United States Office of Final Reoort
environmental Protaction Resources Managemant Aoril, 1980
Agency Wasnmgton, DC 20460
v>EPA Operations/Resource
impact Analysis
RCRA Subtitle C
What Resources Do EPA and States Requirejo
Implement the Regulations Promulgated under
Authority of Subtitle C of the Resource
Conservation and Recovery Act of 1976?
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Notice
The attached document was prepared with contractor
assistance under the guidance of EPA. It is printed here
largely as received from the contractor; the Agency has
not yet completed reviewing it.
The reader should be aware that this analysis projects
the resource impacts on the Agency and States to conduct a
full regulatory program. The general status regulations
which will be incumbent upon treatment, storage, and disposal
facilities have not been promulgated. (These are scheduled
for late 1980. ) As a result, this analysis was based on
projections as to the type and level of activities which
will be required. Upon promulgation of the general status
regulations, the Agency will again review this study to
determine the impact of any changes.
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RCRA SUBTITLE C
OPERATIONS/RESOURCE IMPACT AMALYSIS
What Resources Do EPA and States Require to
Implement the Regulations Promulgated under
Authority of Subtitle C of the Resource
Conservation and Recovery Act of 1976?
Program Analysis Division
Office of Resources Management
Office of Planning and Management
U.S. Environmental Protection Agency
April 1980
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PREFACE
The U.S. Environmental Protection Agency is issuing regulations
under Subtitle C of the Resource Conservation and Recovery Act
(RCRA). These regulations establish a comprehensive system for
the environmentally safe management of hazardous waste, including
its transportation, treatment, storage, and disposal. The regu-
lations will be promulgated by the end of April 1980, and become
effective six months after promulgation.
Usually, the lead office writing a regulation prepares a complete
decision package for the Administrator. The decision package
must meet the requirements of Executive Order 12044 and contain
an analysis of alternatives, supporting documents quantifying
the anticipated effects of the regulation, a preamble, and the
regulation itself. However, because of the complexity of the
Subtitle C regulations and the limited time available before the
promulgation deadline, the Office of Planning and Management
(0PM) offered to help the Offices of Solid Waste and Enforcement
develop several portions of the decision package. This document,
the Operations/Resource Impact Analysis (ORIA), is one product
of 0PM's assistance. The ORIA is a part of the Administrator's
decision package, and a summary of the ORIA will be published in
the Federal Register.
The purpose of an ORIA is to define the key activities and asso-
ciated expenditures necessary to implement a regulation. Included
are explicit statements about the roles and relationships of
federal and State agencies, schedules for implementation, an
estimate of resources required, and the proposed source of these
resources. This information helps Agency decision makers evaluate
the benefits and costs of alternative strategies and reduces the
risk of promulgating a regulation without the resources to
implement it. The description of activities and responsibil-
ities will also help federal, State, and local officials and
the public understand EPA's hazardous waste management program.
The ORIA was prepared by the Program Analysis Division (PAD),
Office of Resources Management, under the direction of
George Alapas, Acting Division Director. PAD used information
on program activities and resource requirements provided by the
Offices of Solid Waste and Enforcement. The ten regional offices
and several headquarters offices reviewed earlier drafts (February
and March 1980) and made many helpful suggestions. This edition
(April 1980) is basically identical to the March document. The
few changes are primarily editorial in nature.
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TABLE OF CONTENTS
PAGE
Preface i
List of Exhibits v
Executive Summary vii
I. Introduction.
II. EPA Strategy.
General Overview 5
Identification and Listing of Hazardous Wastes 7
Research 7
State Authorization 8
Notification 10
Manifest System 11
Preliminary Facility Standards 11
Hazardous Waste Permits 12
Compliance 12
III. State Activities and Resource Requirements 15
Program Administration 20
Manifest System 28
Hazardous Waste Permits 31
Compliance 33
IV. Regional Office Activities and Resource Requirements.. 39
Program Administration 39
Assistance in State Program Development 41
Manifest System 49
Facility Permitting 51
Compliance 58
V. Availability of Personnel 67
Implementation Requires a Variety of Skills 67
State Programs Must Increase in Size 69
Regional Programs Will Increase in FY 1981 69
111
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LIST OF EXHIBITS
PAGE
RCRA Implementation Calendar 13
Table 1 Assumptions Regarding Interim Authorization 16
Table 2 Relative State Program Size 18
Table 3 Assumptions Regarding Both Interim Authori- 19
zation and State Program Size
Table 4 Total State Workyears for Program 28
Administration
Table 5 State Workyears for the Manifest System 30
Table 6 State Workyears Required to Process 32
Hazardous Waste Permits
Table 7 State Workyears Required to Assure
Compliance 34
Table 8 Total State Workyears Required to Implement 35
Subtitle C
Table 9 Projected State Resources Required State 36
Table 10 Regional Office Workyears for Program 40
Administration
Table 11 Total Regional Workyears to Help States 49
Develop Their Programs
Table 12 Regional Workyears for the Manifest 51
System
Table 13 Regional Resources for the Permits Program 58
Table 14 Regional Workyears to Assure Compliance 60
Table 15 Summary of Hazardous Waste Management 62
Resources (D210)
Table 16 Summary of Hazardous waste Enforcement 63
Resources (D305)
v
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LIST OF EXHIBITS (Continued)
PAGE
Table 11 Summary of Hazardous Waste Permitting 64
Resources (D310)
Table 18 Summary of Total Regional Workyears for 65
the Hazardous Waste Program
Table 19 Skills Required to Implement Subtitle C 68
Table 20 Distribution of Hazardous Waste Management 71
Resources (D210) in 1981 Based on the ORIA
Table 21 Distribution of Hazardous Waste Enforcement 72
Resources (D305) in 1981 Based on the ORIA
Table 22 Distribution of Hazardous Waste Permits 73
Resources (D310) in 1981 Based on the ORIA
VI
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EXECUTIVE SUMMARY
PURPOSE
The purpose of this operations/resource impact analysis is to
define the key activities and associated expenditures necessary
to implement the regulations promulgated under authority of
Subtitle C of the Resource Conservation and Recovery Act.
The document contains explicit statements about the roles and
relationships of federal and State agencies, schedules for
implementation, and estimates of required resources. By combining
the entire Subtitle C hazardous waste program under a single
long-range strategy, we hope to facilitate a better understanding
of roles and responsibilites among organization units, to
eliminate duplicative effort, and to provide Agency decision
makers with an integrated solution to the problems of hazardous
waste management.
CONCLUSIONS
States Will Provide Most
o£ the Resources
According to the assumptions and analysis in this document,
from F.Y 1980 to 1985 the States and EPA regions will invest a
total of 17,505 workyears to implement RCRA. Of this total,
the States will invest 15,272 workyears, or 87 percent, and the
regions will invest 2,232 workyears, or 13 percent.
By fiscal year, the resources required by States and EPA regions
are as follows. They are expressed in workyears, the equivalent
of one person working full-time for one year.
FY82 FY83
States 741.7 1316 2560.8 3748
EPA 110.9 527.7 540.5 539.7
Total
Workyears 852.6 1843.7 3101.3 4287.7 3709.8 3709.8 17504.9
VII
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Processing Pernits Requires
the Most Resources
The hazardous waste program involves four major activities:
o administering the program
o operating a manifest system to track wastes from genera-
tion to disposal
o processing permits for hazardous waste facilities
o assuring compliance with laws and regulations.
Processing permits will require a total of 9,881 workyears through
PY 1985, about 56 percent of the total required. By fiscal
year, the resources required for the four major activities are
as follows:
ACTIVITY FY80 FY81 FY82
Adminis- 548.6 771.4 745.7
tration
Manifest 10 177 177
Permitting - 558.6 1818.3
Compliance 294 336.7 360.3
Total
Workyears 852.6 1843.7 3101.3
Only a Small Proportion of
EPA ' s Investment Is for
Direct Implementation
FY83 FY84 FY85 Total
1010.6 572 572 4220.3
225 191.5 191.5 972
2560.8 2471.6 2471.6 9880.9
491.3 474.7 474.7 2431.7
4287.7 3709.8 3709.8 17504.9
EPA's involvement with the states will differ for the three
specific programs—manifest, permits, and compliance. For each
State, the EPA regions will invest some time in helping the
States establish their programs. In some States, those that
may not receive authorization (either because they do not have
the resources to carry out the program themselves or because
they do not yet have sufficient legislation or regulations),
EPA itself must implement the program. For States which have
authorization, EPA will oversee the State effort.
The regions will make a large investment in helping States estab-
lish them programs from FY 1980 to 1983; after that, almost
Vlll
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all the investment will be for oversight of authorized programs.
3y fiscal year, the resources required are as in the next
tabulation.
EPA
ACTIVITY
Administra-
tion
Assistance
Implementa-
tion
Oversight
Total
Workyears
EPA Will Have
FY80
30
70.9
_
10
110.9
FY81
50
256.
126.
95.
527.
4
1
2
7
FY82
50
163.4
202
125.1
540.5
FY83
50
162.6
202
125.1
539.7
FY84
50
19
49.7
138.1
256.8
FY85
50
19
49.7
138.1
256.8
Total
280
691.
629.
631.
2232.
3
5
6
4
Sufficient
Resources Available
The regions will need more resources from FY 1981 to 1983 than
after, because by 1983 EPA expects that all the States will be
implementing the program. The EPA hazardous waste program
received a large increase in the FY 1981 President's Budget.
If the FY 1981 budget level is maintained at least through
1983, and if our authorization assumptions are correct, the
regions will have sufficient resources to carry out their
responsibilities. The table below displays the resources
required according to EPA's decision unit budget structure.
DECISION
UNITS FY80
Manage-
ment (D210) 89.7
Enforce-
ment (D305) 21.2
Permits
(D310) _j;
Total
Workyears 110.9
FY01
FY82
FY83
FY84
Total
269.
79.
179.
527.
0
0
7
7
316.
103.
121.
540.
1
2
2
5
316.
102.
120.
539.
5
6
6
7
133.
62.
61.
4057.
7
1
0
8
1258.
430.
543
2232
7
2
.5
.4
IX
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The States May Require
Additional Grant Succort
To carry out their responsibilities under Subtitle C, the States
will have to expand greatly the size of their hazardous waste
programs. Program expansion might require a corresponding
increase in State hazardous waste management grants.
The next table presents the relative magnitude of those grants
in millions using an assumption of 10 percent inflation.
EPA
Grants
(10% infla-
tion )
State
Match
State
Workyears
FY81
30.0
19.2
30.7
31.2
741.7 1316
2560.8 3748
3453
FY85* Total*
103.0 $395.0
34.4 $115.5
3453 15272.5
*Grant amounts shown are based on our projections. EPA does not
yet have hazardous waste grant authority or appropriations for
FY 1982 or beyond.
For fiscal years 1982 and beyond, the federal share of hazardous
waste program development and implementation will be 75 percent.
Individuals With the Necessary
Skills Are Available
To implement Subtitle C, the States and EPA regions must hire
almost 1,500 individuals with technical skills. Potential
employees can come from a variety of scientific and engineering
disciplines, with the exact mix of skills up to the discretion
of the program director. Because of this flexibility in selecting
from different disciplines, the States and regions should have
no difficulty finding employees with the skills necessary.
KEY ASSUMPTIONS AFFECTING THE ANALYSIS
Decision makers should be aware of the following assumptions
affecting the analysis.
Authorization and Size Assumptions
The analysis assumes that 35 States will have interim authoriza-
tion through June 1983 and that all 56 States and Territories
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will receive authorization by July 1983. This assumption has
a limited effect on the total resources, because we assumed
that the cost in workyears of performing a program task is
about the same for a State as for an EPA region. However, the
authorization assumption is the key factor determining whether
the State or the EPA budget pays for the activity.
We also assumed that much of the workload for the activities we
analyzed would vary according to the size of the State's
hazardous waste program- To estimate the size of that program,
we placed the States into five size categories based on the
EPA formula for distributing hazardous waste grants to the
States. That formula itself is a composite measure, a weighted
average that includes State population, amount of hazardous
waste generation, number of generators of hazardous waste, and
the State's land area. We assumed that the need for resources
for oversight varied in the same manner.
Permitting Assumptions
The Agency estimates that 30,000 facilities require hazardous
waste permits. Current policy assumes that States and EPA will
process these permits over the next six years. To process all
30,000 permits in six years will require a large investment;
according to our estimates, about 56 percent of the total
workyears required from FY 1981 to 1985 will be for permitting.
