United States
Environmental Protection
Agency	
Solid Waste and
Emergency Response
(5305W)	
EPA53Q-R-97-071
PB98-108 269
November 1997
SEPA
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
State Programs
Updated July 1997

-------
DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-W0-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA
policy.'
The information in this document is not by any means a complete representation of EPA's regulations or
policies. This document is used only in the capacity of the Hotline training and is not used as a reference
tool on Hotline calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This
document is not intended and cannot be relied upon to create any rights, substantive or procedural,
enforceable by any party in litigation with the United States,
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703) 412-9810
(800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.

-------
50272-101
REPORT DOCUMENTATION 8 1. REPORT NO.
PAGE	" EPA530-R-97-071
4. Title and Subtitle
RCRA, SUPERFUND, AND EPCRA HOTLINE TRAINING NODULE: INTRODUCTION TO
STATE PROGRAMS
 5. Report Date
 NOVEMBER 1997
0 6.
7. Author(s)
8. Performing Organization Rept. No
9. Performing Organization Name and Address
U.S. EPA
OFFICE OF SOLID WASTE
401 M STREET, SU
WASHINGTON. DC 20460	
0 10. Project/Task/Work Unit No.
e
"11. Contract(C) or Grant(G) No.
*	(C) 68-W0-0Q39
#	(G)
12. Sponsoring Organization Name and Address
BOOZ-ALLEN & HAMILTON
4330 EAST WEST HIGHWAY
BETHESDA, MARYLAND 20814
 13. Type of Report & Period Covered
0 TRAINING - UPDATED 7/97

0	14.
15. Supplementary Notes
16. Abstract (Limit: 200 words)
ONE OF A SERIES OF MODULES DEVELOPED AS A TRAINING TOOL FOR HOTLINE SPECIALISTS. OUTLINES THE REQUIREMENTS AND PRO-
CEDURES FOR A STATE TO BECOME AUTHORIZED FOR THE RCRA PROGRAM. DESCRIBES HOW THE STATE AUTHORIZATION SYSTEM CAN AFFECT
THE APPLICABILITY OF CERTAIN RULES. SPECIFIES WHY STATES ARE AUTHORIZED BY EPA AND LISTS THE ELEMENTS OF AN AUTHORIZED
STATE PROGRAM. OUTLINES THE DELEGATION PROCESS AND IDENTIFIES COMPONENTS OF AN AUTHORIZATION APPLICATION. SPECIFIES
THE APPLICABILITY OF HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA) AND NON-HSVA PROVISIONS IN AUTHORIZED AND UNAUTHORIZED
STATES. DEFINES AND PROVIDES THE CITATION FOR THE "CLUSTER RULE." THE INFORMATION IN THIS DOCUMENT IS NOT A COMPLETE
REPRESENTATION OF EPA'S REGULATIONS OR POLICIES, BUT IS AN INTRODUCTION USED FOR HOTLINE TRAINING PURPOSES.
17. Document Analysis a. Descriptors
b. Identifters/Open-Ended Terms
c. COSATI Field/Group
18. Availability Statement
RELEASE UNLIMITED
" 19. Security Class (This Report)0 21. No. of Pages
*	UNCLASSIFIED	 21	
	20. Security Class (This Page)  22. Price
 UNCLASSIFIED	 0.00	
(See ANSI-Z39.18)
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)

-------
STATE PROGRAMS
CONTENTS
1. Introduction
2. Regulatory Summary	 3
2,
2,
2,
2,
2,
2.6.,
2.7..
	State Authorization
	State Authorization Applications
	EPA Approval Process
						.......The Cluster Rule
	Effect of RCRA/HSWA Authority
Compliance Schedules and Withdrawals
				Interim Authorization
3.	Special Issues	 13
4.	Regulatory Developments				 15
4.1..							Streamlined Revision Process
4.2			Authorization for Indian Tribes

-------
1. INTRODUCTION
The Resource Conservation and Recovery Act (RCRA) addresses an
enormous problem  how to safely manage the huge volumes of solid and
hazardous waste generated in this country. The statute lays out the
framework for such a program, and Congress charged EPA to develop and
oversee the implementation of regulations governing the identification and
management of hazardous wastes. Congress intended for states to assume
responsibility for implementing the RCRA Subtitle C program with
oversight from the federal government. The rationale was that states are
more familiar with the regulated community and are in a better position to
administer the programs and respond to specific state and local needs. In
addition, the regulation of waste management activities has traditionally
been viewed as an area within states' enforcement power and
responsibility. Most states have their own state environmental protection
regulations. These states may apply for authorization to have their state
hazardous waste program operate in place of the federal hazardous waste
program.
