v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.08(84)
' Radioactive Waste Exemption In North and South Carolina
APPROVAL DATE: 9-13-84
EFFECTIVE DATE: 9-i3-84
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
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PART 271 SUBPART A - FINAL AUTHORIZATION DOC: 9541.08(84)
Key Words: Radioactive Wastes, Equivalency
Regulations: 40 CFR 261 Subparts C and D
(
Subject: Radioactive Waste Exemption in North and South Carolina
Addressee: Charles R. Jeter, Regional Administrator, Region IV
Originator: Lee M. Thomas, Assistant Administrator
Source Doc: #9541.08(84)
Date: 9-13-84
Summary:
Although State hazardous waste statutes exempt radioactive materials, the
State can still receive final authorization based on the following:
I) There are three categories of radioactive wastes: source, special
nucLear and by-product materials defined by the Atomic Energy Act (AEA) and
excluded.from the definition of solid waste in RCRA and therefore not
regulated by EPA or authorized States.
2) Mixed wastes — wastes which consist-of source, special nuclear, or
by-product material and RCRA hazardous waste are regulated under RCRA. EPA
recently determined that RCRA authority extends to these mixed wastes and is
working with the Department of Energy to determine how best under RCRA and AEA
to implement the authority. States need not revise their programs to regulate
mixed wastes since EPA must resolve some definitional issues. States, however,
may want to change their programs to obtain legal authority to regulate mixed
wastes.
3) Radioactive wastes outside of the source, special nuclear or by-product
universe such as naturally occurring radio-nuclides and accelerator-produced
radioisotopes are hazardous if they are listed in 40 CFR Part 261, Subpart D, or
when they exhibit any characteristic identified in Part '261, Subpart C. To
date, no such wastes are listed in Part 261 and no wastes are known to exist
that exhibit a characteristic. However, States should be advised to obtain
jurisdiction over this category in the event they become listed or exhibit a
hazardous characteristic.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 9541.08 (84)
WASHINGTON D.C. 23460
SCLiO WASTE A
MEMORANDUM:
SUBJECT: Radioactive Waste Sxemotion in North and South
FROM: ^.ee M. Thomas
Assistant Administrator
TO: Charles R. Jeter
Regional Adminstrator
Region IV.
Thank you foe your memorandum of July 11 regarding the
exemption of radioactive materials in North and South Carolina's
hazardous waste statutes. You asked whether their programs
could be authorized with these exemptions. The answer is yes
for the reasons described below.
On February 21 I wrote to Regional Administrator Ernesta
Barnes on the subject of State regulation of radioactive waste's.
In that memorandum I explained that there are three categories
of radioactive waste. The first category - source, special
nuclear and by-product materials defined by the Atomic Energy
Act - is excluded from the definition of solid waste in RCRA;
therefore, RCRA does not provide authority for us to regulate
these wastes as hazardous waste and we do not require authorized
States to do so. The second category is "mixed" waste; i.e.;
those wastes which consist of source, special nuclear or by-
product material and RCRA hazardous waste. At the time of my
writing, we had not determined the extent of E?A's authority
over such wastes, and therefore did not require States to have
jurisdiction over or regulate "mixed" wastes. The final category
consists o£.radioactive wastes outside of the source, special
nuclear or by-product universe such as naturally-occurring radio-
nuclides and accelerator-produced radioisotopes. Such wastes are
also hazardous if they are listed in 40 CFR Part 251, Subpart D,
or when they exhibit any characteristic identified in Part 261,
Subpart C.
North and South Carolina's laws do hot extend the full range
of RCRA controls over this last category of radioactive hazardous
wastes. A question has arisen about whether any of these wastes
in fact exist. Since no wastes currently listed in Part 261,
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Subpart D, are radioactive, we focused on whether there are any
naturally-occurring or accelerator-produced wastes that exhibit a
Subpart C characteristic. After checking with the Office of
Radiation Programs, which has consulted with the regulated corrunu-
nity and research organ.izatio.ns, . we have determined that no such
wastes are known to exist-{copy -of memorandum attached). From
this determination we now conclude that it is inappropriate to
require States to demonstrate control over this hypothetical
category of wastes' to obtain final authorization. Accordingly,
North and South Carolina need not amend their statutes to obtain
final authorization.
•
I also wish to apprise you of recent developments in the area
of those mixed wastes which consist of source, special nuclear, or
by-product material and RCRA hazardous waste. Since issuance of
the February 21 memorandum, we have determined that RCRA authority
does extend to these mixed wastes. We are now working with the""
Department of Energy to determine how best, under RCRA and the
Atomic Energy Act, to implement this authority. States need
yet revise their programs to regulate mixed wastes since EPA must
still resolve some definitional issues. However, you may wish to
advise them of this development, should they wish to initiate
changes in their programs to obtain legal authority to regulate
mixed wastes. At that time we would also advise States to obtain
jurisdiction over the third category of non-excluded radioactive
and hazardous waste in the future event that a non-excluded radio-
active waste is listed or we discover that such a waste exhibits a
hazardous characteristic. Once we have defined our implementation
program, we will work with the Regional Administrators to guide
States in revising their programs as required by 40 CFR §271.21.
