v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.03(84)
TITLE:
on Authorized State of Recent Addition of a Haste Stream
§40 CFR 261,31
APPROVAL DATE: 4-16-84
EFFECTIVE DATE: 4-16.84
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE Di
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PART 271 SUBPART A - FINAL AUTHORIZATION
DOC: 9541.03(84)
Key Words: Equivalency, Changing Federal Regulations, Authorized States
Regulations: 40 CFR 261.31, 271.21
Subject: 'Effect on Authorized State of Recent Addition of a Waste Stream
toV40 CFR 261.31
Addressee: Thomas P. Elchler, Regional Administrator, Region III
Originator: Lee M. Thomas, Assistant Administrator
Source Doc: #9541.03(84)
Date:
Summary:
4-16-84
The promulgation of Federal regulations adding wastes to the list con-
tained in 40 CFR 261.31 broadens the universe of wastes subject to regulations
under RCRA and affects regulation development in the States (§271.21). Within.
a year of the date EPA promulgates new regulations (or two years, if the State
must amend or enact a statute in order to make the required revision), the \
State is required to: (1) establish equivalent control over these wastes, and
(2) notify the Regional Administrator in writing that the controls are in
effect.
The State is required to submit documentation (§271'.21) which EPA deems
necessary to assess and approve the State program revision. Neither the State
nor EPA is required to provide for public comment or hearing on the impact of
this revision on the State's authorization.
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9541.03 (8
APR ! 6 i£34
SUBJECT:
FROMt
TOt
Pecont Addition of a »asto Strean to 40 CF'r» 701.31
/•/ Jack f. itcGra»-r--/
Lee M. Thonag £'
Assistant AdMnintrator
Thomas P. eichler " ' •
Regional Adninistrator, Region III (3P.AQO)
At 49 Pj» 5308 (February in, 1934), the Agency published a
regulation which lists a generic group ct wastes generated -
during tho »panufacture of. chlorinated aliphatic hydrocarbons.
This waste listing is additive to those wastes listed in
40 CF?. 2S1.31 (i.o.r waato frcs« non-specific scurcos) and,
therefore, broadens the universe of waste subject to regulation
the federal hazardous waste management program.
As provided in '40
regulation development
in your Region because
February 10, 1(»35, (or
CP?? 271.21, this promulgation a*ffoct.f
in the States. This is of social concern
Delaware has final authorization. By
by February 10, 1086, if tne State rsust
or enact a statute in order to =»ake the required revision)
Delaware is required to: (1) establish equivalent control ov«?r •
these wastes, and (2) notify the Regional Adninistrator in writing
that tho controls are in offset.
Especially since c«uch of the chlorinated aliphatic hydrocarbon
waste is already* listed In 40 CFR 2A1.32, the Agency does not
consider State program modifications in rasyo.na« to this generic
listing to bo •substantial" revisions under 40 CFP. 27 1. 2Kb).
For cor»pari»^ij|:4n CPR 261.32 regulates approxisitoly 1,509,000
metric tons^in^ibnally of chlorinated aliphatic hydrocarbons,
while the i^if^goneric listing will add only approximately 73,COO
metric '
Under section 271.21, the State ia required to submit
documentation which EPA deews necessary to assess and approve
the State program revision. In this caso I suggest that the
State Director need only submit a copy of tho State legal authority
(e.g., anondft«l statute and/or regulations) which establishes
control over these wastes and specify the effective date. You
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isay approve Delaware 'a program revision by return lotter to the
State Director without Headquarters1 concurrence. Unrter the
provisions of C2.7l.21r neither the State nr.r E?A is required to
provide for^.public comment or hearing on the inpact of this
rovision'Ofifthe State's authorization. Vo would appreciate
receiving -al^acpy of the approval letter and revision documents.
The letter and documents should also be filed in the Region's
•Authorisation File" (see page 1.4-14 o* the Final Authorization
Guidance Manual).
• Should your staff have further cn'oatiens on the a?r,ltcability
of 40 CP? 271.21 and the aliphatic hydrocarbons rule* they should
feal free to call Tru«tt DeOenra of th« office of solid '.i-^cte at
8-382-2210. (Copies of the approval letter and revision docur.ont.3
discussed nbovo should be forwarded to bin.)
cct Hazardous Waste Division Directors , Regions I-X
John Skinner
Bruce Neddie
Stata programs Branch
C03s:nan:NH-563-3:S-25*»332-2210:3/12/34
basrsan disk » OS1 (aide 2)* index 9
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