This module outlines the requirements and procedures for a state to
become authorized to manage and oversee its own RCRA program. It also
describes how the state authorization system can affect the applicability of
certain rules. When you have completed this module you will be familiar
with the state authorization process for hazardous waste management
programs. Specifically, you will be able to:
	Specify why states are authorized by EPA and list the elements of an
authorized state program
	Outline the delegation process and identify components of an
authorization application
	Specify the applicability of Hazardous and Solid Waste Amendments
(HSWA) and non-HSWA provisions in authorized and unauthorized
states
	Define and provide the citation for the "cluster rule."
Use this list of objectives to check your knowledge after you complete the
training session.
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
2 - RCRA State Programs
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
2. REGULATORY SUMMARY
The regulations concerning state authorization are found in 40 CFR Part
271. These regulations outline the requirements and procedures a state
must satisfy in order to receive authorization to implement the federal
hazardous waste program. To receive the delegated responsibility from
EPA for implementing the Subtitle C program, states must develop their
own hazardous waste program which must be approved by EPA. This
"authorization" process is described below.
2.1 STATE AUTHORIZATION
RCRA 3006 gives EPA the authority to authorize qualified states to
administer and enforce the RCRA hazardous waste program within the
state. Following authorization, state regulations operate in lieu of the
federal regulations in that state (with some limits). In order to receive
authorization, a state's statute(s) and regulations must be equivalent to
federal authorities, consistent with the federal program, and at least as
stringent as the federal program. The state program must address
requirements for permitting, compliance evaluation, enforcement, public
participation, and sharing of information. As part of the consistency
requirement, state programs may not restrict the free movement of
hazardous waste across state borders to or from treatment, storage, or
disposal facilities (TSDFs) permitted to operate under RCRA or any
approved state program. Although many of the state programs closely
parallel the federal program, some states do adopt requirements more
stringent or broader in scope for generators, transporters, or other
facilities handling hazardous waste.
While authorized states have primary enforcement responsibility under
state law, EPA retains enforcement authority under RCRA 3007, 3008,
3013, and 7003. When EPA does enforce in authorized states (called
"overfiling"), it enforces the authorized state programs where appropriate.
2.2 STATE AUTHORIZATION APPLICATIONS
Any state that seeks authorization for its hazardous waste program must
submit an application to EPA for review and approval. Items required to
be included in a state program application are:
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
4 - RCRA State Programs
	Governor's or state director's letter
	State statutes and regulations
	Program description
	State attorney general's statement
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
RCRA State Programs - 5
	Memorandum of agreement between state and Regional
Administrator (RA)
	Provisions for public involvement for initial program authorization.
GOVERNOR'S LETTER
States must submit a letter from the governor of the state requesting
program approval (271.5(a)(1)). The governor's letter transmits the
state's application and is the formal request for program approval. The
letter should contain a reference to the federal statute, a reference to the
application, a request for approval of the state program, and the governor's
signature.
STATE STATUTES AND REGULATIONS
After developing a state hazardous waste program, the state must submit a
copy of its statutes and regulations that are designed to act in place of the
federal RCRA regulations. Sometimes the state regulations incorporate
some or all of the federal requirements by reference. A document is often
included with the application highlighting where federal requirements are
incorporated in the state code (271.5(a)(5)).
