oEPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER: 9541.03-85

TITLE: Review of State Statutory Authorities for the
     Hazardous and Solid Waste Amendments of 1984
                APPROVAL DATE:  03/08/85

                EFFECTIVE DATE:  03/08/85

                ORIGINATING OFFICE, osw

                BO FINAL
                D DRAFT

                 STATUS:
            [ ]  A- Pending OMB approval
               B- Pending AA-OSWER approval
               C- For review &/or comment
            [ ]  D- In development or circulating
                REFERENCE (other document*).
                         headquarters
  OSWER      OSWER      OSWER
VE   DIRECTIVE    DIRECTIVE    Dl

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 PART  271   SUBPART  A - FINAL AUTHORIZATION                     DOC:   9541.03(85)


 Key Words:     Equivalency,  Authorized  States,  HSWA,  State  Authorization

 Regulations:

 Subject:       Review of  State  Statutory  Authorities  for  the  Hazardous  and
               Solid  Waste Amendments of  1984

 Addressee:     Hazardous  Waste  Division Directors,  Regions  I-X

 Originator:    Bruce  R. Weddle,  Director,  Permits and  State Programs  division

 Source Doc:    #9541.03(85)

 Date:          3-8-85

 Summary:

     As a  result of  the  Hazardous and  Solid Waste  Amendments of  1984 (HSWA), all
 authorized States  and  States seeking authorization must  revise their programs
 to reflect the new requirements.  To assist States in  this effort, EPA devel- "
 oped a checklist that  contains  the provisions  for  which  statutory authority is
 required.  States  should review all their existing statutory and regulatory
 authority  before deciding whether changes are  necessary  as a result  of HSWA.

     Some  provisions  on  the  checklist  may not  require  legislative amendments,
 others are marked  "optional."   The latter are  cases where  the HSWA is  less
 stringent  than pre-existing  law or where variances and exemptions may  be granted.
 A State does not have  to adopt  the optional provisions if  it wants to  maintain
•a more stringent program under  Section 3009.

     Some  provisions  are marked "potential requirement"  which, depending on
 future EPA action, means a  State may or may not be required  to adopt similar
 authority  in the future.  While States are not required  to seek authority for
 these provisions now,  they may  seek to do so to avoid  returning  to the legislature
 in future years.

     Unless otherwise  indicated, States must have  authority  to implement
 every mandatory requirement  on  the checklist.  To  receive  final authorization
 for the requirement,  the State's authority must be equivalent to, and  no less
 stringent  than, EPA's  authority.  The  Agency urges States  to amend their statutes
 to seek "equivalent,"  not "substantially equivalent,"  authority since  the
 former is what is  required  for  final authorization.  The Agency also advises
 that States enact, where possible, statutory authority encompassing  all (or
 a substantial  number  of) the 1984 Amendments at one time rather than revising
 their statutes in  piecemeal  fashion.

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                                                               9541.03 (85)
             C>v aC
                              MAR
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' i**^**»*««U> twle*.- -
 MEMORANDUM
 BUBJECTt *" Review of State'Statutory Authorities  for
           Hazardous and Solid Waste Amendments of  1984

 FROM:     Bruce R. Weddle';rr?rr:^  :"":"^r:'?;r*  '  Tt;
           Director
 -.         Permits and State Programs Division JWB

.TOi j_^.-__. Hazardous Waste Division Directors	
-----*^~   Regions I-X


      The Hazardous and Solid Waste Amendments of 1984  (HSWA)
 require that all authorized States and  States seeking  author-
 isation revise their programs to  reflect the new requirements.
 The sheer number and impact of HSWA make it  imperative  that
 the States'once again "review "their statutes/* As In'the" ~  -•
 preapplication review for final authorization, EPA can  aid
 in the effort to determine what revisions  are needed by -„•-•
 providing States with a statutory checklist  and  reviewing  it  .
 when completed.  This optional review requires a cooperative
 effort on the part of EPA and the States*  For EPA's party  .._
 the review is the joint responsibility  of  the Regional
 Counsel, the Regional Hazardous Waste Divisions  and_the
 Headquarters Review Teams* *                    '    '' *"  .

