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
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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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