene glycol monoethyl ether
(Ethanol, 2-ethoxy)
2-Nitropropane (Propane, 2-nitro)
February 25, 1986 - Page 2 of 2
-------
OSWER Policy Directive
No. 9540.00-1C
APPENDIX D
MODEL FEDERAL REGISTER NOTICES
The model Federal Register notices in this appendix are
designed to announce State authorization decisions and to
codify and incorporate by reference the appropriate State
documents. The models are indicated as follows:
0 Initial Applications
Model A - tentative determination (being developed)
Model B - final determination (being developed)
0 State Program Revisions
Model C - immediate final revision
Model D - proposed revision (being developed)
Model E - final revision (being developed)
Model F - withdrawal of immediate final rule
Model G - codification of previous authorization into
Part 272
The models provided for program revisions, assume that .
the State's final -authorizaiton has been codified in Part 272.
If this is not the case, then Mode]f~G should be used in addition
to the other appropriate revision notice. Model G will establish
the base program codification, and it must be published on or
before the date that the program revision becomes effective.
The revision notice will then amend the appropriate Part 272
language.
D-l
-------
Model C
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
(Insert Name of State); Final Authorization
of State Hazardous Waste Management Program
AGENCY: Environmental .Protection Agency
ACTION: Immediate Final Rule
SUMMARY: State X has applied for (final/interim) authorization
of revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has reviewed State
X's application and has made a decision, subject to public review
'and comment, that State X's hazardous waste program revision
satisfies all of the requirements necessary to gualify for
(final/interim) authorization. Thus, EPA intends to approve
State X's hazardous waste program revisions. State X's application
for program revision is available for public review and comment.
DATES: (Final/Interim) authorization for State X shall
be effective [insert date 60 calendar days after the date of
publication in the FEDERAL REGISTER] unless EPA publishes a
prior FEDERAL REGISTER action withdrawing this immediate final
rule. All comments on State X's program revision application •
must be received by the close of business [insert date thirty
calendar days after the date of publication in the FEDERAL REGISTER]
-------
ADDRESSES: Copies of State X's program revision application
are available during (insert business hours) at the following
addresses for inspection and copying: (insert appropriate State
addresses); U.S. EPA Headguarters Library, PM 211A, 401 M Street,
S.W., Washington, D.C., 20460 Phone: 202/382-5926; U.S. EPA
Region (insert Region number), Library, (insert the address, phone
number, and contact)'. Written comments should be gent to (insert
name, address, and phone number of the appropriate Regional
contact.) .
FOR FURTHER INFORMATION CONTACT: (Insert name, address, and phone
number of the appropriate Regional contact.)
SUPPLEMENTARY INFORMATION: •
A. Background
States with final authorization under Section 3006(b) of
the Resource Conservation and Recovery Act ("RCRA" or "the Act"),
42 U.S.C. 6929(b), have a continuing obligation to maintain a
hazardous waste program -that'is equivalent to, consistent with,
and no less stringent than the Federal hazardous waste program.
In addition, as an interim measure, the Hazardous and Solid Waste
Amendements of 1984 (Public Law 98-616, November 8, 1984,
hereinafter "HSWA") allows States to revise their programs to
become substantially equivalent instead of equivalent to RCRA
requirements promulgated under HSWA authority. States exercising
the latter option receive "interim authorization" for the HSWA
requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g),
and later apply for final authorization for the HSWA requirements.
- 2 -
-------
Revisions to State hazardous waste programs are necessary
when Federal or State statutory or regulatory authority is
modified or when certain others changes occur. Most commonly,
State program revisions are necessitated by changes to EPA's
regulations in 40 CFR Parts 260-266 and 124 and 270.
B. State X
(Insert paragraph briefly describing the State's authorization
history prior to submission of this program revision application.
The following is an example.)
State X initially received final authorization on '
State X received authorization for revisions to its program on
. -On , State X submitted a program revision
-application for additional program approvals. Today, State X is
seeking approval of its program revision in accordance with
40 CFR 271.2Kb) (3) .
/' ' .