 **•••  'The attached checklist is provided to aid States  (both'  *? *
 authorized States and those seeking authorization) in  making
 revisions to their programs as required by HSWA.  This  check-
 list is a list of provisions for  which  statutory authority
 is required and will help in executing  this  review.  Its
 specific use is described more thoroughly  in its introduction.
 In order to meet the requirements of the HSWA, a State  must
 have authority for every requirement of the  checklist,  unless
 otherwise tioted.

      Although the Amendments provide that  States with  provisions
 substantially equivalent to the new requirements may apply  for
 interim authorization ($3006(g)(2)), the States  will ultimately
 need to receive final authorization for these new requirements.
 For final authorization, such authority must be  equivalent  to,
 and no less stringent than, EPA's authority. Because  interim
 authorization under Section 3006(g) is  only  temporary,  we

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 Strongly encourage ART State needing to amend its  statute
 to seek  "equivalent"  versus "substantially equivalent"
 authority.   By doing  so,  the State will not need to  amend
     Ve  also advise  that .the States  enact,  where  possible,  -
 statutory .authority  encompassing  all — or  a  substantial    _
 number «f «-- th«  1984  Amendments  at  one time,  rather  than   ~~
 revising their statutes in piecemeal fashion.   This will
 minimise the possibility of having to return  to the State -  -
 legislature  in the near future to obtain additional statutory
 authority, even though not all of the Mandatory requirements
 on the checklist  must  be adopted  immediately.   The reasons
 for this are self evident*  The timing requirements of  the
 H5WA do  not  necessarily mesh with the calenders of the  legis-
 latures. In addition, delays are inherent  in the legislative
 process.
     ...... 	  _	'-~.~	•	.,	i.,--^!.— -.	      •      — •-
 Specific Guidelines  for Regional  and Headquarters Review

     1.   Regions  should develop priorities  for statutory  ~
 review based on the  frequency and timing of legislative
 sessions in  each  State and State  procedures for filing
 bills*  All  States should  be given a copy of  the  checklist
 BOW, •vea if • particular  Stats is »ot a high priority  for  .;?"
 immediate review. ~~-~'-\     -  --•-••	

~    - 2.   States which  request reviews must  provide to the
 Region a completed copy of the attached checklist* up-to-date
 copies of their hazardous  waste statutes, copies  of any
 other  statutes that  may be invoked  to carry out the hazardous
 waste  program, and information concerning any pending legis-
 lative actions.  (Where the Region has up-to-date State
 statutes on  file, the  State need  not submit new copies.) The
 Region,  in turn,  will  send a copy of the package  to Headquarters
 for a  concurrent  review period.  Headquarters will provide
 comments to  the Region within 30  days of receipt  of the package.
 The Region will consolidate all comments within 15 days.  A
 State  should be able to receive consolidated  comments from
 the Region within a  total  of 45 days from its review  request.

     This checklist  will facilitate  the review process  and
 will provide you  and the States with a reference  for  most of
 the necessary provisions.   You are  encouraged to  work closely
 with the States in order to successfully implement the  HSWA
 in the State programs.  While State  regulatory authority  is
 not addressed in  the checklist, CPA  will try  to accommodate
 State  requests for review  of draft  regulations.  If you have

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 «»7 -.	T^.~- .-^T.--* _=-.-^-. ^^^'^'9^^'SS&f^^^lS^^
 the appropriate" Program Manager  In bur state  Program* ~ "   ***^
      38 2-2210 ^ j»r ^our  ORC JtCJlA  Teaa Leader
"«cr ";lia*artSoui Ha• t« ""Branch ~CS {• f«y R»g ionr'-f-X
   -  ORC RCKA laam L>ad*r*, Jt»qion»-I«X.- . r
           U--  "i  "i	 • %-•» ^.i.'jfc'./V-^'*1^^'-'••••» '• •• *^ • i«^*^^fT»1*S
        •a Fri»d«an, OOCv?.-^*^ --  ,. ^v-^ - ;
      Gail Cooper, OGC  ' x .         "./
      State Prograas Branch,  O8W  -..*":*-

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                                                    MAR   8 1985


              STATUTORY AUTHORITY CHECKLIST FOR THE
         HAZARDOUS AND SOLID WASTE ACT AMENDMENTS OF 1984


Introduction

     As a result of the Hazardous and Solid Waste Amendments
of 1984, Pub. L. 98-618 (Nov. 8,  1984) [HSWA]  amending the
Resource Conservation and Recovery Act,  4_2 U.S.C. §6901  et. seq. ,
all authorized states and all states seeking authorization will
need to revise their programs to  reflect the HSWA.  The  checklist
which follows is provided to guide attorneys and others  in
assessing which changes to the Subtitle  C RCRA program may
necessitate new state legislation.