In the meantime, EPA is responsible for implementing the RCRA v
program with respect to mixed wastes.
I appreciate you bringing this situation to my attention.
Please let me know if you have further questions.
Attachment
cc: Regional,Administrator, Regions I-III and V-X
Reg ional-'Hazardous Waste Division Director, Regions I-X
Regional Counsel, Regions I-X
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
AUG1 1884
Existence of Hazardous Non-Excluded Radioactive Wastes
* Waste Management Standards Branch
Criteria & Standards Division (ANR-450)
TO John H. Skinner, Director
Office of Solid Waste (WH-562B)
THRU: Richard J. Guiaond, Director..
Criteria, and Standards Division (
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Federal Register / Vol. 49. No. 208 / Thursday. October 23. 1984 / Proposed Rulea 42959
,0 CF« Part 271
lOSWER-*-fBU-270 2-4 J
South Carolina; Final Authorization of
Stata Hazardous Waat» Management
Program
AGENCY: En vironrnenttf Protection
Agency. ''•
ACTION: Notice of tentative
determination on application of South
Carolina for final authorization, public :.
hearing, and public comment period.
SUMMARY: South Carolina ha* applied
for Final Authorization under the
Resource Conservation and Recovery
Act (RCRA). The Environmental
Protection Agency (EPA) hai reviewed
South Carolina's application and has
made the tentative decision that South
Carolina's hazardous waste program
satisfies all of the requirements
necessary to qualify for Final
Authorization. Thus. EPA intends to
grant Final Authorization to the State to
operate its program in lieu of the federal
program. South Carolina's application .
for final authorization is available for
public review and comment and a
public hearing will be held to solicit
comments on the application if
significant public interest is expressed.
OArc: If significant public interest is
expressed in.holding a hearing, a public
hearing is scheduled for 7:00 p.m..
Tuesday. November 27.1984. EPA •
reserves the right to cancel the public
hearing if significant public interest in
holding a hearing it not communicated
(o EPA by telephone or in writing by
November 22.1964. EPA will determine
by November 23.1984. whether there is
significant interest to hold the public
hearing. South Carolina-will participate
in the public hearing held by EPA on
this subject if a hearing is to be held. All
written comments on the South Carolina
Final Authorization application must be
received by the close of business on
November 22.1984.
AOOMKSSCS: Copies of South Carolina's
Final Authorization application are
available from 8:00 a.m. to 4:30 pjn. at
the following addresses for inspection
and copying:
Bureau of Solid and Hazardous Waste
Managment Branch, Snth Carolina
Department of Health and
Environmental Control 2800 Bull
Street. Columbia. South Carolina
29201. Contact: Robert E> Maipasa,
(803) 758-5681:
Environmental Protection Agency.
Regional Office Library. Room 121.
345 Courtland Street N.£~ Atlanta.
Georgia 30383. Contact Carolyn
Mitchell (404) 881-4218:
U.S. Environmental Protection Agency.
Headquarters Library, PM-211A. 401
M Street. S.W.. Washington. DC
204601 (202) 382-5928.
Written comments on the application
and written or telephoned
communication of interest in EPA's
holding a public hearing on the South
Carolina application must be sent to:
Allan E. Antley. Chief. Waste Planning
Section. U.S. EPA. 34S Courtland Street
N,L Atlanta. Georgia 303851. (404) 881-
3018.
If you wish to find out whether or not
EPA will hold a public hearing on the
South Carolina application based upon
EPA's decision that there was
significant public interest in such a
hearing, write or telephone after
November 23.1984, the EPA contact
person listed below, or telephone Mr.
Robert E. Malpass. Chief. Bureau of
Solid and Hazardous Waste
Management South Carolina
Department of Health and
Environmental Control 2600 Bull Street.
Columbia. South Carolina 29201.
If significant public interest is
expressed. EPA will hold a public
hearing on South Carolina's application
for Final Authorization on Tuesday.
November 27.1984. at 7:00 p.m. at
Peoples Auditorium. Sims Building, 2800
Bull Street Columbia. South Carolina.
POM niftTHCM INFORMATION CONTACT:
Allan E. Antley. Chief. Waste Planning
Section. Environmental Protection
Agency. 345 Courtland Street N.E~
Atlanta. Georgia 30385, (404) 381-3018.