EPA has reviewed State X's application, and has made an
immediate final decision that State X's hazardous waste program
revision satisfies all of the requirements necessary to qualify
for (final/interim) authorization. Consequently, EPA intends to
grant (final/interim) authorization for the additional program
modifications to State X. The public may submit written "comments
on EPA's immediate final decision up until (insert date at least
30 calendar days after date of publication in FEDRAL REGISTER).
Copies of State X's application for program revision are available
for inspection and' copying at the locations indicated in the
"Addresses" section of this notice.
- 3 -
-------
Approval of State X's program revision shall become
effective in 60 days unless an adverse comment pertaining to the
State's revision discussed in this notice is received by the end
of the comment period. If an adverse comment is received EPA
will publish either (1) a withdrawal of the immediate final
decision or (2) a notice containing a response to comments which
either affirms that the immediate final decision takes effect or
reverses the decision.
(Insert discussion which summarizes State's X's program revisions.
In addition, you may wish to insert a paragraph directing the
public's attention to certain issues.)
(Insert discussion which describes any major portions of the
State's program which are not part of the RCRA program?-e.g., —
any major State requirements that are broader in scope than
the relevant Federal requirements.)
(Insert discussion of the status of State hazardous waste
permits issued before the State is authorized. It must be
clear what happens, if anything, at the date of authorization.)
>
(Insert a statement as to whether or not"the State is being
authorized to operate in Indian lands.)
C. Decision
I conclude that State X's application for program revision
meets all of the statutory and regulatory requirements established
by RCRA. Accordingly, State X is granted (f inal/in,terim)
authorization to operate its hazardous waste program as revised.
-------
State X now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out other
aspects of the RCRA-program, subject to the limitation of its
revised program application and previously'approved authorities.
State X also has primary enforcement responsibilities, although
EPA retains the right to conduct inspections under Section 3007
of RCRA and to take enforcement actions under Section 3008, 3013
and 7003 of RCRA.
D. Codification in Part 272
EPA uses Part 272 .for codification of the decision to authorize
State X's program and for incorporation by reference of those
provisions of State X's statutes and regulations that EPA will
enforce under Sections 3008, 3013 and 7003 of RCRA. Therefore, '
EPA is amending Part 272", listing State X as Subpart (insert
appropriate Subpart).
COMPLIANCE WITH EXECUTIVE ORDER 12291: The Office of Managment
'and Budget has exempted this rule from the requirements of Section 3
of Executive Order 12291.
CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT: Pursuant
to the provisions of 4 U.S.C. 605(b), I hereby certify that
this authorization will not have a significant economic impact
on a substantial number of small entities. This authorization
effectively suspends the applicability of certain Federal
regulations in favor of State X's program, thereby eliminating
duplicative requirements for handlers of hazardous waste in the
State. It does not impose any new burdens on small entities.
- 5 -
-------
This rule, therefore, does not require a regulatory flexibility
analysis.
LIST OF SUBJECTS IN 40 CFR PART 272: Administrative practice and
procedure, Confidential business information, Hazardous materials
transportation, Hazardous Waste, Indian lands, Intergovernmental
relations, Penalties, Reporting and recordkeeping requirements,
Water pollution control, Water supply.
AUTHORITY: This notice is issued under the authority of
Sections 2002(a), 3006 and 7004(b) of'the Solid Waste Disposal
Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Regional Administrator
•
Dated:
- 6 -
-------
For reasons set forth in the preamble,"40 CFR Part 272 is revised
as follows: .
PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGMENT PROGRAMS
1. The authority for Part 272 continues to read as follows:
Authority; Sees. 2002(a),' 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as.amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
2. Section 272. 1 is amended by revising paragraph(s)
to read as follows:
§272. 1 State-Administered Program: Final Authorization
******
(insert .revised paragraph)
(insert revised paragraph)
(Insert paragraphs similar to 2 above for additional changes.)
- 7 -
-------
Model F
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
State X: Withdrawal of Immediate Final Rule to Authorize
• State Hazardous Waste Program
AGENCY: Environmental Protection Agency
ACTION: Withdrawal of Immediate'Final Rule
SUMMARY: The Environmental Protection Agency gives notice that
the immediate final rule that provided authorization of State X's
program revision pursuant to 40 CFR 271.21(b)(3) has been withdrawn.