Stretching the processing of permits out over a longer period
would reduce the need for so many resources early in the program.
Also, the EPA research and development program is currently
working to improve our understanding of waste disposal technology.
Any permits processed before publication of the research findings
may need to be rewritten to incorporate improved standards. A
longer permit program would tend to reduce the number of permits
that must be reviewed each year.
The State and Federal response to the Nation's acute problem of
safely disposing of hazardous wastes will be immense. In
current (1980) dollars, the cost of State and EPA salaries
alone will amount to almost half a billion dollars over the
next six years—$610 million if we assume an inflation rate of
10 percent. Similarly, managing an average of 6,000 people
per year will itself be a logistic and strategic problem of
considerable magnitude.
Nevertheless, EPA is approaching the problem with foresight;
this analysis is one example. Although many of our projections
were necessarily based on estimates and assumptions, we believe
that making them explicit is the primary benefit of this study.
xi
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I. INTRODUCTION
This document is the Operations/Resource Impact Analysis (ORIA)
for the regulations promulgated under authority of Subtitle C
of the Resource Conservation and Recovery Act of 1976. The
purpose of the ORIA is to define the key activities and asso-
ciated expenditures necessary to implement the hazardous waste
management program established by the following regulations
and guidelines:
o Section 3001, Hazardous Wastes Identification and
Listing, defines those wastes EPA deems hazardous and
therefore subject to Subtitle C requirements.
o Section 3002, Generator Standards and Manifest System,
contains the standards applicable to generators of
hazardous wastes. This regulation also contains the
mechanics of the manifest system, which will track waste
transported from the point of generation to its ultimate
disposition.
o Section 3003, Transporter Standards, authorizes standards
for transporters of hazardous waste to assure that such
waste is carried carefully.
o Section 3004, Standards for Facilities, addresses stand-
ards affecting owners and operators of hazardous waste
treatment, storage, and disposal facilities. These
standards define the levels of human health and environ-
mental protection to be achieved by these facilities
and provide the criteria against which EPA or State
officials will measure applications for permits.
o Section 3005, Permits Procedures, sets out the scope and
coverage of the actual permits granting process for
facility owners and operators.
o Section 3006, State Authorization, contains guidelines
under which States may seek interim or full authorization
to carry out the hazardous waste program in lieu of an
EPA-administered program.
o Section 3010, Notification, describes the policy requiring
any person generating or transporting hazardous wastes or
owning or operating a facility that treats, stores, or
disposes of hazardous wastes to file a notification
with EPA.
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The analysis concentrates on State activities, since States
will implement much of the hazardous waste program, and on EPA
regions, which will handle most of the federal responsibilities.
Within the regions, three programs conduct most of the activities.
The hazardous waste management program provides support for
States developing hazardous waste programs, awards hazardous
waste management grants, oversees approved State programs, provides
technical review for hazardous waste permits, and operates a
federal program in States unwilling or unable to obtain authoriza-
tion. The hazardous waste enforcement program supports State
activities to ensure compliance with the Subtitle C regulations,
provides oversight for approved programs, and conducts activities
to assure compliance in States that have not received authorization.
The hazardous waste permit issuance program supports State efforts
to develop adequate permit programs, provides oversight for ap-
proved programs, and processes hazardous waste permits in States
that have not received authorization.
By combining the entire hazardous waste program under a single
long-range strategy, we hope to facilitate a better understanding
of roles and responsibilities among organization units, to
eliminate duplicative effort, and to provide Agency decision
makers with an integrated view of the problems of hazardous
waste management.
METHODOLOGY
The major analytic task in producing an ORIA involves defining
the relationship between planned activities and achievements
and the resources required to produce them. Two necessary
preliminary tasks are the development of a list of key activities
and the determination of resources required to carry out each
activity.
We began our analysis with a list of planned activities contained
in an analysis produced by the Office of Solid Waste to support
earlier regulations. After adding additional activities described
in program office budget materials, we discussed our list with
officials from the Offices of Solid Waste and Enforcement. Based
on their suggestions, we produced two lists of key activities,
one for State programs and one for EPA regional office programs.
Developing estimates of resources required was our next step.
Originally, we had hoped to use unit pricing to determine
resource estimates. This approach works best for activities
performed repetitively. We wanted to establish a "price" in
workdays for the production of one key output and determine
total resources by multiplying the price per unit times the
number of units desired. However, we were unable to obtain
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information on numbers of generators, transporters, treaters,
storers, and disposers of hazardous waste in each State, the
size and complexity of facilities requiring permits, or the
likelihood of potential violations requiring enforcement actions.
This information will be available after the regulations take
effect and the program begins operation.
As an alternative, we used activity pricing. This approach
was successful, since costs for most activities tended to vary
more because of State characteristics than specific output
frequencies. For example, the cost of the activity "develop
legislation/regulations" depends more on current regulatory
status than on the number of hearings required. The primary
characteristics affecting the costs of those activities were
relative State program size and the likelihood that the State
would receive interim authorization. For these activities,
we used pricing estimates for the entire activity and did not
cost out the specific outputs produced.
We calculated our resource estimates in workyears, a measure
relating time and activity. A workyear is the equivalent of
the effort of one person working full-time for one year. One
workyear can be produced by one person working full-time for
one year, two people working full time for six months, and so
on.
Based on our lists of activities and related resources, we pre-
pared a first draft which was circulated in headquarters. We
revised that draft considerably to incorporate comments, then
circulated the new draft throughout the regions and headquarters.
This draft reflects the changes they recommended.
THE ORIA HAS FIVE CHAPTERS
This chapter provides a brief introduction to the ORIA, explaining
purpose, methodology, and organization.
Chapter two contains a summary of EPA's strategy for regulating
hazardous waste activities.
Chapter three describes the activities that States will perform
in implementing Subtitle C and indicates the expected workyear
requirements for implementation.
Chapter four describes the activities that EPA regions will
conduct in implementing Subtitle C and estimates the resources
required to perform those activities.
Chapter five discusses staffing requirements for State and
regional hazardous waste programs and draws conclusions about
the availability of technical personnel.
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II. EPA STRATEGY
GENERAL OVERVIEW OF THE STRATEGY
Hazardous wastes are those wastes which may cause or contribute
to adverse acute or chronic effects on human health or the
environment when such wastes are not controlled properly.
These wastes consist primarily of the by-products of industrial
production, conversion, and extraction activities, and may be
in the form of solids, sludges, slurries, liquids, or powders.
The Section 3001 regulation contains specific definitions of
hazardous wastes and lists of wastes considered hazardous.
Almost 54 million metric tons of hazardous wastes are generated
annually in the United States. Only 10 percent of these wastes
are disposed of safely. Moreover, the Nation continues to
curtail emissions to air and water through other environmental
laws. Since hazardous waste may also be a by-product of exten-
sive treatment, and since industrial activity will continue to
increase, the Agency expects the amount of waste to grow by 30
percent in the next decade.
Because of their high potential for public health and environ-
mental damage, hazardous wastes require special control proce-
dures. Management of these wastes means awareness and control
over them from the time of generation through their transporta-
tion, temporary storage, treatment, and disposal. EPA believes
that this comprehensive management of hazardous wastes should
be conducted or coordinated at the State level so that wastes
may reach environmentally sound treatment and disposal facili-
ties. The Section 3006 regulation contains the requirements a
State must meet to operate a program equivalent to the federal
program.
Waste transportation control systems involving manifests or
"trip-tickets" to monitor the waste flows are the most effective
methods to assure proper handling and tracking of wastes from
generation to ultimate disposal. Effective identification and
labeling of wastes by the generators are essential to the
effective operation of any manifest-based system. The Section
3002 and 3003 regulations contain the regulations generators
and transporters of hazardous wastes must meet.
In addition, management of hazardous wastes means more than
careful disposal. It implies consideration of alternate methods
and schemes, both institutional and technical, to reduce the
amount of the wastes as well as their inherent hazards. The
Agency believes that reuse and energy recovery, as well as
treatment, are desirable before ultimate disposal, especially
land disposal.
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Any facility which treats, stores, or disposes of hazardous
wastes should use the best available technology. EPA or the
States will review every facility's operating characteristics
and issue operating permits to those facilities which qualify
under the Subtitle C regulations. The Agency will work with
existing and proposed facilities to assure development of
adequate, acceptable waste disposal capacity. Facilities
failing to qualify must close down or improve their operations.
The Section 3004 regulations contain technical and administrative
standards for treatment, storage, and disposal facilities, and
the Section 3005 regulations establish the program for processing
operating permits.
To ensure compliance with the Subtitle C mandate, enforcement
activities will be conducted at the national, regional, and
State levels.
Subtitle C implementation begins with the publication in April
1980 of the first phase of federal regulations describing
program requirements. These regulations, which become effective
six months after promulgation, establish a federal regulatory
program that will ensure that hazardous wastes are transported,
treated, stored, and disposed of in a manner which protects
public health and the environment.
EPA will establish the desired hazardous waste management
network in eight stages:
(1) identification and listing of hazardous wastes;
(2) research and development to upgrade technology;
(3) development of effective State programs;
(4) notification by hazardous waste generators, transpor-
ters, and treatment, storage, or disposal facilities;
(5) implementation of the manifest system;
(6) enforcement of interim facility standards;
(7) permitting of treatment, storage, and disposal
facilities;
(8) compliance monitoring and enforcement.
The RCRA Implementation Calendar on page 13 shows the timing of
implementation activities.
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IMPLEMENTATION BEGINS WITH HAZARDOUS WASTE
IDENTIFICATION AND LISTING
The Section 3001 regulation identifies and lists those solid
wastes which are considered hazardous and subject to regulation
under Subtitle C. Generally, a waste is considered hazardous
if, when improperly treated, stored, transported, disposed of,
or otherwise managed, if may cause or contribute to an increase
in mortality or serious illness or pose a substantial hazard to
human health or the environment.
In addition to defining what is a hazardous waste and what is
not, this regulation sets forth the criteria EPA will use to
identify and list hazardous wastes. EPA will list a solid
waste as a hazardous waste if it possesses the characteristics
of ignitability, corrosivity, reactivity, or toxicity defined
in the regulation. The regulations also include tests which
waste generators, treaters, storers, and disposers can use to
identify other wastes which are hazardous but not listed as
such.
Commercial establishments generating relatively small volumes
of hazardous wastes will not be regulated.at first, so that
EPA can focus on the most serious situations. With certain
exceptions for more hazardous materials, the regulation excludes
generators of less than 1000 kilograms of waste per 30-day
period. Between two and five years after promulgation, EPA
will revise the exclusion to reduce the 1000 kilogram limit to
100 kilograms.
The regulation also includes a "delisting" strategy, under
which a specific firm in any sector of industry can demonstrate
that its specific waste is not hazardous and should therefore
be exempt from regulation. To have its waste removed from
EPA's list of hazardous wastes, the firm must submit results
of a demonstration showing that the waste does not possess the
characteristics contained in the regulation.
EPA's strategy is to start with a limited list of waste streams
and hazardous waste tests, and then expand and refine the lists
and tests to include the findings of the research program.
The anticipated increase in the types of waste regulated by
the program will not affect the resource requirements set out
in this document.
RESEARCH WILL IMPROVE THE REGULATORY NETWORK
RCRA provides for research to ensure development of additional
knowledge and the technology required to deal with hazardous
waste problems. EPA's research program, funded at $24 million
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in FY 1981, concentrates on the development of technologies,
methodologies, and the scientific data base necessary to achieve
environmentally acceptable, cost-effective hazardous waste
management (generation through ultimate disposal). The Agency
will revise the Subtitle C regulations to incorporate this
knowledge as it is obtained.
EPA's Office of Research and Development consulted with the
Office of Solid Waste, which has general responsibility for
RCRA, to develop three sets of research areas. The first set
encompasses short-term, high-priority activities going on now
or scheduled to start during this fiscal year. Among current
studies are a mobile incinerator, remedial measures for "quick
fixes" at uncontrolled dump sites, and a quick indicator test
for predicting how contaminants move from a land disposal site
into potential sources of drinking water.
Another major output of the 1980-81 research and development
program is the development and publication of guidance manuals
for the implementation of the Subtitle C regulations. The
following manuals will be produced incorporating research
results and data: containment; chemical fixation of wastes/-
liner performance and design; leachate collection; waste and
leaching modification; landfill closure procedures; volatile
emissions from landfills; prediction of pollution migration in
soils; and procedures for conducting incinerator test burns.
EPA also will conduct training programs in the use of manuals
to help State and regional office permit writers.
