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Document Record Detail



Full Document:
Title:EPA ENFORCEMENT OF RCRA-AUTHORIZED STATE HAZARDOUS WASTE LAWS AND REGULATIONS
RCRA Online Number:12046
Date:05/17/1982
To:Program Implementation Guidance Sytem (PIGS) Addressees
From:Skinner
Organization of Recipient:EPA
Description: EPA may overfile in authorized states, but must notify the state. Federally enforceable requirements include those state regulations that are more stringent (have counterpart in federal program) but not those that are broader in scope (have no counterpart) than the federal program (discusses each). In an authorized state, only state laws are in effect, and only state laws may be enforced by EPA (7003, 3013 excepted). EPA cannot enforce new federal regulations in authorized states until the state adopts them. Discusses procedures to be followed when overfiling. EPA is not bound by state law when taking action under 7003 or 3013 in authorized states.
(NOTE: Under review in light of the determination made at 61 Fed.Reg. 34252, 34264 (July 1, 1996) that additional State requirements regarding CESQGs are "more stringent" and within the scope of the federal RCRA program)
Regulatory Citation(s) : 271.1(i), 271.3(b)(2) EXIT disclaimer
Statutory Citation(s):3009 Read US Code 42, Chapter 82 EXIT disclaimer
Topic(s):Cleanup (RCRA); Compliance; Corrective Action (RCRA); Enforcement (RCRA); Hazardous Waste; State Programs (RCRA)
Approximate Number of Hardcopy Pages:20
EPA Publication Number:NA
RPPC Number (if applicable): 9541.1982(01)
Official OSW Policy:No

 

 
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