EFFECTIVE DATE: [Insert date of publication in FR]
FOR FURTHER INFORMATION CONTACT: (_I_nsert_-_name, address and phone
•
number of the appropriate Regional contact.)
SUPPLEMENTARY INFORMATION: On (insert date of immediate final
rule), EPA issued an immediate final rule .(insert appropriate £R
reference) which approved State X's revision to its hazardous
waste program. The immediate final rule was promulgated pursuant
to 40 CFR 271.21(b)(3).
However, adverse public comment was received during the
public comment period. As a result of the adverse comment,
EPA is withdrawing .the immediate final rule. Therefore, State X's
program revision authorization will not take effect on (insert
effective date) as indicated in the immediate final rule.
- 1 -
-------
(As time allows, insert brief summary of the .adverse comment.)
EPA will consider all comments received regarding the State's
program revision, and will publish its decision to approve or
disapprove the revision in the FEDERAL REGISTER.
CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT:
Pursuant to the provisions of 5..U.S.C. 605(b), I hereby
certify that this action will not have a significant- economic
impact on a substantial number of small entities. it merely
withdraws and postpones a decision .to authorize revisions to
State X's program. This rule, therefore, does not require a
regulatory flexibility analysis.
COMPLIANCE WITH EXECUTIvJEL_QRDER 1.2291:
•
The Office of Management and Budget (OMB) has exempted'this
rule, from the requirements of Section 3 of Executive Order 12291.
PAPERWORK REDUCTION ACT: - • •
Under the Paperwork Reduction Act, 44 U.S.C.. §3501 e.t -seq. ,
Federal agencies must consider the paperwork burden imposed by
any information request contained, in a proposed rule or a final
rule. This rule will not impose any information requirements
upon the regulated community.
LIST OF SUBJECTS IN 40 CFR PART 272:
Administrative practice and procedure, Confidential
business information, Hazardous waste transportation, Hazardous
waste, Indian lands, Intergovernmental relations, Penalties,
- 2 -
-------
Reporting and recordkeeping requirements, Water pollution control,
Water, supply.
AUTHORITY: This notice is issued under the authority of
Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal
Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Regional Administrator
DATED:
-------
Model G
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
HAZARDOUS WASTE MANAGEMENT PROGRAM: Approved State Hazardous
Waste Program for STATE X
AGENCY: Environmental Protection Agency
ACTION: Final Rule
SUMMARY: The Resource Conservation and Recovery Act (RCRA)
authorizes the Environmental Protection Agency (EPA) to grant
final authorization to States to operate their hazardous waste
management programs in lieu of the Federal program. This action
amends Part 272 for codification of the decision to authorize
S~fcate~X's program .and for incorporation by reference of thos.e
provisions of State X's statutes and regulations that EPA will
enforce under Sections 3008, 3013 and 7003 of RCRA.
DATES: The incorporation by reference of certain publications
listed in the regulations is approved by the Director of the
FEDERAL REGISTER as of [insert date of publication in FR] .
FOR FURTHER INFORMATION CONTACT: (Insert name, address and phone
number of the appropriate Regional contact.)
SUPPLEMENTARY INFORMATION:
Background
Section 3006 of the Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. §6926 et. seq., allows the Environmental
Protection Agency (EPA) to authorize State hazardous waste
-------
programs to operate'in the State in lieu of the Federal hazardous
waste program. On (insert date of final determination), EPA
published a FEDERAL REGISTER notice announcing its decision to
grant final authorization to State X (see FR ^_ ).
Since that time EPA has decided to codify its approval
of State programs in Part 272 of Title 40, Code of Federal
Regulations and to incorporate by reference the State statutes
and regulations that EPA will enforce under Sections 3008, 3013
and 7003 of RCRA. Today's codification reflects the State program
that was in effect when EPA granted the State final authorization
under Section 3006(b) and any approved revision since that time.