During fiscal year 1983 and 1984, EPA's research will examine new
ways to sample and analyze wastes. EPA will produce several
guidance manuals as well as new equipment for controlling wastes
and the by-products of their disposal.
The prognosis after 1985 is for projects considered less urgent
than those previously mentioned or those requiring extenive
study; for example, continued examination of health effects
and of the mechanisms by which waste by-products enter the
environment.
AUTHORIZED STATES WILL IMPLEMENT SUBTITLE C
RCRA allows EPA to grant authorization to States to carry out
hazardous waste management programs which are equivalent to
the federal program. EPA may also grant States interim authori-
zation for up to two years to carry out substantially equivalent
hazardous waste programs. The period of interim authorization
is intended to provide States with time to develop programs
able to receive full authorization. EPA's policy is to encour-
age maximum State participation.
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In establishing the requirements for interim authorization, EPA
had to balance a number of somewhat competing interests, includ-
ing the desire to promote uniform State programs as quickly as
possible and the desire not to disrupt existing State efforts
through the imposition of separate and parallel federal require-
ments.
Interim authorization will have two phases, corresponding to
the sequenced promulgation of the federal regulations. Phase I
will cover generator and transporter requirements and interim
facility standards. Phase II will cover permitting of hazardous
waste treatment, storage, and disposal facilities. EPA believes
the two phases are integral parts of a complete State hazardous
waste program; the Agency does not intend to provide authori-
zation for only one phase since it views interim authorization
as a stage leading toward full authorization.
States may receive interim authorization for Phase I beginning
on the effective date of the initial Section 3001-3005 regula-
tions, expected to be November 1980. States may receive interim
authorization for Phase II during the nine months after the
Phase II Section 3004 regulation is promulgated in late 1980.
In order to give States the full two-year period that Congress
intended be available to develop final programs, interim authori-
zation for both phases nay to continue for 24 months from the
effective date of the Phase II Section 3004 regulation. At
the end of this period, by June 1983, all interim authorizations
will automatically expire and EPA will administer the federal
program in any State which has not received full authorization.
EPA will also enter into cooperative agreements with States
which do not qualify for authorization during the interim stage.
Under this arrangement, the State would be responsible for
administering some portions of the federal hazardous waste
program, while EPA would operate the remainder.
Working with States to help them develop equivalent hazardous
waste programs is one of EPA's highest priorities in 1980 and
1981. With this assistance, 35 States and Territories should
have interim authorization by September 1981 and full authori-
zation by July 1983. With heavy regional office involvement,
the remaining 21 should develop equivalent programs and receive
authorization by July 1983.
EPA will support State efforts to develop acceptable programs
by providing technical, legal, and administrative assistance.
As State programs begin to function, EPA will work closely
with the States to assure that the programs meet its standards.
After authorization, EPA will oversee approved programs to
assure that they are consistent with national policies and
effective.
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RCRA provides financial assistance to States for developing/
implementing, and enforcing programs to control the transporta-
tion, treatment, storage, and disposal of hazardous wastes.
To be eligible for hazardous waste management grants, State
programs must be capable of receiving authorization under
Subtitle C. Grants are awarded by a formula which takes into
account a State's population, land area, number of hazardous
waste generators, and amount of hazardous waste.
In FY 1979, EPA awarded $14.5 million in financial assistance
to States which showed a good faith effort in developing a
hazardous waste program substantially equivalent to the federal
program. EPA expects to award hazardous waste grants totalling
§18.6 million in FY 1980 and $30.0 million in FY 1981.
WASTE HANDLERS MUST NOTIFY EPA
RCRA requires every federal agency or person who generates or
transports hazardous waste or who owns or operates a facility
for the treatment, storage, or disposal of hazardous waste to
file a notification of hazardous waste activity with the Agency.
The notification must identify the hazardous waste handled, and
the location and general description of the activity. Persons
and federal agencies who complete this form and file it with
the appropriate EPA Regional Administrator will satisfy their
statutory obligation to give notification. Any person who trans-
ports, treats, stores, or disposes of hazardous waste without
filing a notification of hazardous waste activity is subject to
the civil and criminal penalties of Section 3008 of RCRA.
EPA has identified a list of over 400,000 firms—generators,
transporters, and treatment, storage, and disposal facilities—
involved in handling waste which may by classified as hazardous
under RCRA. EPA is sending these firms packages explaining the
RCRA program and containing a notification form to be completed
and returned to EPA. After EPA receives the notification form
indicating that the firm is engaged in a hazardous waste
activity, EPA will issue an identification number.
Firms or federal agencies which receive no initial notification
package from EPA, but which are now engaged in or later become
engaged in hazardous waste activities, are also responsible
for filing the notification form with EPA. The information on
the notification forms will supply EPA with an initial descrip-
tion of the hazardous waste activities being conducted.
In addition to filing notifications, all treatment, storage,
and disposal facilities must also apply for a hazardous waste
permit. Existing facilities which file notification and apply
10
-------
for a permit will be granted interim status so they can operate
until their permit application is processed.
THE MANIFEST SYSTEM WILL ALLOW EPA TO TRACK WASTES
After any firm notifies EPA that it is engaged in hazardous
waste activities, it must use a manifest system (the only
exception being generators which dispose of their waste at the
location where it is generated). The manifest system is the
mechanism which tracks hazardous waste from "cradle to grave"—
that is, from the generator to the point of ultimate disposition,
e.g., the disposal site. Businesses may use any appropriate
manifest form, so long as the forra provides the information
required by EPA. Copies of the manifest must be signed and
retained by all who handle the waste, and the final recipient
must send the original back to the generator confirming delivery.
It is the generator's responsibility to investigate cases in
which no confirmation is received and to inform EPA of instances
of missing waste. It is the receiving facility's responsibility
to ensure that any waste shipment it receives matches with
that specified on the manifest. The system is designed to
operate with a minimum of interference with normal business
practice, and to operate independently of EPA unless waste is
reported missing. The aims are to create a record, to ensure
tracking and management, and to minimize government involvement.
The manifest system to control shipments of hazardous waste is a
major feature of the federal program. Eventually, a manifest
system meeting federal standards will be used in all States.
However, for the first few years of the program, States may
continue to operate their own tracking systems.
INTERIM FACILITY STANDARDS BEGIN PHASE I REGULATION
In April 1980 EPA will publish the Phase I Section 3004 regulation
which imposes the first set of standards on owners and operators
of treatment, storage, and disposal facilities. When this regu-
lation takes effect in November 1900, existing treatment, storage,
and disposal facilities will be required to comply with the interim
standards. The Phase II Section 3004 to be published in November
1980 will set forth additional technical standards for permitting
treatment, storages or disposal facilities.
Interim facility standards apply and are enforceable until the
facility receives its operating permit. The objective of the
interim standards is to ensure that facilities function in an
environmentally sound manner until the facility can be examined
carefully during the permitting process. Interim standards
require the following: compliance with the manifest system;
preparedness for and prevention of discharges of hazardous
11
-------
waste; preparation for closure; groundwater monitoring; security
to prevent unauthorized access to the facility; training of per-
sonnel; and inspection, monitoring, recordkeeping, and reporting.
PERMITS WILL BE REQUIRED OF OPERATING FACILITIES
RCRA requires all treatment, storage, and disposal facilities
to obtain permits. These permits are only granted to facilities
which qualify under the RCRA regulations. Operating facilities
failing to qualify must close down or upgrade. New facilities
not qualifying will not be allowed to begin operations.
The permit process will be implemented over several years,
beginning in May 1981, when the Phase II Section 3004 regulation
become effective. Top priority will go to two types of facility.
To reduce the number of dangerous sites, EPA will focus on
facilities causing the most severe problems. To ensure that
adequate disposal capacity is available, EPA will focus on new
facilities. Generally, these priorities will result first in
examination of waste treaters and disposers receiving waste
transported from a generator at a different site, then generators
who dispose of their own waste at their own location, and
finally storers of waste generated by others.
Since the technology to contain or destroy many hazardous wastes
is still developing, the first permits issued will be based on
"best engineering judgment." EPA or an authorized State will
issue a permit to any facility that uses the best available
technology. As technologies evolve, EPA will translate them
into more stringent standards for facilities to meet. This
revision of permits to incorporate new technology will ensure
the continual upgrading of facilities.
MONITORING AND ENFORCEMENT WILL ASSURE COMPLIANCE
To ensure compliance with RCRA, enforcement activities will be
conducted at the State, regional, and national levels. These
activities will be directed toward ensuring that all program
components are implemented properly and toward prosecuting
violators for failure to comply. Thus, the initial enforcement
emphasis will be on ensuring the identification of businesses
which have failed to notify EPA of their hazardous waste activi-
ties, and move on to ensuring compliance with the manifest
system and operating standards. Once facilities have received
permits, major emphasis will be placed on ensuring that these
facilities are complying with permit requirements.
*****
The relative timing of the activities discussed in this chapter
is summarized in the RCRA Calendar on the next page.
12
-------
RCRA Implementation Calendar
Months from Promulgation
0 6 18 30 42 54 66
Promulgation x
Notification x
Regulations Effective x
Phase II Regulations x
Interim Authorization x x
Full Authorization x
Manifest System x
Phase I Permits' x x
Phase II Permits x •
Permits Enforcement x
Research
FY80 FY81 FY82 FY83 FY84 FY8I5
079 JnSO 080 Jn81 081 Jn82 082 Jn83 083 Jn84 084 Jn85
-------
III. STATE ACTIVITIES AND PRICING
Congress intended for States to implement much of the Subtitle C
hazardous waste program. From FY 1980 to FY 1986, effective State
hazardous waste programs will carry out four key activities:
program administration, operation of the manifest system, processing
of permits, and enforcement. Program administration includes
three efforts which should be completed by FY 1983, namely,
development of legislation and regulations, application for
interim and final authorization, and development of program
policy and procedures.
The level of resources required to conduct these activities in
any State depends on the likelihood that the State will receive
interim authorization and the complexity of hazardous waste
management in the State. We categorized the States according to
each standard.
To group States with regard to the likelihood of interim authori-
zation, we asked the regional offices for their assessment of
State program status. The data fell in four categories. Category
I includes the 8 States that the regions expect to receive interim
authorization in November 1980; category II includes the 22
States expected to receive interim authorization by May 1981;
category III includes the 5 States expected to receive interim
authorization by September 1981; and category IV includes the 21
States not expected to receive interim authorization at all.
Table 1 on page 16 contains our assumptions regarding interim
authorization.
To categorize the complexity of hazardous waste management in
each State, we used the hazardous waste management grant formula
contained in 40 CFR 35.706-2 and printed in the Federal Register
on September 25, 1978. The grant formula takes into account four
factors: 1) the ratio of State population to national population
(40 percent); 2) the ratio of the amount of hazardous waste
generated in the State to the amount generated nationally (40
percent); 3) the ratio of the number of generators of hazardous
waste in the State to the number of generators nationally (15
percent); and 4) the ratio of State and area to national land
area (5 percent).
To develop size categories, we placed the States in rank order
based on their ratios in the grant allocation formula. The data
fell in five clusters. Category A includes the 16 States receiv-
ing one-half of one percent of the total sums available;
category B includes the 7 States receiving between .55 and .68
percent of the sums available; category C includes the 14 States
receiving between .86 and 1.56 percent; category D includes the
15
-------
TABLE 1
Assumptions Regarding Interim Authorization*
Category I. The regions expect 8 States to receive interim
authorization in November 1980.
Regions: I__ II_ III IV V_ VI VII VIII IX X_
States: RI - MN IA - CA -
VT WI KS
MO
Category II. The regions expect 22 States to receive interim
authorization by May 1981.
VII VIII IX X_
MT -
UT
Regions:
States:
—
CT
ME
MA
1JH
ri
NJ
NY
PR
III
MD
DC
VA
IV-
AL
GA
MS
HC
SC
TN
V_
IL
MI
VI_
AR
LA
Category III. The regions expect 5 States to receive interim
authorization by September 1981.
Regions: I_ II_ III IV V_ VI VII VIII LX X_
States: PA AZ OR
GU WA
Category IV. The regions do not expect 21 States to receive
interim authorization at all.
Regions :
States:
I II
VI
III
DE
WV
IV
FL
KY
V
in
OH
VI
OK
NM
TX
VII
1IB
VIII
CO
ND
SD
WY
IX
AS
HI
NV
NMI
X
AK
ID
*The table is based on data received from the regions in March
1980. The assumptions in the table are for budget planning
purposes only and do not represent policy decisions by EPA on
how it will use its resources. The Agency expects the data to
change periodically until all States receive authorization.