     States will be able to adopt analogues to many HSWA
provisions and subsequent EPA implementing regulations simply by
making regulatory changes.  For instance, while the HSWA requires
EPA to list specified wastes, any state  with interim or  final
authorization should already have the statutory authority to list
additional wastes.  Similarly, any finally authorized state
should already have adequate statutory authority to require
double liners for landfills since, to receive final authorization,
a state must be able to establish permit requirements for landfills.
Thus, we have not included such HSWA provisions in the statutory
checklist.

     Other provisions are very likely to require state statutory'
amendments, such as the HSWA requirement that corrective action
for all releases at a facility must be included as a requirement
in a RCRA permit, regardless of when the waste was placed in the
solid waste management unit.  All such provisions are included in
the checklist.  However, inclusion of a  provision on this checklist
does not mean that EPA has concluded that all states, or any
particular state, will need to amend their statute's.  States
should carefully review all their existing statutory and regulatory
authority before deciding whether statutory or regulatory changes
are necessary as a result of the  HSWA.

     There are some HSWA provisions which we doubt will
require legislative amendments but which we have included in
the checklist out of an abundance of caution.  The main  example
of this is the prohibition on the land disposal of various
hazardous wastes.  While we believe any  state with authority to
regulate land disposal would probably have the authority to
prohibit land disposal of particular wastes, we have included
provisions like these on the checklist as possibly requiring
legislative amendments.  Another  example is the requirement
that a state have authority to prohibit  the storage of waste
prohibited from land disposal.

     Other provisions are marked  "optional." These are cases
where the HSWA is less stringent  than pre-existing law or
where variances and exemptions may be granted.  If a state
wishes to maintain a more stringent program, as is authorized
by Section 3009, it need not adopt the optional provisions.

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                            - 2 -

     A few provisions are marked "potential requirement."
Depending on future EPA action, a state may or may not need
to adopt similar authority in the future.  States are not
required to seek authority for these provisions now;  however,
if a state wishes to minimize the likelihood that it will
need to return to the legislature in future years, it may
wish to consider seeking authority for the potential require-
ments now.  The major provisions in this area concern EPA's
enhanced enforcement authority under Section 3008.  We have
not listed each change to Section 3008; states wishing to
strengthen their enforcement authority in a similar fashion
should review Sections 232 and 233 of the HSWA amending
Section 3008.  Before states would be required to amend
their enforcement, authority, EPA would need to amend the
state authorization enforcement requirements in 40 CFR §271.16.

     Unless otherwise indicated, states must have authority
to implement every mandatory requirement on the checklist.
To receive final authorization for the requirement, the
state's authority must be equivalent to, and no less stringent
than, EPA's authority.  To receive interim authorization under
Section 3006(g) of the HSWA, a state must have substantially
equivalent authority.  Because interim authorization under
Section 3006(g) is only temporary, we strongly encourage any
state needing to amend its statute to seek "equivalent," and
not "substantially equivalent" authority.  By doing so, the
state will not need to ame.nd its statute twice.

     Not all the mandatory requirements on the checklist must
be adopted immediately.  40 CFR §271.21(e) establishes the
time frame for making statutory and regulatory changes; the
deadlines vary depending on the provision.  Since the purpose
of this checklist is to identify all possible statutory
changes so that states may develop one legislative package
to present to their legislatures, the checklist does not
differentiate among the different time deadlines.

     We strongly recommend that persons using this checklist
familiarize themselves with the pertinent RCRA provisions.
The checklist is an important evaluation tool but it is not
a substitute for the statute.  Further, we add the cautionary
note that, because of the number of regulations EPA will be
adopting in the coming years, we cannot provide any guarantee
that a state which has relied on this checklist may not need
to obtain new statutory authority at some time.  We have
tried to minimize that possibility in preparing this checklist
but we cannot rule it out.  Additionally, this checklist does
not address non-Subtitle C requirements (such as Title VI
requirements on underground storage tanks).