PROGRAM DESCRIPTION
Any state that seeks approval to administer its own RCRA program must
submit a description of the proposed program (271.5(a)(2)). Pursuant to
271.6, the program description must include:
	Scope, structure, coverage, and processes of the state program
	Description of the organization or state agency that will manage the
program
	Estimate of the cost of administering the program, as well as sources
and amounts of funding available
	Description of the applicable state procedures, including permitting
procedures and any state administrative or judicial review
procedures
	Copies of the permit form(s), application form(s), and reporting
form(s) to be used by the state
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
6 - RCRA State Programs
	Description of the state's compliance tracking and enforcement
program
	Description of the state's manifest tracking system
  Estimate of the size of the regulated community in the state (i.e.,
number of generators, transporters, and TSDFs)
	Estimate of the annual quantities of hazardous waste generated,
transported, stored, treated, or disposed of within the state, if
available.
ATTORNEY GENERAL'S STATEMENT
This is a statement signed by the state attorney general certifying that the
state has the legal authority to implement and enforce the regulations
submitted in the application and that the submitted regulations are
adequate to meet authorization standards (271.7).
MEMORANDUM OF AGREEMENT
A memorandum of agreement (MOA) serves as a kind of contract between
the state and the RA. This agreement identifies each party's roles and
responsibilities and how the state and Region plan to measure
achievements. According to 271.8, the MOA must contain provisions for:
	Cooperative activities in areas for which the state is not authorized
(e.g., joint permitting)
	Transitional activities (e.g., transfer of permit or delisting
applications)
	Enforcement and oversight authorities that EPA retains after
authorization (e.g., routine and emergency inspections by EPA)
	Administrative procedures (e.g., transfer of program information
between EPA and the state)
	Any state commitments to carry out administrative procedures or
variances and waivers to ensure state's adherence to authorization
standards.
PUBLIC INVOLVEMENT
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
RCRA State Programs - 7
An initial authorization application must address how public participation
in the state program approval process will be announced. Prior to
submitting the application to EPA, a state seeking program approval must
give public notice across the state by publication in major newspapers and
other means. The notice must allow for a 30-day public comment period,
as well as a public hearing if comments are extensive. Documentation of
public involvement includes copies of comments submitted by the public
and transcripts, recordings, or summaries of any public hearings held by
the state on program approval. The state must also address the comments
received from the public in the application (271.5(a)(6)). This component
is not required for subsequent program revision applications.
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
8 - RCRA State Programs
2.3 EPA APPROVAL PROCESS
In order for states to gain approval to implement all or part of the RCRA
program, they must first apply to EPA for initial approval. As the federal
regulations are modified, authorized states must submit subsequent
applications in order to continue to implement the newest aspects of the
RCRA program. The following describes the steps states must take to
achieve initial and subsequent approvals.
INITIAL PROGRAM APPROVAL
EPA will review the application and must be satisfied that the program is
consistent with and at least as stringent as the federal program before
approval. After receipt of the state program application, the EPA
Administrator has 90 days to make a tentative determination in the
Federal Register (then there is an additional 30-day comment period).
Ninety days after the comment period, the Administrator must make a
final determination and publish a notice in the Federal Register and major
newspapers within the state. The notice must include the reasons for
making any determination and responses to comments (271.20). Figure 1
outlines the approval process.
SUBSEQUENT PROGRAM REVISIONS
States with final authorization must modify their programs to incorporate
federal program changes by certain deadlines (see Section 2.5 of this
module). The state will submit documentation similar to the six types of
documents used in the initial authorization applications discussed above.
The actual documentation needed will vary, depending on the scope of the
state modifications and previously submitted application materials. All
revision applications must include a certification from the attorney general
and a copy of the state's pertinent legal authorities. EPA generally uses a
streamlined process for issuing an immediate final rule for subsequent
revision approvals. This means that authorization is automatically
effective in 60 days unless adverse comment is received within 30 days
(271.21).
The information in this document is not by any means a complete representation of F.PA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
RCRA State Programs - 9
Figure 1
INITIAL PROGRAM APPLICATIONS
STATE PROGRAM APPROVAL
PROCESS
State issues public notice of intent to seek approval
(271.20(a))
30-day comment period (271.20(a)(4))
i
Sufficient public interest
I
YES
NO
State submits proposed program to EPA for
approval (271.20(c))
I
Within 90 days the Administrator gives
notice of tentative determination in the
Federal Register (271.20(d))
Public hearing 30 days after
notice (271.20(a)(6))
Substantial modification to
program (271.20(b))
YES
Further opportunity for comment
Sufficient public interest
(271.20(d)(1))?
