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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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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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
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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
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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]
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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.
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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
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>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
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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.
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Rtc ory Element
RCRA
Cit.
Coverage
Y/N
State
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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.
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Statutory Element
RCRA f) ,]
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Coverage
Y/N
State
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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.)
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Stau _ory Element
RCRA [H
Cite
Coverage
Y/N
State
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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]
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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
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.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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