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                          Hazardous and Solid Waste Amc
                                Enacted:  November 8, 1
                                     Public Law 98-616
          'ents of 1984
         ..-t
 Statutory Element
RCRA [HSWA]
    Cite
 Prepared By:
        Date:
 Reviewed By:
        Date:
Coverage
 Y/N
State
Cite
Comment
 RCRA §3001

 1. Authority to regulate the generation,        §3001(d)
    transportation, treatment, stor-             [Sec. 221]
    age and disposal of hazardous waste
    produced by generators of between
    100-1000 kg/month.

*2. Authority to regulate the generation,        §3001(d)
    transportation, treatment, storage and       (Sec. 221]
    disposal of hazardous waste produced
    by generators of less than 100 kg/month.

 3. Optional:  Authority to allow                 §3001(d)
    generators of between 100-1000               [Sec. 221]
    kg/mo to store hazardous waste"
    on-site for up to 180 days
    without a permit or interim
    status.  On-site storage of no
    more than 6,000 kgs may occur
    for up to 270 days without a
    permit or interim status if
    the generator must ship or
    haul the waste over 200 miles.
 * Potential requirement
                                                        -1-

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Statutory Element
  Cite
Y/N
Cite
Comment
4. Required if a State has a delisting
   mechanism:  in any delisting
   action, authority to consider
   factors (including addi-
   tional constituents) other
   than those for which the
   waste was listed, if the State
   has a reasonable hasis to believe
   that such additional factors
   could cause the waste to be
  •a hazardous waste.

5. Required if State has delisting
   authority:  State may not allow new
   temporary delistings without prior
   notice and comment, absent good cause.
   Prior tanporary delistings lapse if
   not made final by November 8, 1986.

RCRA §3002

6. Authority to require generators
   to submit reports and manifest
   certifications regarding efforts
   taken to minimize the amounts
   and toxicity of waste generated.

RCRA §3004

7. Authority to promulgate rules
   requiring evidence of financial
   responsibility for corrective
   action on and off-site.
§3001(f)(1)
[Sec. 222]
§3001(f)(2)
[Sec. 222]
 §3002
[Sec. 224]
§3004(a)(6)
[Sec. 208]
                                                       -2-

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                                              RCRA [RSWA]                 Co -erage        State
Statutory Element	Cite  	Y/N	Cite	Comment

8.  Authority to prohibit the land             §300A(b)-(g)
    disposal of any hazardous waste.            [Sec.  201]
    Land disposal includes, but is
    not limited to, landfills, sur-
    face impoundments, waste piles,
    deep injection wells, land treat-
    ment facilities, salt dome and bed
    formations and underground mines
    or caves.  Deep iniection well
    means a well used for the
    underground iniectio'n of hazardous
    wastes other than a well to which
    §7010(a) of RCRA applies.

        We believe that States already have this  authority through their authority to
        regulate the treatment, storage and disposal  of hazardous waste.  However, if a
        State believes it needs new authority to  ban  a waste from land disposal, we strongly
        recommend that the State seek the broad statutory  authority described above.  This
        recommendation is based primarily on §3004(g)  of RCRA;  Section 3004(g) requires EPA
        to decide whether to prohibit one or more methods  of land disposal for every listed or
        identified hazardous waste by 1990.  Thus,  unless  a State has statutory authority
        to ban the land disposal of any such hazardous waste,  it may need to amend its statute
        repeatedly as EPA decides the status of each  waste.                             /

       If a State decides not to seek or cannot obtain such broad authority, the following list
       breaks down the various HSWA provisions relating to land disposal bans that States will
       need to adopt in the coming months and years:

      *A. Authority to prohibit the disposal of    §3004(b)
          any hazardous waste in salt dome and     [Sec. 201]
          bed formations, underground mines, or
          caves until a §3005(c) permit'is issued.
          In addition, authority to prohibit
          disposal of any bulk liquid hazardous
          waste in salt dome and bed  formations,
          underground mines, or caves until
* Authority over bulk liquid hazardous  waste may be under  a  hazardous waste or  underground
  injection control program as long as  all RCRA requirements are met.

                                                       -3-

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       try Element
RCRA [Hc
    Cit
Coverage
 Y/N
State
Cite
ient
           (1) it is determined, after notice
           and opportunity for hearings on the
           record in the affected area, that
           such placement is protective of
           health and the environment and
           (2) performance and permitting
           standards for such facilities are
           adopted.