YES
NO
May not require public hearing
Public hearing no earlier than 30 days
after tentative determination
(271.20(d)(1))
30-day comment period (271.20(d)(2))
Within 90 days the Administrator makes
a final determination (271.20(e))
The Administrator publishes notices
in the Federal Register and newspapers
addressing reasons for determination
and responding to comments
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
I
10 - RCRA State Programs	 	
f
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
	RCRA State Programs - 11
2.4 THE CLUSTER RULE
For purposes of authorization, EPA segmented the elements of the federal
program into individual rules which are grouped into annual or multi-year
groups called clusters. States then receive authorization piecemeal, by
cluster or individual rule.
State authorization can be divided into two major groupings: the "base
program" and "revisions." To understand these terms, it must be
understood that states become authorized to implement the federal
program set out in the regulations at Parts 260 through 270. The
regulations actually consist of hundreds of rulemakings promulgated since
May 19, 1980. The "base program" is usually defined as all RCRA
regulations promulgated on or before January 26, 1983. This group of
rulemakings establishes the "base" program for which a state may gain
authorization.
EPA has, of course, promulgated regulations since January 26, 1983. States
wishing to retain RCRA authorization must keep their program current by
making "revisions" within specific time limits (Figure 2  The Cluster
System). To facilitate the application submission and review process, rules
issued after January 26, 1983, were grouped into "clusters" based on the
window of time in which they were promulgated. Each cluster has a name
as well as due dates by which authorized states must submit applications
to revise their program to include that group of rules (271.21(e)). See
Appendix G of the State Authorization Manual for a complete list of all
clusters.
Normally, a state's environmental agency only has to amend its state
regulations. In Figure 2, notice the double asterisk following "State
Revision Application Deadline." When only regulatory amendments are
necessary, states are given one year from the closing date of the cluster in
which the rule was placed to apply for revisions. Sometimes, however, the
implementing agency lacks the statutory authority from the state
legislature to write certain regulations. If a state statutory change is
required before regulations can be issued, a second year is allowed
(271.21(e)(2)(v.
The purpose of the cluster system is to facilitate the revision process for a
state to maintain a current program and its authorization. A state is not
required to request authorization for an entire cluster. EPA allows states
to request authorization for parts of a cluster, provided the state
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
12 - RCRA State Programs
eventually adopts all of the required provisions.
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
RCRA State Programs - 13
Figure 2
THE CLUSTER SYSTEM

Cluster
Number*
Cluster
Period
State
Modification
Deadline**
State Revision
Application
Deadline
Program
Areas
Affected
Non-
HSWA
Clusters
I
July 1, 1984, to
June 30, 1985
July 1, 1986
September 1, 1986
Non-HSWA Rules
HSWA 3006(f)
II
July 1, 1985, to
June 30, 1986
July 1, 1987
September 1, 1987
Non-HSWA Rules
III . , . VI
July 1, 1986, to
June 30, 1987,
etc.
July 1, 1988,
etc.
September 1, 1988
Non-HSWA Rules
HSWA
Clusters
I
November 8,
1984, to
June 30, 1987
July 1, 1989
September 1, 1989
HSWA Provisions
II
July 1, 1987, to
June 30, 1990
July 1, 1991
September 1, 1991
HSWA Provisions
RCRA
Clusters
I
July 1, 1990, to
June 30, 1991
July 1, 1992
September 1, 1992
All HSWA and
Non-HSWA
Provisions
II
July 1, 1991, to
June 30, 1992
July 1, 1993
September 1, 1993
All HSWA and
Non-HSWA
Provisions
III
July I, 1992, to
June 30, 1993
July 1, 1994
September 1, 1994
All HSWA and
Non-HSWA
Provisions
IV
July 1, 1993, to
June 30, 1994
July 1, 1995
September 1, 1995
All HSWA and
Non-HSWA
Provisions
V
July 1, 1994, to
June 30, 1995
July 1, 1995
September 1, 1996
All HSWA and
Non-HSWA
Provisions
VI
July 1, 1995, to
June 30, 1996
July 1, 1996
September 1, 1997
All HSWA and
Non-HSWA
Provisions
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
c
14 - RCRA State Programs	 	
* Checklists 1-8 were issued prior to establishment of the cluster system. State
modification deadlines for these rules are 1 year from the promulgation date of
each rale, or 2 years if a statutory change is required.
