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): OSWER OSWER OSWER /£ DIRECTIVE DIRECTIVE Di ------- 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. ------- 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 ------- |