SUPPUMINTAMY INFORMATION:
A. Background
Section 3008 of the Resource
Conservation and Recovery Act (RCRA)
allows EPA to authorize the State
hazardous waste programs to operate in
the Stata in lieu of the federal hazardous
waste program. Two types of
authorization may be granted. The first
type, known as "Interim Authorization."
is a temporary authorization which is
granted if EPA determines that the State
program ia "substantially equivalent" to
the federal program (Section 3008(c). 42
U.S.C. 8228(c)). EPA's implementing
regulations at 40 CFR 271.121-271.137
established a phased approach to
Interim Authorization: Phase L covering
the EPA regulations in 40 CFR Parts 260-
283. and 285 (universe of hazardous
wastes, generator standards, transporter
standards, and standards for interim
status facilities), and Phase Q. covering
the EPA regulations in 40 CFR Parts 124.
284. and 270 (procedures and standarda
for permitting hazardous waste
management facilities).
Phase IL in turn, has three
components. Phase U A covers general
permitting procedures and technical
standards for contamen and tanks.
Phase Q B covert permitting of
incinerator facilities, and Phase Q C
addresses permitting of landfills, surface
impoundments, wastepiles. and land
treatment facilities. By statute, all
Interim Authorizations expire on
January 26.1985. Responsibility for the
hazardous waste program returns
(reverts) to EPA on that date if .the State
has not received Final Authorization, as
described below.
The second type of authorization is a
"Final" (permanent) Authorization that
is granted by EPA if the Agency Bnds
that the State program (1) is
"equivalent" to the federal program. (2)
ia consistent with the federal program
and other State programs, and (3)
provides for adequate enforcement
(Section 3006(b). 42 U.S.C. 0228(b)).
States need not have obtained Interim
Authorization in order to qualify for
Final Authorization. EPA regulations for
Final Authorization appear at 40 CFR
271.1-271.23.
B. South Carolina
The State received Interim
Authorization for Phase I on February 2.
1981. Interim Authorization for Phase 0.
Components A and B. on November 3,
1982. and Component C on December ft.
1983. On April 21.1984. the State
submitted a draft application for Final
Authorization. The complete application
for Final Authorization was submitted
on July 23.1984. Prior to submission of
the application to EPA, South Carolina
solicited public comments and held a
public hearing on June ft. 1984. The State
received no written comments. There
also were no attendees at the hearing.
and consequently, one was not held.
EPA's comments on the final application
were forwarded to the State on August
28.1984.
The comments requested South
Carolina demonstrate that naturally-
occurring and accelerator-produced
radioactive wastes are regulated under
the South Carolina Radiation Protection
Act in a manner equivalent to RCRA.
These wastes are hazardous if they are
listed in 40 CFR Part 281. Subpart D. or
when they exhibit any characteristic
identified in Part 281. Subpart C. The
Attorney General was asked to
demonstrate that the State baa the
authority to prosecute criminally any
person who makes a false statement or*
representation in any document used for
program compliance. The State was
asked to provide detailed information on
their compliance and enforcament
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/ rroposea nuies
prtv- .-dures in the Program Description
and 10 alter tha MOA to conform to
guidelines on permitting.
South Carolina law was amended to
extend the full range of RCRA control
over naturally-occurring and
accelerator-produced radioactive
wastes.(in addition EPA ••• determined.
through'consultation with Deregulated
community and research offuizationa.
that no such wastes are known to exist
By letter dated September 13.1964. the
Attorney General satisfactorily
demonstrated the State possessed
authority to prosecute criminally any
person who makes a false
representation in any document used for
program compliance. The Stale also
provided revision* in the Program
Description and the MOA. respectively.
regarding compliance/enforcement
procedures and permitting
commitments.
The Bureau of Solid and Hazardous
Waste Management of the South
Carolina Department of Health and
Environmental Control has been
evaluated to determine its capability to
conduct a quality hazardous waste
program. The State has experienced
difficulty in meeting its grant
commitments for issuing permits and in
compliance and enforcement actions.
The State has agreed to improve
processing practices and procedures for
the work load increase projected for
permitting for the next several years.
They have adopted EPA's enforcement •
policy on late and deficient Part B's.
They are instituting enforcement
practices that will be equivalent to
EPA's Enforcement Response Policy.
EPA's final determination on granting
authorization will be based on the
State's ability to meet the above '
commitments and correct other program
deficiencies which are delineated in the
Letter of Intent
FIM h.n reviewed South Carolina's
app!>.:.-if: -i. and has tentatively
determined that the State's program ^
meets ail of the requirements necessary*
to qualify for Final Authorization.
Consequently. EPA intends to grant
Final Authorization to South Carolina.