16
-------
12 States receiving between 1.7 percent and 3.28 percent; and
category E includes the 7 States receiving between 4.1 percent
and 10 percent. Table 2 on page 18 contains our assumptions
regarding relative State program size. Table 3 on page
combines tables 1 and 2 and displays our assumptions regarding
both interim authorization and State program size.
To determine the proportion of resources required to conduct
activities dependent on State complexity, we compared the median
grant ratios from each category. As shown' below, resources required
vary considerably, with the largest States requiring over twelve
times the resources needed by the smallest States to conduct the
same activities.
Size Category
A
B
C
D
E
Grant Ratio
.00500 - .00501
.00554 - .00684
.00861 - .01560
.01704 - .03280
.04096 - .09977
Number of States
16
7
14
12
7
Multiplier
.25
.3
.6
1.0
3.0
Beginning on page 20, we define each key activity by describing
related subactivities and tasks, estimate the resources needed to
perform each activity, then list our assumptions about the timing
of the key activity and the workyears required to carry it out.
17
-------
TABLE 2
Relative State Program Size*
PROGRAM
REGION STATE SIZE
I Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
II New Jersey
New York
Puerto Rico
Virgin Islands
III Delaware
Maryland
Pennsylvania
Virginia
District of
Columbia
West Virginia
C
A
D
A
8
A
D
E
B
A
A
C
E
C
A
D
PROGRAM
REGION STATE SIZE
VI Arkansas
Louisiana
New Mexico
Oklahoma
Texas
VII Iowa
Kansas
Missouri
Nebraska
VIII Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
B
D
A
C
E
C
C
C
A
C
B
A
A
B
A
IV Alabama D
Florida D
Georgia. D
Kentucky D
Mississippi B
North Carolina D
South Carolina C
Tennessee D
V Illinois E
Indiana D
Michigan E
Minnesota C
Ohio E
Wisconsin D
IX American Samoa A
Arizona C
California E
Guam A
Hawaii A
Nevada A
Northern A
Marianas
Alaska C
Idaho B
Oregon C
Washington C
*We estimated State program size using the hazardous waste manage-
ment grant formula contained in 40 CFR 35.706-2. The formula is
based on relative population (40 percent); relative amounts of
hazardous waste generated (40 percent); relative number of generators
of hazardous waste (15 percent); and relative land area (5 percent).
To develop size categories, we placed the States in rank order
based on the grant allocation formula ratio. The data fell in
five clusters, which we have labeled "A," the smallest, through
"E," the largest.
18
-------
TABLE 3
Assumptions Regarding Both Interim Authorization
and State Program Size*
State Size Interim Authorization
Category
A
B
C
D
E
TOTAL
I II III
VT ME GU
1IH
DC
RI PR
AR
MT
UT
MS
MN CT A2
IA MD OR
KS VA WA
MO SC
WI MA
ru
AL
GA
NC
TU
LA
CA IIY PA
IL
MI
8 22 5
Category
IV
VI NB
DE NV
IIM HI
tID AS
SD MM I
WY
ID
OK
CO
AK
WV
FL
KY
IN
OH
TX
21
Total
16
7
14
12
7
56
*The table is based on data received from regions in March 1980.
The assumptions in the table are for budget planning purposes
only and do not represent policy decisions by EPA on how it will
use its resources. The Agency expects the data to change period-
ically until all States receive authorization.
19
-------
STATE PROGRAM ADMINISTRATION
State program administration includes five major activities.
These are development of legislation and regulations; development
of authorization applications; development of an acceptable
hazardous waste program; negotiation of a hazardous waste grant;
and program management.
States Require Additional Legislation
and Regulations
Several States have drafted enabling legislation and regulations
in anticipation of the Subtitle C regulations, while other States
have waited to see the final requirements before beginning work.
The Office of Solid Waste recently assessed the status of State
legislation and regulations. They concluded that every State
required some additional legislation and/or regulation to establish
the authority and capability for operating hazardous waste
programs fully equivalent to the federal program.
Each State will conduct the same general activities and tasks to
develop and improve its legislation and regulations:
1. Develop State legislation
a. Review federal legislation
b. Review model State legislation
c. Draft legislation
d. Work for passage of legislation
2. Develop State regulations
a. Review federal regulations
b. Draft regulations
c. Work for promulgation of regulations
d. Assure public participation
Pricing for this key activity depends on the likelihood that
a State will receive interim authorization. (See Table 1 on
page 16 for our assumptions regarding interim authorization.)
The following is a list of our assumptions and estimates relating
to State development of legislation and regulations.
- Category I, II, and III States have each invested 2
workyears of effort in FY 1980 to develop legislation and
regulations.
The 8 category I States will work on legislation and
regulations for authorization beginning with promulgation,
but most activity will occur during FY 82 and 83. Each
State will reauire a total of two workyears of effort to
20
-------
modify legislation and regulations to qualify for
authorization.
The 22 category II States will work on legislation and
regulations for interim authorization beginning with
promulgation, but most activity will occur during FY 81.
Each State will require two workyears of effort to prepare
for interim authorization. They will work on authori-
zation primarily during FY 82 and 83, expending two
additional workyears.
The 5 category III States will work on legislation and
regulations for interim authorization primarily during
FY 81, investing three workyears. They will work on
authorization during FY 82 and 83, expending two
additional workyears over both years.
The 21 category IV States will not receive interim authori-
zation. They will work on legislation and regulations
for authorization during FY 81-83. Each State will
require one workyear in FY 81 and two workyears in both
FY 82 and FY 83 to qualify for authorization.
The following table summarizes the State workyears required for
developing legislation and regulations.
FY80 FY81 FY82 FY83 Total Workyears
Category I
interim 16 16
final 8 8 16
Category II
interim 44 44 - - 88
final - 22 22 44
Category III
interim 10 15 - - 25
final 5 5 10
Category IV
interim
final - 21 42 42 105
Legislation/ 70 80 77 77 304
Regulation
Workyears
interim 70 59 - - 129
final - 21 77 77 175
21
-------
Each State Nust_DeveIop
Authorization Applications
To receive interim authorization or full authorization, each
State must demonstrate that its program meets the requirements
of the federal regulations. The State shows that its program is
adequate in its applications for authorization.
The activities and tasks related to developing authorization include
the following:
1. Apply for interim authorization
a. Review EPA conditions for interim authorization
b. Review legislation and regulations
c. Prepare authorization application
2. Negotiate interim authorization
a. Meet with EPA to review application
b. Meet with regulated community
c. Revise application if necessary
d. Negotiate memorandum of agreement
e. Present Phase II program to EPA
3. Apply for authorization
a. Review EPA conditions for final authorization
b. Review legislation, regulations
c. Prepare authorization application
4. Negotiate authorization
a. Meet with EPA to review interim performance and
application
b. Negotiate memorandum of agreement
We based our pricing for this key activity on our assessment of
each State's likelihood of receiving interim authorization and
the experience of other programs in processing applications for
program delegations.
22
-------
The following is a list of our assumptions and estimates relating
to development of the authorization applications.
The 8 category I States will apply for Phase I interim
authorization in November 1980, Phase II interim authori-
zation in April 1981, and authorization by June 1983.
Each State will require one-half workyear to prepare the
applications for interim or final authorization.
The 22 category II States will not apply for Phase I
authorization separately, but they will apply for Phase
II authorization by May 1981 and authorization by June 1983.
Each State will require one-half workyear to prepare the
applications for interim or final authorization.
The 5 category III States will apply for Phase II interim
authorization by September 1981 and authorization by June
1983. Each State will require one-half workyear to
prepare the applications for interim or final authorization.
The 21 category IV States will not apply for interim
authorization. They will apply for authorization in June
1983, after investing one-half workyear in preparing the
application.
The following table summarizes the State workyears required for
developing authorization applications.
FY80 FY81 FY82
Category I _
Category II
Category III -
Category IV - -
Authorization - 21.5
Application
Workyears
Total Workyears
23
-------
Each State Must Develop an Acceptable
Hazardous Waste Program
Each State must convert enabling legislation and regulations
into an effective hazardous waste program. The activities involved
typically are "front end" efforts relating to strategy formulation
and capacity expansion. After the initial program development
period from FY 1979 to FY 1983, any continuing activities in
this area would become part of general program administration.
The State activities and tasks related to program development
include the following:
1. Hire and train staff
2. Develop State specific program strategies
a. Review data collected on State needs for hazardous
waste program
b. Consider alternative strategies to meet State
needs and Federal guidance
c. Develop preferred strategy
d. Consult with regional office
3. Prepare program procedures
a. Review federal guidance
b. Draft operating procedures and review with regional
office personnel
c. Prepare State hazardous waste management plan
(Subtitle D)
d. Establish hazardous waste program including manifest
and permit procedures
4. Develop public participation procedures
a. Plan procedures to inform public of hazardous waste
b. Determine need for and location of hearings
c. Schedule and plan agenda for hearings
d. Plan procedures for using public comments
5. Develop ADP or other information system
a. Work with regional office to adapt ADP system to
State needs
b. Implement system
24
-------
We assume that these activities will require 1 workyear each
year in each of the 16 category A States, 1.2 workyears in each
of the 7 category B States, 2.4 workyears in each of the 14
category C States, 4 workyears in each of the 12 category D
States, and 12 workyears in each of the 7 category E states.
These activities will end by FY 1983.
The following table summarizes the State workyears for program
development.
Category A
Category B
Category C
Category D
Category E
Program
FY80
16
8.4
33.6
48
84
190
FY81
16
8.4
33.6
48
84
190
FY82
16
8.4
33.6
48
84
190
FY83
16
8.4
33.6
48
84
190
Total Workyears
64
33.6
134.4
192
336
760
Development
Workyears
Each State Will Be Eligible for
a Hazardous Waste Grant Each Year
Financial assistance is available to all States which show good
faith in developing and implementing a hazardous waste management
program substantially equivalent to the federal program. Each
State will be eligible for a hazardous waste grant each year.
The State activities and tasks related to grant negotiation and
award include the following:
1. Apply for grant
a. Review EPA conditions for hazardous waste grants
b. Prepare initial application
2. Negotiate/award grant
a. Meet with EPA at State offices to discuss program and
grant
b. Coordinate with other SEA programs
c. Make final application
25
-------
3. Administer grant
a. Process grant funds
b. Prepare progress reports
c. Participate in review meetings
We based our pricing for this key activity on OSWs estimates of
time required to negotiate hazardous waste grants in FY 79 and
80. According to those estimates, each State will require 0.5
workyears to apply for and negotiate grants and receive awards.
The following table shows the State workyears required for
negotiating grants.
FY80 FY81 FY82 FY83 FY84 FY85 Total
Grant
Negotiation
Workyears: 28 28 28 28 28 28 168
The States Must Manage Their Programs
Program administration includes day to day management of the
hazardous waste management activities and special problem solving.
1. Manage program (generally)
a. Conduct and attend meetings
b. Receive visitors
c. Respond to inquiries
d. Maintain correspondence
e. Hire and develop staff
2. Manage contracts
a. Issue requests for proposals
b. Review proposals
c. Review technical aspects of contracts
d. Manage financial aspects of contracts
3. Manage budget system
a. Develop budget and justification consistent with
State budgeting procedures
b. Manage budget
4. Evaluate personnel and program performance
a. Identify performance objectives
b. Review performance with State personnel
c. Review State progress with regional office
d. Recommend rewards and sanctions
26
-------
5. Conduct public awareness activities
a. Identify appropriate media
b. Issue press releases, hold meetings, etc.
6. Maintain ADP system
a. Modify design and program as needs change
b. Input data and run reports
7. Provide support services
a. Provide maintenance, housekeeping, communications
services
b. Provide laboratory services
We based our pricing for this key activity on the categorizations
by State size (see Table 3). The following is a list of our
assumptions and estimates relating to program administration:
Size
Category
A
B
C
D
E
No.
States
16
7
14
12
7
Workyears per
FY80
.9
1.0
2.0
3.3
10.
FY81-82
1.25
1.5
3.
5.
15.
State
FY83-85
2.5
3.
6.
10.
30.
The next table summarizes the State workyears for program
management.
FY80 FY8_1 FY82 FY83 FY84 FY85 Total
Program
Management
Workyears 159.7 237.5 237.5 475 475 475 2059.7
Table 4 summarizes the five activities that make up program
administration.