** One additional year provided if statutory change is needed. Can be extended by up
to 18 months (see 271.21(e) and (g)).
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
RCRA State Programs - 15
2.5 EFFECT OF RCRA/HSWA AUTHORITY
Prior to the enactment of HSWA, a state with final authorization
administered its hazardous waste program entirely in lieu of the federal
program. This meant the federal requirements no longer applied in an
"authorized" state. When a new, more stringent, federal requirement was
enacted, the state was obligated to enact equivalent authorities within
specified time frames, but the new federal requirements were not
effective in the authorized state until the state adopted the new
requirements as state law and received authorization for them. Some
federal rules are still issued based on the original pre-HSWA authority and
become effective in authorized states only when the state adopts the
provisions as state law. These rules are known as "non-HSWA"
rulemakings.
In contrast, HSWA amended RCRA by adding 3006(g). Under this section,
new requirements and prohibitions imposed by HSWA take effect in
authorized states at the same time that they take effect in unauthorized
states. These regulations are known as "HSWA" provisions. EPA was
directed to implement those requirements in authorized states until the
state is granted authorization to implement the new regulation(s). While
states must still adopt HSWA provisions as state law to maintain
authorization, HSWA requirements are implemented by EPA in authorized
states until they do so.
The underlying statutory authority is explained with each new rule in the
Federal Register on the first page under "Summary" and at the end of the
preamble in a special section titled "Applicability of Rules in Authorized
States." Until authorized states obtain approval for HSWA-based
requirements, there will be joint state/EPA permitting of facilities in the
authorized state. The MOA must discuss joint permitting responsibilities
and procedures.
One example of the applicability of HSWA provisions and non-HSWA
provisions in authorized and nonauthorized states is illustrated by the
rulemaking that promulgated the wood preserving listings (F032, F034,
and F035). These wood preserving wastes were promulgated pursuant to
both HSWA and non-HSWA authorities. The F032 listing is a HSWA
provision, and is applicable in all states, both authorized and
nonauthorized. The F034 and F035 listings are non-HSWA provisions. The
F034 and F035 listings are effective only in states that are not authorized
for the RCRA program and in states that have incorporated the listings into
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
16 - RCRA State Programs
their state programs and have received EPA approval for their revised
state programs. The F034 and F035 listings are not applicable in
authorized states that have not yet modified their state programs to
include the listings.
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
RCRA State Programs - 17
2.6 COMPLIANCE SCHEDULES AND WITHDRAWALS
Neither RCRA nor HSWA requires that states apply for initial authorization.
Once a state has been granted authorization, however, it must regularly
modify its program to incorporate new federal requirements in order to
maintain full authorization (271.21(e)(1)), An authorized state must
modify its program and submit authorization applications according to the
schedule in the cluster rale, described above. If a state falls behind the
schedule set out by the cluster rule, the Region may grant the state an
extension or put it on a compliance schedule (271.21(g)). The exception
to this requirement is for changes in the federal program that are deemed
less stringent than previous requirements. These less stringent
requirements arte: viewed as optional for states to add to their authorized
programs.
The Administrator may withdraw program approval of any authorized
state when the state no longer complies with the requirements of Part 271.
Withdrawal of program approval may occur for the following reasons: the
state's legal authority no longer meets the requirements of Part 271, the
operation of the state program does not comply with the Part 271
requirements, the state's enforcement program fails to comply with Part
271, or the state program fails to comply with the terms of the MOA
(271.22). The program withdrawal authority is discretionary, however,
and EPA encourages Regions to approve states' authorization applications,
even when there are elements of a "cluster" that are incomplete or
overdue.