As appropriate, the CODE OF FEDERAL REGULATIONS will subsequently
be amended to reflect revisions to the authorized. State program.
Until a State X State provision is approved and codified by EPA,
it is not part of the authorized program and will not be enforced
by EPA. Codification will thus provide clearer notice to the
public of the content of the authorized program.
The public needs to be aware, however, that some State
provisions incorporated by reference may in fac't be enforced
solely by the State, and not by EPA. Although "more stringent"
State requirements are part of the authorized program, State
provisions which are "broader in scope" than the Federal program
are not part of the authorized program. (See 40 CFR §271.1(1).)
Therefore, it will not be enforced by EPA. -The State, however,
will continue to enforce such provisions.
-------
A further point concerns the effect of the 1984 RCRA
amendments (the Hazardous and Solid Waste Amendments of 1984
(HSWA) Pub. L. 98-616, Nov. 8, 1984) on authorized State programs.
Section 3006(g) of RCRA provides that any requirement or prohibition
of HSWA (including implementing regulations), takes effect in
authorized States at the same time it takes effect in non-authorized
States. Thus, the HSWA requirement or prohibition supersedes any
less stringent or inconsistent State provision, even if previously
authorized. (See 50 FR 28702, July 15 1985.) Because of the vast
number of HSWA statutory and regulatory requirements taking effect
over the next few years, EPA expects that many previously authorized
and codified State provisions will be affected. Instead of
amending Part 272 every time a new HSWA provision takes effect,
EPA will wait until the~~S"traLe receiv&s—att-tfrorization for its
analogue to the new HSWA provision to amend Part 272. In the
interim, persons wanting to know whether a HSWA requirement is in
effect will need to read 40 CFR §271.1(j), as amended, which
lists each such provision.
Some State requirements may be similar to HSWA requirements
that are in effect. However, no State is authorized to implement
its analogue to a HSWA provision until the Regional Administrator
publishes his final decision to authorize the State for specific
'HSWA requirements.
The codification of State programs should substantially
enhance the public's ability to discern the current status of the
authorized State program. This will be particularly true as more
-------
and more State program revisions are submitted to adopt HSWA
1 • \
provisions'.
In order to codify State X EPA is amending Part 272 to
^ubch'apter I, listing State X as Subparts .(insert appropriate
Subpart). EPA is not proposing today's action since codification
is an .Agency procedure exempted from notice and comment requirements
by 5 U.S.C. §553. Notice and opportunity for comment were provided
earlier on the Agency's decision to approve State X's program.
CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT:
Pursuant to the provisions of 5 U.S..C. 605(b), I hereby
certify that this action will not have a significant economic
impact on a substantial number of small entities. It codifies
the rlpni gionc; already madp ho anhhnr i 7.e> State.X's program and has
no effect on handlers of hazardous waste in the State or upon
small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
COMPLIANCE WITH EXECUTIVE ORDER 12291: .
The Office of Management and Budget -(OMB) has exempted this
rule from the requirements of Section 3 of Executive Order 12291.
PAPERWORK REDUCTION ACT:
Under the Paperwork Reduction Act, 44 U.S.C. §3501 et seq. ,
Federal agencies must consider the paperwork burden imposed by
any information request contained in a proposed rule or a final
rule. This rule will not impose any information requirements
upon the regulated community.