27
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TABLE 4
Total State Workyears for Program Administration
Activity FY80 FY81 FY82 FY83 FY84 FY85 Total
Legislation/
Regulations 70 80 77 77 - - 304
Authorization
Applications - 21.5 28 49.5
Program
760.
168
2059.7
Development
Grants
Program
Management
Total
Workyears
THE MANIFEST
190
28
159.7
447.7
SYSTEM
190
28
237.
557.
IS A
5
0
190
28
237.
532.
3
3
190
28
475
798
MAJOR IMPLEMENTATION
—
28
475
503
ACT
—
28
475
503
IVITY
3341.7
The manifest system is the process for tracking hazardous wastes
from generation to the point of ultimate disposition, e.g., dis-
posal. The system is a required part of all authorized programs,
although it is an optional part of a state program under interim
authorization. Activities included here relate only to operation
of the manifest system. Development of strategy and procedures
is included in "program development"; enforcement is under its
own activity.
The State activities and tasks related to the manifest system
include:
1. Provide technical assistance to generators,
transporters, and owners/operators of treatment,
storage, or disposal facilities (TSDFs).
28
-------
2. Review reports
a. Receive exception reports
b. Receive annual reports
c. Process for ADP system
d. Review ADP reports and forward summary reports to
regional office
e. Evaluate data
f. Respond to discrepancies (shared with enforcement)
The following is a list of our assumptions and estimates rela-
ting to the manifest system:
Each State in category I and II will begin implementing
a manifest system in November 1980. EPA will operate
the manifest system in category III States from November
1980 until September 1981. EPA will operate the manifest
system is category IV States from November 1980 until
those States receive final authorization in June 1983.
- Exception reports are processed by hand or computer.
Reports are generated and forwarded to Enforcement for
setting enforcement priorities.
We estimated the prices for the manifest system based on State
size:
Size
Category Price
A 1
B 1
C 2
D 3
E 9
Table 5 summarizes the State workyears required for the
manifest system.
29
-------
Table 5
State Workyears for the Manifest System
Cat. # States
I
II
III
IV
A
B
C
D
E
A
B
C
D
E
A
B
C
D
E
A
B
C
D
E
Total
1
1
4
1
1
Subtotal
3
5
4
7
3
Subtotal
1
—
3
-
1
Subtotal
11
1
3
4
2
Subtotal
Workyears
FY81
1
1
8.
3
9
22
3
5
8
21
27
64
1
—
6
-
9
16
_
-
-
-
-
0
102
FY82
1
1
8
3
9
22
3
5
8
21
27
64
1
_
6
-
9
16
_
-
-
-
-
0
102
FY83
1
1
8
3
9
22
3
5
8
21
27
64
1
-
6
-
9
16
11
1
6
12
18
48
150
FY84
1
1
8
3
9
22
3
5
8
21
27
64
1
_
6
-
9
16
11
1
6
12
18
48
150
FY85 Total Workvears
1
1
8
3
9
22
3
5
8
21
27
64
1
_
6
-
9
16
11
1
6
12
18
48
150
5
5
40
15
45
110
15
25
40
105
135
320
5
_
30
—
45
80
33
3
18
36
54
144
654
30
-------
AUTHORIZED STATES WILL PROCESS PERMITS
After the Phase II Section 3004 regulation (facility permitting)
becomes effective in May 1981, ail hazardous waste treatment,
storage, and disposal facilities must obtain permits to continue
or begin operation. RCRA permits are a mechanism for controlling
hazardous waste by imposing performance standards on all such
facilities. The Agency currently estimates that some 30,000
sites will require permits. We expect to have better information
on numbers, types, and location of these sites after the notifi-
cation process is completed in summer 1980.
Permits will be issued for three general types of facilities, off-
site treatment and disposal facilitiesf on-site treatment and
disposal facilities, and off-site storage facilities. Evaluating
the performance of off-site treatment and disposal facilities is
the highest priority, because of the need to assure adequate
capacity for proper waste disposal and because these facilities
are the most likely to cause severe environmental problems.
Second priority is on-site treatment and disposal facilities, again
because of the possibility of environmental problems.
The State activities and tasks related to processing permits
include the following:
1. Provide assistance to applicants
2. Receive and review applications
3. Conduct site evaluation
4. Analyze air, water, or soil samples as necessary
5. Issue draft permit and fact sheet or statement of the
basis for permit determination
6. Open comment period and hold public hearings
7. Process final permit
8. Conduct further proceedings if necessary
The following is a list of our assumptions relating to State
processing of permits.
Each off-site treatment and disposal facility permit
requires 177 workdays of effort by State personnel.
Each on-site treatment and disposal facility permit
requires 119 workdays of effort by State personnel.
31
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Each off-site storage facility permit requires 47 workdays
of effort by State personnel.
Starting in June 1981, the 30 States in categories I and
II will begin processing permits. In September 1981 an
additional 5 States from category III will begin process-
ing their permits with EPA assistance.
EPA will begin processing the permits in the 21
unauthorized States (category IV) from June 1981 through
May 1983. In June 1983, these 21 States will receive
authorization and will begin issuing the remaining permits.
All remaining permits will be issued in FY 1986.
The next tabulation summarizes our pricing estimates. They depend
both on authorization category and size category.
No. Price in Workyears
State Category States
I, II, III A 5
B 6
C 11
D 8
E 5
IV A 11
B 1
C 3
D 4
E 2
Table 6 summarizes the results of our calculations.
Table 6
State Workyears Required to Process Permits
FY80
^
-
-
-
—
_
-
-
-
-
FY81
2.8
3.3
6.7
11.1
33.3
_
-
-
-
—
FY82
12.5
15.
30.
50.
150.
_
-
-
-
-
FY83-85
12.5
15
30
50
150
12.5
15
30
50
150
FY80
Category
I, II, III
Category IV
Total
Workyears
FY81
363
363
FY82
1,632.5
1,632.5
FY83
1,632.5
742.5
2,375.0
FY84
1,632.5
742.5
2,375.0
FY85
1,632.5
742.5
2,375.0
2,227.5
32
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AUTHORIZED STATES WILL ENFORCE THE PROGRAM
Each State must ensure compliance with manifest, permit and
reporting requirements. Enforcement against reporting and
manifest violations will begin in November 1980; before June
1981, States will not enforce against permit violation but
instead against interim status standards for facilities. As
permits are issued (beginning in June 1981), States will begin
enforcing against permit violations.
The State activities and tasks related to enforcement include
the following.
1. Manifest enforcement (against generators)
a. Review exception reports
b. Issue notices of warning
c. Issue notices of violation
d. Issue compliance orders
e. Follow-up compliance evaluation inspections
2. Generator enforcement (affirmative inspections)
a. Perform compliance evaluation inspections
of high priority generators identified from
exception report (site visit)
b. Conduct compliance evaluation inspections
of off-site facilities with significant
discrepancies
c. Issue notices of warning
d. Issue notices of violation
e. Issue compliance orders
f. Follow-up affirmative inspections
3. TSD facility enforcement (interim status and permit
violations)
a. Conduct compliance evaluation inspections of
facilities
b. Issue notices of warning
c. Issue notices of violation
d. Issue compliance orders
f. Follow-up inspection
e. Prepare case, if necessary
4. Generator and facility annual reports
a. Review reports
b. Follow up to assure completeness and accuracy
c. Identify non-notifiers
33
-------
d. Issue notices of warning
e. Issue notices of violation
f. Issue compliance orders
g. Follow-up compliance evaluation inspections
The following is a list of our assumptions and pricing related to
State efforts to assure compliance.
Category I, II, and III States will begin compliance
activities in FY 80. Category IV States will begin in
FY 83.
The 16 States in category A will require 2 workyears each
year to carry out a complete compliance assurance program;
the 7 States in category B will require 3 workyears; the
14 States in category C will require 6 workyears; the 12
States in category D will require 10 workyears; and the
7 States in category E will require 24 workyears.
Table 7
State Workyears Required to Assure Compliance
FY80 FY81 FY82 FY83 FY84 FY85 Total Workvears
60
108
396
480
720
I, II, III
A
B
C
D
E
10
18
66
80
120
10
18
66
80
120
10
18
66
80
120
10
18
66
80
120
10
18
66
80
120
10
18
66
80
120
IV
A
B
C
D
£
Total
Workyears
294
294
294
22
3
18
40
48
425
22
3
18
40
48
425
22
3
18
40
48
425
2,157
The following two tables summarize the information on State
workyears required to implement Subtitle C. Table 8 on page 35
summarizes the total State workyears required by fiscal year
activity. Table 9 on pages 36-7 shows the workyear estimates by
State. We have included the State-by-State totals only to show how
we derived the resource estimates; EPA will not use these estimates
in assessing State programs for authorization.
34
-------
TABLE 0
Total State Workyears Required To Implement Subtitle C*
STATE ACTIVITY
A. Administer program.
WORKYEARS REQUIRED
FY 80 FY 81 FY 82 FY 83 FY 84 FY 85 TOTAL
447.7 557.0 532.3 798
B. Operate manifest system..
C. Issue permits.
0. Assure compliance.
294
102
102
150
503
150
503
150
3341
654
363 1632.5 2375 2375 2375 9,120.5
294
294
425
425
425
2157
TOTAL 741.7 1,316. 2560.8 3,748 3453 3453 15,272.5
* These figures are based on the timing and pricing factors in the ORIA.
-------
TAOI.B 9
Tota I State Wockycars, lly State*
U)
cr>
niate
Alabama
Alaska
American Samoa
Arizona
Arkansas
Cal 1 fornia
Colorado
Connecticut
Delaware
D 1 f 1 1 1" I c t of
Columbia
Florida
Oooi
-------
TAItl.R 9
Total State Hprkyears (Con't.)
Stale
Nebraska
Nevada
New llamp.shlre
Hew Jersey
New Mexico
Now York
Northern Marianas
north Carol Ina
North Dakota
Ohio
OK lahouia
Oreyon
Pennsylvania
Puerto Hi c<>
Rhode Island
South Carol Ina
.South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
V icy in J. 9 lands
Wct.<;li 1 nylon
West Virginia
Wisconsin
Wyomlmj
Cate
-------
IV. REGIONAL OFFICE ACTIVITIES AMD PRICING
Over the next several years, EPA regional offices will carry out
most of the federal responsibilities in the hazardous waste
management program. These responsibilities include assisting the
States as they develop and implement hazardous waste programs,
overseeing State activities, and implementing effective programs
in States that have not received authorization.
Within the regions, three programs conduct most of the activities
related to these responsibilities. These are the hazardous waste
management program (abatement and control decision unit D210),
the hazardous waste enforcement program (enforcement decision
unit D305), and the hazardous waste permits issuance program
(enforcement decision unit D310). On the following pages, we
define each key activity conducted by.these programs by describing
related subactivities and tasks, then list our assumptions about
the timing of the key activity and the workyears required to
carry it out.
REGIONAL PROGRAM ADMINISTRATION
Program administration includes day-to-day management of the
hazardous waste program and special problem solving. The activi-
ties and tasks related to program administration are conducted
by each of the three regional decision units and include the
following.
1. Hire and develop staff
a. Hire staff
b. Train staff
c. Maintain personnel records
2. Manage program (generally)
a. Conduct and attend meetings
b. Receive visitors
c. Respond to inquiries
d. Maintain correspondence
3. Manage contracts
a. Issue requests for proposals
b. Review proposals
c. Review technical aspects of contracts
d. Manage financial aspects of contracts
39
-------
4. Manage budget system
a. Identify future workload using Agency analysis
procedures
b. Determine resources required using Agency budget
procedures
5. Evaluate personnel and program performance
a. Identify performance objectives
b« Review performance with regional office and State
personnel
c. Recommend rewards and sanctions
6. Conduct public awareness activities
a. Identify appropriate media
b. Issue press releases, hold meetings, etc.
7. Maintain ADP system
a. Modify design and program as needs change
b. Input data and run reports
8. Provide support services
a. Provide maintenance, housekeeping, communications
services
b. Provide laboratory services
Program administration will require 5 workyears per region, two
each for the Management and Permits decision units (beginning in
FY 1981 for Permits) and one for Enforcement.