        B. Authority to prohibit landfilling
           of bulk or non-containerized liquid
           hazardous waste.

        C. Authority to promulgate regula-
           tions that minimize the land-
           filling of containerized liquid
           hazardous waste and free liquids
           in containerized hazardous wastes,
           and prohibit the landfilling of
           liquids absorbed in materials that
           biodegrade or release liquids
           when compressed.

*E. Authority to prohibit the land disposal,
    including underground injection into
    deep injection wells, of the following
    wastes (including the authority to set
    more stringent concentration levels
    for categories A-E):
        (A) Liquid hazardous wastes,  including
        free liquids associated with any solid
        or sludge, containing free cyanides at
        concentrations greater than or equal
        to 1000 mg/1.
        (B) Liquid hazardous wastes,  including
        free liquids associated with any solid
        or sludge, containing the following metals
      §3004(c)
     [Sec. 201]
      §3004(c)
     [Sec. 201]
     S3004(d),(e),(f)
     [Sec. 201]
    Authority regarding deep injection wells may be under the State's hazardous
    waste authority or its underground injection control authority as long as
    all RCRA requirements are met.

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Statutory Element
Cite
                                                      >w\j
Coverage
 Y/N
State
Cite
Comment
       (or elements) at concentrations greater
       than or equal to those specified below:

           (i) arsenic and/or compounds
               (as As) 500 mg/1
           (ii) cadmium and/or compounds
                (as Cd) 100 mg/1
           (iii) chromium VI and/or
                 compounds
                 (as Cr VI) 500 mg/1
           (iv) lead and/or compounds
                (as Pb) 500  mg/1
           (v) mercury and/or compounds
               (as Hg) 20 mg/1
           (vi) nickel and/or compounds
                (as Ni) 134 mg/1
           (vii) selenium and/or compounds
                 (as Se) 100 mg/1
           (viii) thallium and/or compounds
                  (as Th) 130 mg/1
         (C) Liquid hazardous waste having
             a pH less than or equal to
             two (2.0)
         (D) Liquid hazardous wastes
         containing polychlorinated
         biphenyls at concentrations
         greater than or equal to 50 ppm
         (E) Hazardous wastes containing
         halogenated organic compounds in
         total concentration greater than
         or equal to 1000 mg/kg
         (F) solvents
         (G) dioxins
                                                       -5-

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                                                RCRA
  SET   ory Element
 *F.
  9.
Authority to prohibit the land
disposal of any hazardous waste
which is prohibited from land
disposal under §3004(g) of RCRA.

Optional:  Authority to waive,
until November 8, 1987, a
prohibition on land disposal of
certain hazardous wastes (i.e.,
those designated in //10E above)
that might otherwise apply to
the disposal of'contaminated soil
or debris from CERCIA §104 or
§106 actions or RCRA corrective
actions.
**10. Authority to prohibit disposal
      of nonhazardous liquids in Sub-
      title C landfills unless (1)
      the only reasonable alternative is
      disposal in a landfill or unlined
      impoundment, whether or not subject
      to Subtitle C, that contains  or may
      contain hazardous waste and (2)
      disposal will not endanger an
      underground source of drinking
      water.
                                              Cit
                           Coverage
                            Y/N
State
Cite
lent
§3004 (p,)
[Sec. 201]
   §3004
[Sec. 201]
                                           §3004(c)(3)
                                            [Sec. 201]
  *Because of legal problems with incorporating future EPA regulations by reference,
     States pursuing this option should seek only the authority to ban wastes prohibited
     by EPA rather than seeking to incorporate by reference any EPA land disposal
     prohibition.  As discussed above,  we advise states to seek authority to ban the
     land disposal of any hazardous waste.  However,  some states may wish to seek
     authority to ban land disposal of  only those hazardous wastes for which EPA has
     prohibited land disposal.

  **States should particularly note this requirement.  Since many State statutes pertain only
    to hazardous waste, States are likely to need new authority to regulate the disposal of
    nonhazardous waste at Subtitle C facilities.
                                                         -6-

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Rtc    ory Element
                                              RCRA
Cit.
Coverage
 Y/N
State
Cite
11. Authority to prohibit the storage            §3004(j)
    of hazardous wastes prohibited from         [Sec. 2011
    land disposal.