- 4 -
-------
LIST OF SUBJECTS IN 40 CFR PART 272:
Administrative practice and procedure, Confidential
business information, Hazardous waste transportation, Hazardous
waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
AUTHORITY: This notice is issued under the authority of
Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal
Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Regional Administrator
DATEDr
- 5 -
-------
(For example of the following. See 51 FR 3957, January 31, 1986)
For reasons set forth in the preamble, 40 CFR Part 272 is revised
as follows:
PART. 272 - APPROVED STATE HAZARDOUS WASTE MANAGMENT PROGRAMS
1. The authority for Part 272 continues to read as follows:
Authority; Sees. 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
2. The table of contents for Part 272 is revised to read:
SUBPART (insert appropriate letter(s)) - STATE X
272. State Authorization
272. • 1 State-Administered Program: -Final Authorization
272. 2 State-Administered Program: Interim Authorization
272. 3 - 272. [Reserved]
§272. [Amended]
3. §272. (insert appropriate Subpart) is amended to read:
§272. State Authorization
(a) State X is authorized to administer and enforce a
\
hazardous was.te management-program in lieu of the Federal program
under Subtitle C-of the Resource Conservation and Recovery Act
(RCRA). 42 U.S.C. 6921 et.seq., subject to .the Hazardous and
Solid Waste Act Amendments of 1984 (HSWA) (Pub. L. 98-616,
November 8, 1984), 42 U.S.C. 6926(c) and (g). The Federal program
for which a State may receive authorization is defined in 40 CFR
271.9 - 271.17 and 271.21. The State's program, as administered
by the (insert State lead agency) was approved by EPA pursuant to
42 U.S.C. 6926(b) and Part 271 of this Chapter. EPA's approval was
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effective on (insert effective date as indicated in final
determination), (insert appropriate FR reference).
(b) State X is not authorized to implement any HSWA
requirement in lieu of EPA unless EPA has explicitly indicated
its intent to do so in FEDERAL REGISTER notice granting State X
authorization.
(c) State X has primary responsibility for enforcing
its hazardous waste program. However, EPA retains the authority
to exercise its enforcement authorities, including conducting
inspections, under Section 3007 of RCRA, 42 U.S.C. 6927, and
taking enforcement action under Sections 3008, 3013, and 7003
of RCRA, 42 U.S.C. 6928, 6934, and 6973, as well as under other
-F-ede-r-a-1 -taws and -regulations.
(d) State X must revise its approved program to adopt new.
• changes to the Federal Subtitle C program in accordance with
Section 3006(b) of RCRA and 40 CFR Part 271, Subpart A. State X
must seek final authorization for all program revisions pursuant
to the Section 3006(b) of RCRA, but, on a temporary basis, may
seek interim authorization for revisions required by HSWA pursuant
to Section 3006(g) of RCRA, 42 U.S.C. §6929(g). If State X
obtains final authorization for the revised requirements pursuant
to Section 3006(g), the newly authorized provisions will be listed
in § 272. 1 of this Subpart. If State X obtains interim
authorization for the revised requirements pursuant to Section
3006(g), the newly authoriz.ed provision will be.listed in §272. 2.
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§272. 1 State Administered Program: Final Authorization.
Pursuant to Section 3006(b) of RCRA, 42 U.S.C. 6926(b),
State X has final authorization for the following elements as
submitted to EPA in State X's program application and approved by
EPA. .
(a) State Statutes and Regulations. (1) The reguirements
in the State X statutes and regulations cited in this paragraph
are incorporated by reference and made a part of the hazardous
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921
et. seq. This incorporation by reference was approved by the
Director of the FEDERAL REGISTER on [insert date of publication
in the FEDERAL REGISTER]. ' .
(i) (insert reference for statutory authorities that ar-e
part of the approved program under RCRA.)
(ii) (insert reference for hazardous waste rules that are a
part of the approved program under RCRA.)
(2) The following statutes and regulations, although not
incorporated by reference, are part of the authorized State program.
(i) (insert reference for statutory authorities that are not
to be incorporated by reference but are part of the approved
program under RCRA.)
(ii) (insert reference for regulations that are not to be
incorporated by reference but are part of the approved program
under RCRA.)
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(b) Memorandum of Agreement. The Memorandum of Agreement
between EPA (insert appropriate Region) and the (insert State
lead agency), signed by the EPA Regional Administrator on (insert-
appropriate date).
(c) Statement of Legal Authority. (1) "Attorney General's
Statement for Final Authorization", signed by the Attorney General
of State X on (insert appropriate date).
(2) Letter from the Attorney General of State X to EPA,
(insert date(s)) (if any).
(d) Program Description. The Program Description and any
other materials submitted as part of the orginal application or
as supplements thereto.
§272. 2 State-Administered Program: Interim Authorization.
(Insert paragraphs similar' to 272. _1 above. These paragraphs
will, reflect approved program revisions for interim authorization.)
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