Table 10
Regional Office Workyears for Program Administration
FY80 FY31 FY82 FY83 PY84 FY85 Total
Management
(D210) 20 20 20 20 20 20 120
Enforcement
(D305)
Permits
(D310)
Total
Workyears:
10
0
30
10
20
50
10
20
50
10
20
50
10
20
50
10
20
50
60
100
280
40
-------
THE REGIONS HELP STATES DEVELOP THEIR PROGRAMS
The EPA regions will work closely with the States to develop and
strengthen their hazardous waste management programs to qualify
for both interim authorization and full authorization.This assist-
ance includes helping States to establish a base program that is
fully equivalent to the federal hazardous waste program and to
develop the application packages required for interim authoriza-
tion. This activity is composed of four major tasks:
o Assist development of legislation and regulations
o Review state authorization applications
o Develop a strategy for the State hazardous waste
program
o Assist State program development
In addition, the Regions will help the States at the beginning of
the program to notify industrial hazardous waste generators,
transporters, and disposers.
The Regions Help States Develop
Legislation and Regulations
The regional office activities and tasks related to assisting
States develop legislation and regulations are conducted in all
three decision units and include the following.
1. Support legislative development
a. Support States in drafting legislation
b. Support States in legislation process
c. Review State legislation
2. Support regulation development
a. Support States in drafting regulations
b. Support States in regulatory process
c. Review State regulations
We based our pricing for this key activity on the likelihood of
each State's receiving interim authorization using the four-
category approach described earlier. See table 2 on page 15 for
the States in each category. The following is a list of our
assumptions and estimates relating to developing legislation and
regulations. They depend solely on how likely the States are to
accept authorization.
41
-------
Regions will assist States prepare for interim authoriza-
tion by providing 0.5 workyears for each category II
State and 2 workyears for each category III State.
Regions will provide 0.5 workyears per State assisting
each category I, II, and III State modify legislation and
regulations to qualify for authorization (after they have
interim authorization).
- Regions will assist each category IV State by providing
0.25 workyears of assistance in FY 80, 1 workyear in FY
81/ 2.75 workyears in FY 82, and 2 workyears in FY 83.
We apportioned the workyears in the ratio 4:1:1 for Management:
Enforcement: Permits except in 1980, before the Permits program
begins. For that year we used 4:1, Management: Enforcement. The
following tabulation sets out regional workyears for developing
legislation and regulations:
FY80 FY81 FY82 FY83
Management
(D210) 35.0 39.7 64.2 53.7
Enforcement
(D305) 8.8 9.9 16.0 13.4 48.1
Permits
(D310) 0 9.9 16.Q 13.4 39.3
Legislation/
Regulation
Workyears: 43.8 59.5 96.2 80.5 280.0
The Regions Must Review
State Authorization AppJications
The regional office activities and tasks related to reviewing
applications for authorization are conducted with resources
budgeted in all three decision units and include the following:
1. Review interim authorization application
a. Review application for completeness
b. Evaluate completed application
c. Conduct public comment period
d. Make tentative decision on approval/disapproval
2. Negotiate interim authorization
a. Review State program plan
42
-------
b. Negotiate memorandum of agreement
c. Make final determination regarding Phase I
interim authorization
d. Review Phase II program
e. Coordinate comments with headquarters
f. Make final determination regarding Phase II interim
authorization
. 3. Monitor authorization
a. Monitor interim authorization
b. Assist States in developing final authorization
plans
c. Evaluate plans for final authorization
4. Negotiate final authorization
a. Review interim authorization performance
b. Negotiate revised memorandum of agreement
c. Grant final authorization
We based our pricing for this key activity on the likelihood of
a State's receiving interim authorization and the experience of
other programs in processing applications for program delegations.
The following is a list of our assumptions and estimates relating
to development of authorization applications.
Category III States will include a mix of authorized
States and States using cooperative agreements with EPA.
In FY 81 each category I, II, and III State will receive
authorization assistance as in the following tabulation:
Category Workyears
A .0625
B .075
C .15
D .25
E .75
- In FY 83 all States, including category IV, will receive
assistance on authorization applications. The pricing
remains the same as in FY 81.
We apportioned the workyears among the decision units in the
ratio of 4:1:1. The following table summarizes the regional
workyears for reviewing authorization applications.
43
-------
FY80 FY81 FY82 FY83
Management
(D210) 0 5.4 0 7.9
Enforcement
(305) 0 1.4 0 2.0 3.4
Permits
(D310) 0 1.4 0 2.0 3.4
Authoriza-
tion/Appli-
cation
Workyears: 0 8.2 0 11.9 20,1
Regional Offices Help Each State Develop
An Acceptable Hazardous Waste Program Strategy
The regional office activities and tasks related to developing a
program strategy are conducted in all three decision units and
include the following:
1. Develop State specific program strategies
a. Participate in meetings to provide regional input to
federal program strategy
b. Consider alternative approaches to meet regional needs
c. Develop State strategies
2. Prepare regional program guidance
a. Review strategy document provided by headquarters
b. Assist states in interpreting and implementing
guidance
c. Review State hazardous waste management plans
3. Develop public participation procedures
a. Provide guidance on public information procedures
b. Provide guidance on number, location and timing of
hearings
4. Develop ADP or other information systems
a. Review design for integrated, coordinated ADP
system to process manifest, permit, and report infor-
mation
b. Adapt system to meet regional needs
c. Work with States to adapt system to State needs
d. Debug system
44
-------
5. Provide technical/legal assistance
a. Provide technical assistance to States in developing
methods for permitting inspection and monitoring
b. Provide legal assistance to States
We based our pricing for this activity on two characteristics of
each State. We used the likilihood that each State would receive
interim authorization as well as the relative State sizes. The
following tabulation sets out our estimates relating to strategy
development. The price is in workyears per State.
Authorization
Category
I,II,III
IV
Size
Category
A
B
C
D
E
A
B
C
D
E
Price in
FY 1981
0.44
0.52
1.05
1.75
5.25
.31
.38
.75
1.25
3.75
FY 1982 FY 1983
.25
.3
.6
1
3
.31
.38
.75
1.25
3.75
.25
.3
.6
1
3
.31
.38
.75
1.25
3.75
Those estimates of prices reflect the following assumptions about
Regional support of State strategy development:
All activity relating to Phase I interim authorization
will occur between April and November 1980 and activity
relating to Phase II interim authorization will occur
between January and June 1981 (FY 81).
- Although authorization may occur at any time, most activity
relating to authorization will occur between January and
June 1983 (FY 83).
The 8 category I States will apply for Phase I interim
authorization in November 1980, Phase II interim authori-
zation in April 1981, and authorization by June 1983.
The 22 category II States will not apply for Phase I
authorization separately, but they will apply for Phase
II authorization by May 1981 and authorization by June
1983.
The 5 category III States will apply for Phase II interim
authorization by September 1981 and authorization bv June
1983.
45
-------
FY81
50.5
12.6
12.6
FY82
34.2
8.5
8.5
FY83
34.2
8.5
8.5
Total
118.9
29.6
29.6
The 21 category IV States will not apply for interim
authorization. They will apply for authorization in June
1983,
We apportioned the workload among the three decision units for
strategy development in the ratio of 4:1:1.
FY80
Management
(D210) 0
Enforcement
(D305) 0
Permits
(D310) 0
Strategy
Development
Workyears: 0 75.7 51.2 51.2 178.1
ThejReqional Offices Oversee
State Program Administration
Regional office oversight of program administration is conducted
in the Management decision unit (D210) with the exception of
negotiating grants, which is conducted in all three decision
units. The activities and tasks include the following.
1. Review State staff hiring and development.
2. Review program management.
3. Review contract management.
4. Oversee budget system.
5. Oversee and review public awareness activities.
a. Identify appropriate media
b. Issue press releases
6. Explain grant requirements.
a. Develop grant conditions
b. Conduct guidance visit
c. Review initial application
46
-------
7. Negotiate/award grant.
a. Visit State offices
b. Coordinate with other program under State-EPA
Agreements
c. Review and approve final application
8. Administer grant.
a. Clarify and interpret grant regulations
b. Administer grant funds
c. Conduct grant review meetings
We based our pricing for this key activity on the likelihood of
a State's receiving interim authorization (see Table 2).
- In FY 81 and FY 82 the regions will oversee State program
administration in all category I, II, and III States, i.e.,
excluding the States (category IV) we do not expect to
accept interim authorization.
- In FY 83 through FY 85 the regions will oversee program
administration in all States.
The regions will negotiate a hazardous waste management
grant each year with each State.
The pricing, in workyears, for administration and grant negotiation
depend on State size (Table 1) and are set out in the following
tabulation:
Size Program Grant
Category Administration Negotiation
A .05 .05
B .06 .06
C .12 .12
D .2 .2
E .6 .6
We apportioned the workyears for negotiating grants among decision
units in the ratio of 2:1:1 (except for permits, which does not
begin until FY 1981). Oversight falls exclusively within the
Management decision unit.
47
-------
The next table summarizes to.tal regional workyears to oversee
program administration.
FY80 FY81 FY82 FY83 FY84 FY85 Total
Management
(D210) 4.7 11.2 11.2 14.2 14.2 14.2 69.7
Program
Management (0) (6.5) (6.5) (9.5) (9.5) (9.5) (41.5)
Grants (4.7) (4.7) (4.7) (4.7) (4.7) (4.7) (28.2)
Enforcement
(D305) 2.4 2.4 2.4 2.4 2.4 2.4 14.4
Permits
(D310) - 2.4 2.4 2.4 2.4 2.4 12.0
Program
Administration
Workyears: 7.1 16.0 16.0 19.0 19.0 19.0 96.1
Notification Is an Important
Regional Activity In FY 80
The activities and tasks related to data collection include the
following:
1. Distributing notification forms
2. Training staff
3. Processing forms returned
4. Sending letters of warning
5. Reviewing and responding to confidential business
information requests
6. Providing industry assistance
7. Overseeing notification contract
The following is a list of our assumptions and estimates relating
to notification:
- All notification will occur in FY 80. The regional
offices will expend a total cost of 20 workyears. In
FY 81/ five workyears will be required for follow-up.
48
-------
- The data processing of notification forms will be performed
under contract; contract costs are not included in the
workyear calculations below.
Because notification is of short duration (primarily FY 1980),
we expect the regions will use other-than-permanent employees.
The following table summarizes regional workyears for notifica-
tion.
FY80 FY81 FY82 FY83 FY84 FY85 Total
Management
(D210)
Workyears: 20 5 - - - - 25
Table 11 summarizes the workyear expenditures in the regions for
the five activities within Program Development.
Table 11
Total Regional Workyears to Help
States
Develop Their Programs
FY80 FY81 FY82 FY83 FY84
Management
(D210) 59.7 111.
Enforcement
(D305) 11.2 26.
Permits
(D310) 0 26.
Total
Workyears: 70.9 164.
THE MANIFEST SYSTEM IS A
IMPLEMENTATION ACTIVITY
8 109.6 110.0 14.2
3 26.9 26.3 2.4
3 26.9 26.3 2.4
4 163.4 162.6 19.0
MAJOR
FY85 Total
14.2 419.5
2.4 95.5
2.4 84.3
19.0 559.3
The manifest system is the process for tracking hazardous wastes
from generation to the point of ultimate disposition, e.g., dis-
posal. EPA will operate manifest systems in 21 States not author-
ized to do so.
The activities and tasks related to the manifest system fall in
two categories, actual implementation activities conducted by
regions and oversight by regions of authorized State programs.
Those activities are conducted in the Manageraent decision unit
(D210) and include the items listed below.
49
-------
Regional Implementation
(Unauthorized States)
SAME
Regional Oversight
(Authorized States)
1. a. Provide technical assistance
to States on requirements
b. Provide technical assistance
to generators, transporters,
and owners/operators of TSDFs
2. Review exception reports.
a. Work with States to specify a. Receive exception reports
ADP formats from generators States
b. Review summary reports from b. Process for ADP system
States c. Specify ADP report formats
d. Review ADP report and for-
ward Summary reports to
regional office
The following is a list of our assumptions relating to the manifest
system:
The regional offices will provide technical assistance
to generators, transporters, and facility operators on
the use of manifest system before July 1981. The assist-
ance will be in the form of 1/2- to 1-day workshops,
requiring an average of 1 workyear per region.
Regional offices will implement the manifest system in
the 21 unauthori2ed States through 1983.
Regional offices will oversee State implementation of the
manifest system in all category I, II, and III States be-
ginning in 1981 and in category IV States beginning in
1984.
Exception reports are processed by computer; the reports
that are generated that are forwarded to Enforcement for
setting enforcement priorities. Key punching for proces-
sing of reports is done under contract. Data processing
costs are included under "Develop Program."