12. Authority to prohibit the use of             §3004(1)
    waste oil or other materials                 [Sec. 201]
    contaminated with hazardous wastes
    (except ignitable wastes) as a dust
    suppressant.

13. Authority to promulgate standards            §3004(m)
    specifying levels or methods of             [Sec. 201]
    treatment, if any, which sub-
    stantially diminish the toxicity
    of the waste or substantially
    reduce the likelihood of its
    migration so as to minimize threats
    to human health and the environment.

    Optional for //13:  Authority to
    exempt wastes in compliance with
    such levels or methods from the
    land disposal prohibitions.

14. Authority to promulgate rules for             §3004(n)
    monitoring and controlling  air              [Sec. 201]
    emissions at treatment, storage,
    and disposal facilities.

15. Authority to regulate fuel containing        §3004(q-s)
    hazardous waste and all persons who          [Sec. 204]
    produce, burn, distribute, and market
    fuel containing hazardous wastes.

    Comment:  States should not need new
    authority over fuel containing hazardous
    waste but may need additional authority
    over some of the persons or activities
    described above.
                                                       -7-

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 Statutory Element
RCRA f)    ,]
    Cite
Coverage
 Y/N
State
Cite
Comment
 16. Optional:  Authority to exempt
     petroleum coke containing
     hazardous waste from petroleum
     refining from regulation if it
     is is to be burned for energy
     recovery unless the coke
     exhibits a characteristic of
     hazardous waste.

 17. Authority to allow direct action
     against the insurer or corporate
     guarantor if an owner/operator
     is in bankruptcy or reorganization.

      Optional:

      (A)   Authority to allow an
           insurer to claim all rights
           and defenses available to the
           owner/operator.

      (B)   Authority to limit insurer
           liability to the liability
           amount provided  as evidence
           of financial responsibility
           and by contractual agree-
           ment unless the  owner/
           operator acted in bad faith.

*18. Authority to assure that permits
     issued after 11/8/84 require
     corrective action for  releases of
     hazardous waste or constituents
    §3004(q)(2)(A)
    [Sec. 204]
    §3004(t)
    [Sec. 205]
  §3004(u)
 [Sec. 2061
 * Note:  States must have authority to require corrective action for all solid
          waste management units, even though the only unit receiving a permit
          is a deep injection well.   (Ttiis authority may be under a hazardous
          waste or underground injection control program as long as all RCRA
          requirements are met.)
                                                        -8-

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Stau _ory Element
RCRA [H
    Cite
Coverage
 Y/N
State
Cite
Comment
    from any solid waste management
    unit at a facility, regardless
    of when the waste was placed in
    the unit.

19. Authority to require corrective
    action beyond a facility's
    boundary.  Once EPA promulgates
    the regulations required by
    §3004(v), the state must have
    authority to include corrective
    action as a permit requirement.

    Until then, a state may use
    corrective action orders as an
    alternative to imposing corrective
    action in a permit.  Without some
    mechanism for requiring correction
    action beyond a facility's boundary,
    a state may not issue a RCRA permit.

20. Authority to assure that
    permitting standards for
    underground hazardous waste
    tanks, at a minimum, satisfy
    Section 9003, Subtitle I of RCRA,.
    42 USC 9003.

RCRA §3005

21. Optional:  Authority to allow
    a facility to construct an
    approved TSCA facility for
    burning PCBs without first
    obtaining a RCRA permit.  An
    owner/operator may file for
    a RCRA permit to burn hazardous
    waste after construction or
    operation of such a facility
    has begun.
  §3004(v).
 [Sec. 207]
  §3004(w)
 [Sec. 207]
  §3005(a)(3)
  [Sec. 211]
                                                       -9-

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  _                                            RCRA f"^\]                Coverage         State
 St   tory Element	Cu	Y/N	Cite

 22. Authority to review land disposal           §3005(c)(3)
     permits every five years and to             fSec. 212]
     modify them as necessary to assure
     compliance with State's analogue
     to RCRA §§3004, 3005 and to take
     into account improvements in
     technology.

 23. Authority to issue permits                  §3005(c)(3)
     containing any conditions                   [Sec. 212]
     necessary to protect human
     health and environment.