If an authorized state determines that it can no longer comply with the
requirements of Part 271, the state may voluntarily transfer program
responsibilities to EPA. In doing so, the state must give the Administrator
180 days notice of the proposed transfer of all relevant program
information. At least 30 days before the approved transfer occurs, the
Administrator must publish notices of the transfer in the Federal Register
and major newspapers within the state.
A transfer of program responsibilities may also occur after the
Administrator orders withdrawal proceedings to begin. Commencement of
the proceedings may be under the Administrator's own initiative or in
response to a petition from an interested person alleging failure of the
state to comply with the requirements of Part 271. A more detailed
description of the procedures for withdrawing approval of a state program
is codified in 271.23.
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
I
18 - RCRA State Programs
t
2.7 INTERIM AUTHORIZATION
To provide for smoother transitions from federal to state implementation,
Congress allowed interim authorization under both RCRA (3006(c)) and
HSWA (3006(g)) statutory provisions (271.24(a)). Interim authorization
was established to allow states to continue operating their own hazardous
waste programs while striving to achieve the requirements for final
authorization. Interim authorization provides states with a transition
period to adopt all the changes necessary to implement programs
equivalent to the federal requirements. A state with interim authorization
can temporarily implement the state hazardous waste program in lieu of
the federal program. A state does not have to obtain interim authorization
prior to receiving final authorization. Although RCRA program interim
authorization expired on January 31, 1986, interim authorization still
exists for HSWA provisions. Interim authorization for the HSWA
provisions expires January 1, 2003 (271.24(c)). Any state with HSWA
interim authorization must obtain final authorization by this date or the
HSWA program will revert to EPA.
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
		 _ _	RCRA State Programs - 19
3. SPECIAL ISSUES
In order to maintain the authority to administer the federal hazardous
waste program, authorized states are generally required to revise their
state hazardous waste programs as new federal regulations are
promulgated. Sometimes, however, federal rulemakings are less stringent
than the existing federal standards, in which ease authorized states are not
required to incorporate the less stringent standards into their state
hazardous waste programs and will still remain authorized for the RCRA
program. For example, if EPA were to promulgate an exemption for some
forms of a currently listed hazardous waste, authorized states would be
under no obligation to adopt the less-stringent rule. The rule would be
effective in the authorized state only if adopted by the state.
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
20 - RCRA State Programs
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------
			RCRA State Programs - 21
4. REGULATORY DEVELOPMENTS
4.1 STREAMLINED REVISION PROCESS
Under the current authorization scheme, all revisions to authorized state
hazardous waste programs, even minor changes, are reviewed under the
same procedures. The standard process may result in unnecessary costs
and delays in authorizing states for revisions to the federal hazardous
waste program. EPA addressed the authorization procedures in the
proposed LDR Phase IV Rule (60 FR 43654;
August 22, 1995) and in the proposed Hazardous Waste Identification Rule
for contaminated media (HWIR-media) (61 FR 18780; April 29, 1996). The
proposed streamlined procedures created a two-tiered approach that
placed new federal rulemakings into two categories, with different
authorization procedures for each. EPA has received negative comment on
the proposed procedures, and is developing a non-regulatory streamlining
strategy.
4.2 AUTHORIZATION FOR INDIAN TRIBES
EPA also proposed regulations that would allow Indian tribes the
opportunity to apply for and receive hazardous waste program
authorization similar to that currently available to states. Under the
proposed regulations, Indian tribes would have been authorized to operate
partial hazardous waste programs. For example, a tribe would have been
able to obtain authorization to run a program that regulates only
hazardous waste generators and transporters, while EPA retained
responsibility for regulating and enforcing hazardous waste treatment,
storage, and disposal facilities. The proposed rule established criteria
under Part 271 for a tribe to meet in order to obtain authorization. This
rulemaking, proposed in the June 14, 1996, Federal Register (61 FR
30472), was withdrawn in March 1997 following the decision in BAD v.
Campo Band of Mission Indians and will not be finalized or reproposed (see
Semi-Annual Regulatory Agenda entry 3206 (62 FR 22295; April 15,
1997)).
The information in this document is not by any means a complete representation of EPA's
regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

-------