50
-------
FY81-83
1
1
2
3
9
.05
.05
.05
.75
2.0
_
-
-
-
-
FY84-85
_
-
_
—
-
.05
.05
.05
.75
2.0
0.5
0.5
0.5
0.75
2.0
We estimated the prices, in.vorkyears, as follows for implementation
and oversight:
Authoriza-
tion Size Price
Activity Category Category
Implement IV A
B
C
D
E
Oversee I,II,III A
B
C
D
E
IV A
B
C
D
E
The following table summarizes the workyears for the Manifest
system.
Table 12
Regional_Workyears for the Manifest System
FY80 FY81 FY82 FY8 3 FY 84 FY85
Implement 48 48 48
Oversee 10 27 27 27 41.5 41.5
Management
(D210)
Workyears: 10 75 75 75 41.5 41.5 318
EPA WILL PROCESS PERMITS
In FY 1981, EPA will begin a six-year program to issue permits
for an estimated 30,000 hazardous waste treatment, storage, and
disposal facilities nationwide. States and EPA regional offices
will issue permits on a case by case basis using "best engineering
judgment" based on general performance standards. This regula-
tory approach will require individual technical evaluations and
increase the number of hearings for permits.
51
-------
The regional offices will process permits in States without
authorization and oversee authorized State programs.
o In FY 1981, the regional offices will:
- process Part "A" applications for all States
oversee the system for processing permits in 35
category I, II, and III States
process permits in 21 category IV States
provide special assistance to States as they begin
their programs
o In FY 1982 and 83, the regional offices will:
oversee the processing of permits in 35 category
I, II, and III States
process permits in 21 category IV States.
o In FY 1984 and beyond, EPA's role will be only oversight,
since all States will be authorised to implement the
hazardous waste program.
The hazardous waste management program (decision unit D210) is
responsible for providing the detailed technical expertise needed
to process permits or oversee State permit processing. Management
resources make up two-thirds of the total resources for oernit
processing. The permits issuance program (D310) provides the
legal, administrative, and routine technical expertise needed
for permit processing and oversight. Resources for the permits
issuance program are one-third of the total for permit processing.
Regional Office Permit Processing
The EPA regional offices will process permits in the 21 category
IV states from April 1981 until May 1983, when the States become
authorized to process their own permits. The regions will
concentrate on the two highest priority facilities: off-site
treatment and disposal facilities and on-site treatment and
disposal facilities. The third type of facility, off-site storage,
has a lower priority and will be completed by the States after
authorization.
The 21 category IV States contain, according to EPA estimates,
approximately 7500 facilities which must be permitted, including
300 off-site treatment and disposal facilities, 6000 on-site
treatment and disposal facilities, and 1200 off-site storage
facilities.
52
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The permits issuance activities conducted by the hazardous waste
management program and the permits issuance program in category
IV States in 1982 and 1983 include the following.
1. Receive Part "A" applications, log in and enter key
information in data system and review for completeness.
Establish a permit file for the applications and subse-
quent permit actions. Upon completing the review,
inform applicant in writing whether or not the applica-
tion is complete and list any required additional infor-
mation.
2. Establish a priority for evaluating and processing
applications. Evaluate Part "A" completed applications
and determine which applicants should submit a Part "B"
application. (This could be done simultaneously with
the review for completeness.) Based on the priority
system, inform selected applicants to submit Part "B"
applications. The regulations require that New Source
and Part "B" applications for existing sources must be
reviewed within 30 days of receipt. Review Part 3
applications and inform the applicant in writing whether
or not the application is complete and list any required
additional information.
3. After receiving a complete RCRA permit application,
including both parts "A" and "B", for major hazardous
waste management facilities, issue a public notice
that an application has been received and distribute it
as required in the regulations (Part 124.31). (This
public notice is in addition to the public notice of
the draft permit and is specifically required before
EPA notifies the public about the draft permit.)
4. Prepare the draft permit, statement of basis or fact
sheet, whichever is applicable, and the administrative
record for the draft permit. A site visit may be neces-
sary to verify application data and obtain a better
understanding of the facility in order to prepare the
draft permit. After the draft permit and supporting
documents have been prepared, issue a public notice
(following Part 124.11 of the regulations).
5. Review all comments received from the public notice of
the draft permit and determine whether a public hearing
is warranted.
6. If a hearing is determined to be needed, prepare a public
notice for the hearing, identify the hearing panel mem-
bers and be prepared to provide technical expertise at
the hearing. After the hearing, evaluate the record and
53
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determine whether the draft permit needs to be modified.
If the hearing raises additional information that war-
rants changes in the draft permit, process a new draft
permit and notify the public of the changes.
7. After the close of the public comment period (including
any public hearing periods), prepare the response to com-
ments required by Part 124.19 and the administrative
record required by Part 124.20; issue the final permit;
and serve notice of that action on the applicant and on
each person who has submitted written comments or request-
ed notice when the final permit is issued. The notice
must include reference to the procedures available to
appeal a RCRA permit determination.
8. Upon receipt of a timely request for an appeal of a RCRA
permit under Part 124.21, determine whether to grant or
deny the petition and issue an appropriate order.
Issue permit if review has been denied or grant review
and exhaust Agency review procedures before issuing a
final permit, in accordance with Part 124.21. All
action on an appeal must be made a part of administrative
record and included in the permit file.
The workyears required to operate the permits issuance program
in States without authorization (i.e., category IV) depends on
State size. The following tabulation summarizes the number of
workyears required to process permits in FY 1982 and FY 1983.
Because the program starts in mid-FY 1981, we have assigned one-
half of the prices in that year as well.
Total
Workyears Management Permits
Category IV Per State (D210) (D310)
A 2 1.2 0.8
B 2.5 1.5 1.0
C 5 3.0 2.0
D 8 4.8 3.2
E 24 14.4 9.6
The following table summarizes the regional workyears to process
permits:
54
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Management
(D210)
Permits
(D310)
Permit
Processing
Workyears :
Regional Overs
FY81
36
24
60
ight of State
FY82
72
48
120
Permits
FY83
72
48
120
Programs
120
300
EPA has a statutory and regulatory responsibility for overview
of State-operated programs to assure they are consistent with the
requirements of the Resource Conservation and Recovery Act. SPA
intends to conduct the overview systematically with a minimum of
interference to the States. The overview program should be
operated to —
1. Provide the region with a working knowledge of State
permitting activities and access to accurate and current
permit information.
2. Provide the region with the ability to comment on State
issuance of permits which are inconsistent with Federal
regulations.
3. Allow the regions to be responsive to State needs for
program guidance and technical information to facilitate
timely permit issuance.
4. Assure that the States maintain knowledgeable staffs to
process and issue effective and enforceable permits con-
sistent with national requirements.
Regional offices will begin oversight of the 35 category I, II,
III States in FY 1981 and the 21 category IV States in FY 1984.
Oversight includes the following activities:
1. Liaison with State agency.
2. Written agreements with the State agency (Memorandum of
Agreement), reviewed and updated as necessary annually.
3. Guidance to States in preparation of annual program plan
and plan review and approval. Monitoring and assessment
of program commitments and accomplishments. Participa-
tion at Regional mid-year and end-of-year evaluations.
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4. Forraal program and -policy review meetings and routine
telephone conferences. Timely dissemination and explana-
tion of technical information to help the State draft
and defend permits that provide for the safe storage
and disposal of hazardous waste. Participation at
State public hearing to explain and defend Federal
requirements.
5. Review of selected State permit files and permit tracking
procedures.
6. Selected facility inspections to assess whether permit
requirements are adequate.
7. Continuing review of selected State permit actions for
consistency with Federal requirements. The State Director
is required to forward to the Regional Administrator
copies of draft permits and permit applications for all
major hazardous waste management facilities for review
and comment. The details of permit review need to be
developed as part of the Memorandum of Agreement. A
selected number of permits should be reviewed as a
minimum, annually. EPA will review annually the State's
list of major hazardous waste management facilities
to assure all major facilities are properly identified.
We estimate that EPA will need the following workyears for State
permit oversight in FY 1982 and beyond:
Category
A
B
C
D
E
No. States
1982-3 1984-5
5
6
11
8
5
16
7
14
12
7
Total
Workyears
Per State
.6
.6
1.2
2.0
6.0
Management
(D210)
.36
.36
.72
1.2
3.6
Permits
(D310)
0.24
0.24
0.48
0.8
2.4
In FY 1981, the workyears required for overseeing State permitting
are .4 for category A and B States, .8 for category C States, 1.3
for category D States, and 4.0 for category E States.
The following table sets out total regional workyears required
for permit oversight.
56
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Management
(D210)
Permits
(D310)
Permit
Oversight
Workyears :
FY81
26.2
17.4
43.6
FY82
39.5
26.3
65.8
Regional Offices Provide Special
in Developing
Permit
Programs
FY83
39.5
26.3
65.8
FY84
58
38
96
.0
.6
.6
FY85
58
38
96
.0
.6
.6
Total
221.
147.
368.
2
2
4
Assistance
The regions will conduct a special program to work with the
States in permitting program development, permits processing,
and oversight in FY 81 only.
1. Recommend permit methodologies to States
2. Review proposed permit procedures with States
3. Participate with States in initial permit activities
4. Assist States in designing methods for evaluating and
improving permit process to increase permitting efficiency
We based the pricing for this activity on State size, according
to the following tabulation. (For definitions of the categories
see Table 2. ) Wf> believe that the regions must expend a minimum
of one workyear for each State.
Size
Category Workyears
A 1.0
B 1.0
C 1.0
D 1.67
E 5.0
The next table summarizes regional workyears for special permit
assistance.
FY80 FY81 . FY82 FY83 Total
Permits
(D310) 0 92.0 - - 92,0
The next table summarizes issuance, oversight, and special
assistance.
57
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Table 13
Petal Regional Resources for the Permit Program
Management
(D210)
Permits
(D310)
Total
Workyears :
FY81
62.2
41.4
103.6
FY82
111.5
166.3
277.8
FY83
111.5
74.3
185.8
?Y84
58.0
38.6
96.6
FY85
58.0
38.6
96.6
Total
401.2
359.2
760.4
EPA WILL ASSURE COMPLIANCE
In FY 81 regional offices will begin enforcing against reporting,
manifest, and permit violations in the 21 States that have not
been authorized. In the 35 States with interim authorization
EPA's role will be one of overseeing enforcement. In FY 83 and
beyond EPA's role will be only oversight, since we expect all 56
States to have authorization.
The regional activities and tasks related to enforcement include
the following:
1. Manifest enforcement (against generators).
a. Review exception reports
b. Issue notices of warning
c. Issue notices violation
d. Issue compliance orders
e. Follow up compliance evaluation inspections
2. Generator enforcement (affirmative inspections).
a. Perform compliance evaluation inspections (CEI) of
high-priority generators identified from expection
reports (site visit)
b. Conduct CEIs of off-site facilities with significant
discrepancies
c. Issue notices of warning
d. Issue notices of violation
e. Issue compliance orders
f. Follow up afirmative inspections
3. TSD facility enforcement (interim status and permit
violations).
a. Conduct compliance evaluation inspections of major
facilities
58
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b. Issue notices of warning
c. Issue notices of violation
d. Issue compliance orders
e. Prepare case, if necessary
f. Make follow-up inspection
4. Generator and facility annual reports.
a. Review reports
b. Follow-up to assure completeness and accuracy
c. Identify non-notifiers
d. Issue notices of warning
e. Issue notices of violation
f. Issue compliance orders
g. Make follow-up compliance evaluation inspections
5. Notification.
a. Review data and identify non-notifiers
b. Send letters of warning
c. Send notice of violation
d. Send compliance order
e. Conduct follow-up activity
f. Institute Civil/criminal proceedings against
non-notifiers
6. Regional oversight.
a. Review State enforcement actions
b. Assist States in follow-up and case preparation
c. Participate in some State compliance evaluation
inspection
d. Participate in some State compliance sampling
inspections
e. Take enforcement actions when States are negligent.
f. Provide laboratory support and assure data reliability.
The following is a list of our assumptions related to Regional
efforts to assure compliance.
Category I, II, and III States will begin compliance acti-
vities in FY 80; category IV States will begin in FY 83.
In category I, II, and III States, EPA will conduct only
oversight activities; in category IV States, EPA will
conduct an enforcement program though FY 83, at which
time these States will receive authorization and EPA
will conduct only oversight activities.
EPA will enforce against non-notifiers.
59
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We set out our estimates of prices in the next two tabulations.
The first is for States without authorization, in which EPA must
conduct enforcement. The second tabulation summarizes the prices
for overseeing enforcement programs—i.e., in category I, II, III
states for FY 1981 through PY 1985 and in category IV States for
FY 1984 and FY 1985.