*24. Authority to require that                    §3005(c),(e)
     (i)  for land disposal facilities           fSec. 213]
          qualifying for interim status prior
          to 11/8/84, interim status terminates
          11/8/85 unless a Part B applica-
          tion and certification of compliance
          with applicable ground-water
          monitoring and financial responsi-
          bility requirements are submitted
          by 11/8/85.

 **  (ii) For land disposal facilities
          in existence on the effective
          date of statutory or regulatory
          amendments under the HSUA that
          require the facility to have a
          RCRA permit,  interim status
          terminates 12 months after the
           facility is first required to
 * Note that the state's analogue to interim status must terminate automatically in these cases
   (whether the state's analogue is Part 265 type standards or permits).  If a State statute
   or regulation would require any type of hearing to terminate the facility's operating authority,
   the State must amend its authority to delete that requirement for these provisions.  (Interim
   status as used here means the state's analogue to Federal interim status.)

 **Applicable if State adopts optional authority in //25.

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                                              PCRA
      ory Element
  Ch
Coverage
 Y/N
State
Cite
4iient
          obtain a permit, unless a Part
          B application and certification
          of compliance with applicable
          ground-water monitoring and
          financial responsibility require-
          ments are submitted 12 months
          after the date the facility is
          first required to obtain a permit.

    (iii)  Interim status terminates for
          incinerator facilities by
          11/8/89 unless the owner/
          operator submits a Part B
          application by 11/8/86.

    (iv)  Interim status terminates for
          any facility other than a land
          disposal or an incineration
          facility by 11/8/92 unless the
          owner/operator submits a Part B
          application by 11/8/88.

25. Optional: Authority to allow facilities
    to qualify for interim status if they
    (1) are in existence on the effective
    date of statutory or regulatory changes
    that render the facility subject to the
    requirement to have a permit and (2) meet
    notice and permit application require-
    ments.

26. Authority to require that facilities
    may not qualify for interim status
    under the State's analogue to
    Section 3005(e) if they were
    previously denied a Section 3005(c)
    permit or for which authority to
    operate has been terminated.
53005(e)
fSec. 241]
§3005(c),(e)
[Sec. 213]
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*
                                         RCRA
tory Element
Ci
Coverage
 Y/N
State
Cite
.iment
27. Optional:
    A. Authority to issue a one-year research    §3005(g)
       development, and demonstration           [Sec. 214]
       permit for any hazardous waste
       treatment facility which pro-
       poses an innovative and experi-
       mental hazardous waste treatment
       technology or process not yet
       regulated.  Permits may he
       renewed no more than three times;
       no renewal may exceed a year.

    B. Authority to waive or modify
       general permit application
       and issuance requirements
       for R&D permits, except for
       financial responsibility
       and public participation
       requirements (RCRA §700A(b)(2)) .

    C. Authority to terminate experimental
       activity if necessary to protect
       health and the environment.
       (Mandatory if State adopts R&D
       permitting authority).

28. Authority to require landfills, surface     §3005(i)
    impoundments, land treatment units,        fSec. 2431
    and piles that received waste after
    July 26, 1982 and which qualify for
    interim status to comply with the
    groundwater monitoring, unsaturated zone
    monitoring, and corrective action
    requirements applicable to new units
    at the time of permitting.

29. Authority to require interim status         §3005(1)
    impoundments to comply with the            [Sec. 2151
    double liner, leachate collection,
    and ground-water monitoring requirements
    applicable to new units or stop treating,
    receiving, or storing hazardous wastes.
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                                               RCRA
Statutory Element
 31,
fA]
                         Coverage
                          Y/N
                                                                                      State
                                                                                      Cite
                                                 Comment
§3005(j)(13)
[Sec. 215]
Authority to impose any necessary           §3005(j)
requirements (including double             (Sec. 215]
liners) on an existing surface
impoundment to protect health and the
environment after determining that
hazardous constituents are likely to
migrate into groundwater.

Optional: Authority to mbdify the
double liner, leachate collection,
and groundwater monitoring require-
ments for impoundments in §3005(.1)(i)
if prior to October '1, 1984,
the owner/operator has entered
into a consent decree, order, or
agreement with EPA or an authorized
State which requires corrective action
and provides protection of health and
environment at least equivalent to
that in §3005(j)(l).
 RCRA §3006

 32. Authority to make information obtained     §3006(f)
     on treatment, storage, and disposal        [Sec.  226]
     facilities available to the public in
     substantially the same manner and to the
     same degree as if EPA were running the
     program.

