vvEPA
             United States
             Environmental Protection
             Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER: 9542.03(81)
TITLE: 'Universe of Wastes for EPA Permit Activities in States Authorized
   • for Phase I Only (P1G-82-1)
              APPROVAL DATE: il-20-81
              EFFECTIVE DATE: 11-20-81
              ORIGINATING OFFICE:
              0 FINAL
              D DRAFT
               STATUS:

              REFERENCE (other documents):
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P4RT  271  SUBPART B -  INTERIM AUTHORIZATION
                                                 DOC:  9542.03(81)
Key Words:

Regulations

Subject:


Addressee:

Originator:


Source Doc:

Date:

Summary:
 Authorized States

 40 CFR 271.121 (i)(2);  271.128  (a);  264.1; 265.1

"Universe of Wastes  for  EPA Permit  Activities  in States Authorized
 for Phase I Only (P1G-82-1)

 Program Implementation  Guidance Addressees

 Christopher J. Capper,  Acting Assistant Administrator for Solid
 Waste

 #9542.03(81)

 11-20-81
     A State must control a universe of waste that is "nearly identical" to
the universe of waste in the Federal regulations in order to be granted interim
authorization.  The wastes identified or listed by both EPA and the State are
considered part of the State's authorized RCRA program; they are the universe
of hazardous waste for purposes of Federal activities in that State.
                                                                            •S
     EPA's permitting authority in States with Phase I interim authorization- is
limited by the States authorized universe, for those States with Phase I authority
only, (or those with parts of Phase II authority), EPA may issue permits only
to those facilities handling wastes defined as hazardous by the State's authorize
programs.

     The memo further explores the scope of EPA's permitting activities in
regard to authorized States1 universes of wastes.  The memo notes that with
regard to a waste defined as hazardous by EPA but not by the authorized State,
a facility handling such waste would not require a RCRA permit or interim
status to handle that particular waste until the State has listed that waste.

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                                                             9542.03 (81)
     i        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

-BL1|.(1— j                    WASHINGTON. D.C. 20460
                             NOV 20 IS3!
                                                         OFFICE OF
                                                SOLID WASTE ANO 6MERG8NCY RESPONSE
                                             PIG-82-1
   MEMORANDUM

   SUBJECT:   Universe of Wastes for EPA Permit Activities
              inStates Authorized for Phase I Only
   FROM:
              Acting Assistant Administrator (WH-562-A)

   TO:         PIG Addressees


   Issue

       What is the universe of wastes which EPA will use to carry
   out  permit activities in a State which has been granted  interim
   authorization for Phase I, but has not yet obtained authorization
   for  Phase II of the Federal program?

   Discussion

       Since May 19,  1980, regulations promulgated under the Re-
   source Conservation and Recovery Act (as amended) have provided
   a  Federal program of -hazardous waste management using the universe
   of wastes delineated in 40 CPR Part 261.

       The decision to grant interim authorization to a State  pro-
   gram is contingent, in part, on a State's ability to control a
   universe ofpwistes which is "nearly identical*  (40 CFR 123. 128(a))
   to that in^i&ii|.,Federal regulations^   The near-ly identical universe
   delineatedi||rj^?i State may (during interim authorization) ex-
   clude  some 60 the wastes in the Federal universe if those
   wastes.are not handled in that State.   Conversely, the universe
   of wastes as defined by a State may be more inclusive than the
   Federal universe (40 CFR 123. 121(g) (1) ).  J!PVjs_autnori2ation

  "universe which overlaps with the federal universe  (40 CFR

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