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. ------- |