Category IV
A
B
C
D
E
Categories
A
B
C
D
E
3 States
Workyears per
State in
FY 81
11
1
3
4
2
1
1
4
Workyears
State in
FY 81
.3
.3
.3
.5
1.5
.7
.7
.0
.3
.0
per
Workyears per
State in
FY 82-83
.7
.7
1.3
2.0
6.0
Workyears per
State in
FY 82-85
. 3
.3
.7
1.0
3.0
Enforcement (D305) receives 100 percent of the resources.
The next table sets out the total workyears associated with
assuring compliance.
Table 14
Total Regional Workyears to Assure Compliance
Conduct
Oversee
Total
Enforcement
(D305)
Workyears
FY81
24.6
18.1
42.7
FY82
32.3
34.0
66.3
FY83
32.3
34.0
66. 3
FY84
49.7
49.7
FY85
49. 7
49. 7
Total
89.2
185.5
274.7
60
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*****
The next four tables summarize EPA's regional workload. The
first three (Tables 14/ 15/ 16) set out totals for the Management,
Enforcement, and Permits decision units. Table 17 provides a
total for all regional resources connected with the hazardous
waste program.
61
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Table 15
Summary of Hazardous Waste Management Resources (D210)
PY 1980 - FY 1985
REGIONAL ACTIVITY
Administer regional
program
Assist State program
development
Operate manifest system
Oversee manifest system
Process permits
Oversee permits issuance
TOTAL
Workyears
FY 80 FY 81
20 20
59.7 111.8
48.0
10 27
36
26.2
89.7 269.0
FY 82
20
109.6
48.0
27
72
39.5
316.1
FY 83
20
110.0
48.0
27
72
39.5
316.5
FY 84 FY 85 TOTAL
20 20 120
14.2 14.2 419.
144.
41.5 41.5 174
180
58 58 221.
133.7 133.7 1258.
2
0
2
7
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REGIONAL ACTIVITY
Administer regional
program
Assist State program
development
Conduct States compliance
program
Oversee State compliance
program
TOTAL
Workyears
Table 16
Summary of Hazardous Waste Enforcement Resources (D305)
FY 1980 - FY 1985
FY 80 FY 81 FY 82 FY 83 FY 84 FY 85 TOTAL
10
10
10
10
10
10
60
11.2 26.3 26.9 26.3
2.4
2.4 95.5
18.1 34.0 34.0 49.7 49.7 185.5
24.6 32.3 32.3
89.2
21.2 79.0 103.2 102.6 62.1 62.1 430.2
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Table 17
Summary of Hazardous Waste Permitting Resources (D310)
FY 1980 - FY 1985
REGIONAL ACTIVITY
Administer regional
program
Assist State program
development
Process permits
Oversee permits
process
Provide special
permits assistance
TOTAL
Workyears
FY 81 FY 82 PY 83
20 20 20
26.3 26.9 26.3
24.0 48.0 48.0
17.4 26.3 26.3
92
179.7 121.2 120.6
FY 84 FY 85 TOTAL
20 20 100
2.4 2.4 84.
120
38.6 38.6 147.
92
61 61 543.
3
2
5
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Table 18
Summary of Total Regional Workyears for
REGIONAL ACTIVITY
Administer regional
program
Assist State program
development
Operate manifest system
Oversee manifest system
Process permits
Oversee permits process
Provide special permits
ass istant
Conduct State compliance
Oversee State compliance
program
TOTAL
Workyears
the
PY 80
30
70.9
-
10
-
-
-
-
-
Hazardous
PY 81
50
164.4
48
27
60
43.6
92
1R.1
24.6
Waste
FY 82
50
163.4
48
27
120
65.8
_
34
32.3
Program
FY 83
50
162.6
48
27
120
65.8
_
34
32.3
FY 8
50
19
-
41.5
-
96.6
_
49.7
-
50
19
41.5
96.6
280
599.3
144
174
300
368.4
92
49.7 49.7 185.5
89.2
110.9 527.7 540.5 539.7 256.8 256.8 2232.4
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V. AVAILABILITY OF PERSONNEL
The purpose of this chapter is to assess the availability of
personnel resources necessary to implement the Subtitle C
regulations. The analysis has three sections. The first sec-
tion divides our total workyear estimates into general occupa-
tional classifications and assesses the availability of indivi-
duals with relatively scarce skills. The second and third
sections describe the staffing requirements for individual
State and regional office hazardous waste programs, respectively.
IMPLEMENTATION REQUIRES
A VARIETY OF SKILLS
We determined the total workyears required for each key activity
by adding the State and regional workyear estimates derived in
Chapters three and four. We decided to use FY 1983 as the"base
year for assessing availability of personnel because more work-
years will be needed then than any other year. We grouped the
PY 1983 key activities into three categories/ "program manage-
ment," "permits," and "compliance." Finally, we divided the
total workyear estimates into general personnel classifications,
based on judgments of regional and headquarters personnel.
Table 19 on page 68 displays the analysis. As the table shows,
program management workyears are 40% administrative, 30% cleri-
cal, 10% legal, and 20% technical. Permits and enforcement
workyears are 15% administrative, 20% clerical, 25% legal, and
40% technical.
Based on our workyear estimates and the above percentages, States
and EPA will need 952 administrative workyears, 981 clerical
workyears, 887 legal workyears, and 1,467 technical workyears
in the largest year of the program. Individuals with administra-
tive, clerical, or legal skills should be readily available.
The technical personnel required by State and regional hazardous
waste programs can come from a variety of disciplines, with the
exact nix of skills up to the discretion of the program director.
Among the scientific and engineering disciplines likely to pro-
duce employees are civil, sanitary, chemical, and environmental
engineers; chemists; biochemists; biologist; hydrologists; pub-
lic health specialists; etc.
Over the last decade U.S. colleges and universities awarded
between 67,000 and 70,000 bachelor's degrees and 30,000 master's
and doctoral degrees in these disciplines each year. Although
the employment rate for individuals with technical skills is
very high (about 96 percent), we do not anticipate any difficulty
finding and hiring individuals with the necessary qualifications.
67
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TABLE 19
Skills Required To Implement Subtitle C
General Personnel Classification
Administrative Clerical Legal Technical
jl Requirement ^ Requirement ^ Requirement %^ Requirement Total
Program management... 40% 494 30% 371 10% 124 20% 247 1,236
Permit Process 15 384 20 512 25 640 40 1,024 2,560
Compliance 15 74 20 98 25 123 40 196 491
Total Workyears
952 981 887 1,467 4,287
1'rhis personnel classification includes scientific and engineering disciplines such
as civil, sanitary, chemical, and environmental engineers; chemists; biochemists;
biologists; hydrologists; public health specialists; etc.
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STATE PROGRAMS MUST
INCREASE IN SIZE
In chapter three we analyzed the activities which States would
conduct to implement Subtitle C. According to our estimates,
State programs must increase considerably to carry out these
activities successfully.
In FY 1980, States are devoting approximately 750 workyears to
hazardous waste activities. As indicated in table 8 on page
35, State investment will increase to about 1300 workyears in
FY 1981, 2560 workyears in FY 1982, 3750 workyears in FY 1983,
and then decline to 3450 workyears thereafter.
EPA hazardous waste grants support much of the State effort.
For fiscal year 1982 and beyond, the States must match EPA's
grants, supplying 25 percent of the amount from their own funds.
If grants are to continue to support State programs at the sarae
level, grant funds must increase to a maximum of $103 million,
as shown below. We considered the effects of inflation on
those grants. The next tabulation sets out the amounts assuming
a 10 percent inflation rate.
EPA
Grants
State
Match
FY 80 FY 81 FY 82 FY 83 FY 84 FY 85 Total
30.0 57.5 92.3 93.7 103.0 395.0
18.5
0
0
19.2 30.7
31.2
34.4 115.5
REGIONAL PROGRAMS WILL
INCREASE IN FY 1981
The tables on pages 62-64, Tables 15, 16, and 17, displayed the
workyears devoted by each of the three regional hazardous waste
programs to each key activity over the next five years. The
information was taken directly from the activity pricing con-
tained in chapter four.
As the tables show,
from FY 1980 to 1981
(D210) will increase
increase of 183.3 wo
program (D305) will
80.5 workyears. The
(D310) will increase
FY 1981.
each program will increase considerably
. The hazardous waste management program
from 81.5 workyears to 264.8, a total
rkyears. The hazardous waste enforcement
increase from 36.0 workyears in FY 1980 to
hazardous waste permits issuance program
from zero in FY 1980 to 157.8 workyears in
69
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Tables 20, 21, and 22 show the distribution among the regions
which would result if the ORIA assumptions were used as the
basis for distribution. In each case the distribution shown is
based on the activity pricing information from chapter four.
70
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Table 20
Hazardous Waste Management (D21Q) FY 1981 Resources
ACTIVITY
A. Administer regional
projrain
0. Assist State program
development
C. Operate manifest
system
D. Oversee manifest
sys tern
(;. Process permits
P. Oversee permits
issuance
TOTAL
Based on the ORIA*
REGION
I II III IV V VI VII
lal 2.0 2.0 2.0 2.0 2.0 2.0 2.0
jram 8.1 10.4 13.9 15.7 20 9.5 5.4
14 6 12 12 1
3.25 3.25 3.5 4 5.25 1.25 1.5
.6 3.0 4.8 9.6 9.3 .6
2.2 3.4 3.6 3.8 6.1 1.0 1.4
15.55 20.65 30.0 36.3 54.95 35.05 11.9
VIII
2.0
6.7
5
1
3.3
0.5
18.5
IX
2.0
13.9
4
3
2.4
3.1
28.4
X TOTAL
2.0 20.0
8.0 111.6
3 48
1 27.0
2.2 35.8
1.0 26.1
17.2 268.5
% ORTA 5.79 7.69 11.17 13.52 20.47 13.05 4.43 6.89 10.58 6.41 100
01UA Distribution 15.33 20.36 29.58 35.80 54.20 34.56 11.73 18.24 28.02 16.97 264.8
*Acl'.ticjl fiscal year 1981 resource targets differ slightly from the ORIA distribution.
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Table 21
Hazardous Waste Enforcetuent (0305) FY 1981 Resources
Distribution Based on the ORIA*
REGION
ACTIVITY
II III
IV V VT VII VIII IX
TOTAL
A. Administer recjional
program
(3. Assist State program
development
C. Conduct State
compliance program
D. Oversee compliance
TOTAL
1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 10
1.8 2.4 3.35 3.7 4.7 2.35 1.2
.7 2.0 2.6 5.3 5.7
.7
2.0 2.3 2.4 2.6 3.8 .8 .9
1.6 3.3 1.85 26.25
3.1 2.8 1.7 24.6
.6 2.1 .6 18.1
4.8 6.4 8.75 9.9 14.8 9.85 3.8 6.3 9.2 5.15 78.95
% ORIA 6.08 8.11 11.08 12.54 18.75 12.48 4.81 7.98 11.65 6.52 100
OR]A Distribution 4.89 6.53 8.92 10.09 15.09 10.05 3.87 6.42 9.38 5.25 80.5
*Acttial fiscal year 1981 resource targets differ slightly from the ORIA distribution.
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Table 22
Hazardous Waste Permits JD310) I?Y 1981 Resources
Distribution Based on the ORIA*
REGION
ACTIVITY
II III
IV V
VT VII VIII IX
TOTAL
A. Administer regional
program
D. Assist State program
development
C. Process permits
D. Oversee penults
process
E. Give special
permits assistance
'lOl'AL
2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 20.0
.1.8 2.4 3.35 3.7 4.7 2.35 1.2
.4 2.0 3.2 6.4 6.2
.4
1.5 2.3 2.4 2.6 4.0 0.7 1.0
6.1 8.7 10.7 12.0 19.3 9.7 4.0
1.6 3.3 1.85 26.25
2.2 1.6 1.5 23.9
.3 2.1 0.6 17.5
6.0 11.0 4.0 91.5
11.4 15.8 20.45 23.5 36.4 20.95 8.6 12.1 20.0 9.95 179.15
% OUfA 6.3G 8.82 11.42 13.12 20.32 1.1.69 4.80 6.75 11.16 5.55 100
OJUA nisr.ril>ut ion 10.04 13.92 18.02 20.70 32.06 18.45 7.57 10.65 17.61 8.76 157.8
*Actual fiscal year 1901 resource targets differ slightly from the ORIA distribution.
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