Copies of South Carolina's application
*re available for inspection and copying
?'. the locations indicated fas the
AGGRESSES section of this nolle*.
EPA will consider all pubUe comments
on its tentative determination. Issues
raised by those comments may be the
basis for a decision to deny Final
Authorization to South Carolina. EPA
expects to make a final decision on
whether or not to approve South
Carolina's program by January 22.1984,
and will give notice of it in the Federal
Register. The notice will include a
summary of the reasons for th« final
determination and a response to all .
major comments.
Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C.
60S(B). I hereby certify that this
authorization will not have significant
economic impact on a substantial
number of small entities. The
authorization suspends the applicability
of certain Federal regulations in favor of.
•the State program, thereby eliminating
duplicative requirements for handlers of
hazardous wastes in the State. It does
not impose any new burdens on small
entities. This rule, therefore, does not
require a regulatory flexibility analysis.
Executive Order 12291
The Office of Management and Budget
(OMB) has exempted this rule from the
requirements of Section 3 Executive
Or -it 12291.
List 01 5ubj'- -j in 40 CFR Part 271
Hazardous materials. Indian-lands,
Reporting and record keeping
requirements. Waste treatment and
disposal. Water pollution control. Water
supply. Intergovernmental relations.
Penalties. Confidential business
information.
Authority: This notice ia issued under the
authority of Sections 2002(4). 3008. and
70041 b| of the Solid W«at» OiipoMl Act ••
amended by iht Resource Conierverton and
Recovery Act of 1970. la amended. 42 U.S.C
a912(a). 6028. and 6874(61. EPA Delegation 0-
7.
Dated: September 24 1984.
Ch*rU« R. Jatar.
Regional Administrator.
;n One. M>IUOI r<\»t i*-z*-«4. au ••)
SILUM COOC IMO-tt-M
40 CFR Part 721
(OPTS-S031* TSH-f m.-2620-JJ
((OfnUrapnenyOAzoH2.4>OUmino-5>
Metric ry benzene] Derivative*;
Proposed Determination of. Significant
New Uses
ACCNCV: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMUAMY: EPA is proposing a significant
new use rule (SNUR) under section
S(a)(2) of the Toxic Substances Control
Act (TSCA) for substances which were
the subject of premanufacture notices
(PMN) P-83-817 and P-83-818.
DATES: Written comments should ba '
submitted by December 24.1984.
Aooflcsas Since some comments are
expected to contain confidential
business information, all comments
should be sent in triplicate to: Document
Control Officer (TS-r93). Office of Toxic
Substances. Environmental Protection
Agency. Rm. E-W9, 401 M St. SW,
Washington. D.C. 20460.
Comments should include the dockat
control number OPTS-50519. Non-
confidential versions of comment*
received on this proposal will be
available for reviewing and copying
from 8:00 a.m. to 4:00 p.m, Monday
through Friday, excluding holidays, in
Rm. E-107. at the address given above.
For further information regarding the
submission of comments containing
confidential business information see
unit XI of tha preamble. .
POM •UMTMCII INFOftMATIOM CONTACT:
Edward A. Klein. Director. TSCA
Assistance Office (TS-799). Office of
Toxic Substances, Environmental
Protection Agency, Rm. E-643. 401 M St.
SW_ Washington. O.C 20460, ToQ free:
(800-424-9086}'. In Washington. D.C:
(554-1404). Outside the USA: (Operator-
202-654-14041
»us*uiif IMTAJIY MFOKMATIOIC OMB
Control Number 2070-0012.
f . •
L Authority'
Section 5(a)(2) of TSCA authorizes
EPA to determine that a use of a
chemical substance is a "significant new
use." EPA must make this determination
by rule, after considering all relevant
factors, including those listed in lection
5(a)(2). Once a use is determined to be a
significant new use. persons must, under
section S(a)(l](B). submit a notice to.
EPA at least 90 days before they
manufacture, import, or process the
substance for that use. Such a notice is
subject to the same requirements and
procedures as a PMN submitted under
section 5(a)(l)(A) of TSCA which are
interpreted at 40,CFR Part 720 published
in the Federal Register of May 13.1983
(48 FR 21722). In particular, these
include the information submission
requirements of section 5{b)
certain exemptions authorized by
section 5(h), and the regulatory
authorities of section 5 (e) and (f). If EPA
does not take regulatory action under
section 5. 8, or 7 to control activities on
which It has received a SNUR notice.
section J(gJ requires the Agency to
explain in the Federal Register its
reasons for not taking action.
Substances covered by proposed or
final SNURS are subject to tha export .
reporting requirements of TSCA section
12(b). EPA regulations interpreting > •
section 12(b) requirements appear at 40
CFR Part 707. Substances subject to
final SNURs are subject to TSCA
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