 RCRA §3014
                        *
*33. Authority to promulgate special            §3014(c)
     generator and transporter standards        [Sec.  241]
     for recycled hazardous used oil.
 * Potential requirement:   EPA is planning to list used oil as a hazardous
   waste.  If we do so,  states may need this authority.
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T^  tory Element
RCRA §3015

35. Authority to require new units,
    expansions and replacements of
    interim status waste piles to
    meet the requirements for a single
    liner and leachate collection
    system in current regulations
    applicable to permitted waste
    piles.

36. Authority to require new units,
    expansions, and replacement units at
    interim status landfills and surface
    impoundments to meet the requirements
    for double liners and leachate collec-
    tion systems applicable to new permitted
    landfills and surface impoundments.

    Optional: Facilities which comply
    in good faith need not retrofit at
    permit issuance unless the liner
    is leaking.
RCRA
   C.
Coverage
  Y/N
State
Cite
.nment
34. Optional:  Authority to deem hazardous
    waste used oil recycling facilities
    to have a permit if they comply with
    the State's analogue to the §3004
    standards.  However, a State must
    retain the authority to require
    individual permits if necessary to
    protect human health and the
    environment.
§3015(a)
[Sec. 243]
 §3015(b)
[Sec. 243]
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        jry Element
RCRA ['
   Cit
Coverage
  Y/N
State
Cite
..lent
  RCRA §3018

 *37. Authority to regulate listed or
      identified wastes which pass through
      a sewer system to a publicly owned
      treatment works (POTW) as necessary
      to adequately protect human health
      and environment.

  RCRA §3019

  38. Authority to require permit applicants
      for landfills or surface impoundments
      to submit exposure information.

  39. Authority to make exposure and
      health assessment information
      available to the Agency for
      Toxic Substances and Disease
      Registry.  (See CERCLA §104(0)

  RCRA §§7002, 7003

**40. Optional: Authority to grant
      variances and exemptions that
      are no less stringent than
      allowed by Subtitle C of RCRA.
§3018(b)
fSec. 246]
§30l9(a)
[Sec. 247]
 §3019(b)(1)
[Sec. 247]
  * Potential requirement:  Depending on the result of reports EPA is required to
    prepare under §3018(a), EPA may impose regulations in the future addressing
    hazardous wastes passing through to a POTW.  Such regulations, if adopted,
    may be under RCRA, the Clean Water Act or other authority, and may or may not
    be a State program requirement.

 ** Various HSWA provisions amend RCRA to allow EPA-and the States if they wish - to grant variances
    and exemptions.  In addition to those variances specifically authorized by statute, the HSWA
    allows EPA to develop regulations with variance provisions or to make case-by-case variance
    decisions.  Unless a state is absolutely sure that it will never wish to grant a variance or
    exemption, we strongly recommend states obtain the above authority.

    The States' variance procedures and decision criteria must be no less stringent than EPA's.

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                                                RCRA r^K]               Coverage         State
 ST  -ory Element	CL	Y/N	Cite	..roent

 41. Optional:  Neither the State nor            §7002(g),
     citizens may bring action against          §7003(a)(B)(2)
     common carriers for imminent hazards
     arising after delivery of the
     shipment to the cosignee, pro-
     vided the  carrier exercised
     due care when handling the work.

 RCRA §1004

*42. Authority  to regulate hazardous            §1004(27)
     waste that is radioactive except
     to the extent that the waste
     is source, special nuclear,
     or byproduct material as
     defined by the Atomic Energy
     Act of 1954,  as amended.
     (68 Stat.  923)
 * Ihis is not a HSWA requirement.   Until  recently there had been some controversy about the
   scope of EPA's RCRA authority over radioactive waste.  EPA has now determined that hazardous
   wastes are subject to RCRA if they are  mixed  with source,  special nuclear or byproduct
   material even though source,  special nuclear, or byproduct material itself is not subject
   to RCRA.  Ihus, States will need  to review their authority to ensure that only source, special
   nuclear, or byproduct material is excluded from their hazardous waste jurisdiction.

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