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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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04/11/2014REGULATORY STATUS OF SHIPMENT OF DENTAL X-RAY MATERIALS FROM MEXICO TO CANADAMemo
 Description: Federal RCRA hazardous waste regulations, per 40 CFR 261.2(c)(3) and Table 1 of 261.2, do not regulate the reclamation of off-spec commercial chemical products and characteristic byproducts provided these materials are reclaimed legitimately. Therefore, EPA’s hazardous waste import/export requirements would not apply to a shipment of intact unused off-spec dental x-ray packs and trimmings from unused dental x-ray packs generated in Mexico, with transit across the United States, destined for reclamation in Canada. A RCRA authorized state may regulate these materials more stringently than the federal program, although EPA believes the state’s requirements would not likely apply to transit only activities. However, should a transporter stop at a facility to consolidate a shipment in a state with more stringent requirements, the state may view such materials as a shipment of recyclable hazardous materials destined for precious metal recovery. In this case, the state may require that the consolidating facility comply with the state’s regulations equivalent to Part 266, Subpart F for precious metal recovery and Part 262, Subparts E and F for exports and imports of hazardous waste.
 
10/24/2009CONCERN ABOUT HAZARDOUS WASTE IN THE SAN JACINTO RIVERMemo
 Description: Texas state hazardous waste program is authorized to operate in lieu of the Federal hazardous waste program. Therefore, questions regarding waste in the San Jacinto River should be referred to the TCEQ Office of Water.
 
10/25/2007FINANCIAL ASSURANCE PROGRAMMATIC OVERSIGHTMemo
 Description: Regions should be sure to include financial assurance in their oversight program elements: development of agreements with states setting out annual targets, annual summaries of state accomplishments, annual meetings between the regions and states, mid-year meetings or calls, State Directors meetings, regular staff or management level conference calls, file or permit reviews, and training. The key focus should be on areas where EPA can provide assistance, either at the regional or headquarters level, to ensure states and regions have appropriate expertise and tools available.
 
10/16/2007FILE MANAGEMENT FOR RCRA FINANCIAL ASSURANCEMemo
 Description: Organized facility financial information helps ensure that regulators have the ability to quickly access financial assurance, determine whether a facility is in compliance with financial assurance regulations, and assists regulators to quickly take appropriate action in the event of developments such as notice of policy cancellation or facility bankruptcy. Components of a well organized financial assurance file management system include: Financial Assurance Checklist, Closure/Post-Closure Plans, Cost Estimate Updates, and Financial Assurance Instrument.
 
02/21/2006STATE AUTHORIZATION AND GRANT OF VARIANCES Memo
 Description: The granting of a variance for partially reclaimed materials is determined on a case-by-case basis. States are authorized to implement this variance.
 
09/07/2005DETERMINING EQUIVALENCY OF STATE RCRA HAZARDOUS WASTE PROGRAMSMemo
 Description: Memorandum discusses state equivalency. Whether particular state regulations are equivalent to the federal regulations will of course continue to be determined by each EPA Regional Office on a case-by-case basis. These determinations will continue to be made through notice-and-comment or direct-final rulemaking. Only the conclusion of such a rulemaking would constitute final agency action.
 
09/01/2004RECOGNITION OF A STATE VARIANCE FROM THE DEFINITION OF SOLID WASTE BY ANOTHER STATEMemo
 Description: A material granted a solid waste variance by one authorized state may be subject to RCRA as a solid and hazardous waste if shipped to another authorized state that does not recognize the variance. A state is not required to recognize a variance granted by another state. (SEE ALSO: Memo, Shapiro to Nosenchuck; 6/19/96)
 
04/01/2004INTERSTATE SHIPMENTS OF WASTE LISTED SOLELY FOR IGNITABILITY, CORROSIVITY, OR REACTIVITYMemo
 Description: A transporter must have an EPA ID number, a manfiest, and comply with Part 263 if traveling through any state that recognizes the waste as hazardous. A TSDF is subject to the standards of the state where it is located.
 
03/31/2003REGULATORY STATUS OF RECYCLING CERTAIN ALLOY SOLDER PASTE RESIDUAL MATERIALSMemo
 Description: EPA has not published an interpretation regarding the regulatory status of recycling certain lead/tin/silver alloy solder paste residual materials (e.g., empty containers, debris, wipes). Refer to the authorized state for a site-specific interpretation.
 
08/01/2002SOIL TREATMENT STANDARDS AND CONSTITUENTS SUBJECT TO TREATMENTQuestion & Answer
 Description: "Constituents subject to treatment" are constituents listed in 268.48 that are reasonably expected to be present in contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, in concentrations greater than 10 times the universal treatment standard (UTS). Generators can apply their knowledge instead of monitoring for the entire list of underlying hazardous constituents (UHCs) to determine the constituents subject to treatment (SEE ALSO: 63 FR 28556, 28609; 5/26/98). The treatment standards in 268.40 for listed waste do not require identification or treatment of UHCs. The alternative soil treatment standards in 268.49 require identification and treatment of all UHCs that are reasonably expected to be present in both characteristic and listed soil. The alternative soil treatment standards are not automatically available in all states. If a state adopts the alternative soil treatment standards, then facilities can use either the 268.40 or 268.49 land disposal restrictions (LDR) treatment standards.
 
04/01/200225 Years of RCRA: Building on Our Past to Protect Our FuturePublication
 Description: This report commemorates RCRA's anniversary and highlights the successes of RCRA's protective framework. It acknowledges the vital role that states, tribes, industry and communities have played in that success
 
01/01/2002F003 WASTES GENERATED PRIOR TO HWIR WASTE RULEQuestion & Answer
 Description: The new HWIR-Waste Rule is less stringent than the prior regulation, so states are not required to amend their authorized programs. In states authorized for the new exlcusion, wastes listed solely for exhibiting the characteristic of ignitability, corrosivity, or reactivity are no longer hazardous when they do not exhibit a characteristic. A mixture of a non-characteristic F003 waste generated after the effective date and a non-characteristic F003 waste generated before the effective date, will not carry the F003 waste code if resultant mixture is non-characteristic. If states are not authorized for 261.3(g), then the mixture would continue to carry the F003 code. (SEE ALSO: 66 FR 27266; 5/16/01)
 
10/03/2001GTX COMBUSTION FACILITYMemo
 Description: Under RCRA, facilities must obtain a permit prior to operating a hazardous waste combustion facility. States authorized to implement the federal RCRA permit program have the primary responsibility to ensure that each permit is protective and meets all necessary requirements. The permit issued to the GTX facility by the Louisiana Department of Environmental Quality (LDEQ) was rescinded and later overturned in Louisiana Courts. EPA, LDEQ and GTX have taken measures to add to the protectiveness of the facility’s permit, including upgrading existing combustion equipment, pre-trial and post-trial burn risk assessments, and hazardous waste burning limitations.
 
06/01/2001The National Biennial RCRA Hazardous Waste Report (Based on 1999 Data) - State Detail AnalysisPublication
 Description: The State Detail Analysis data is a detailed look at each State's waste handling practices, including overall totals for generation, management, and shipments and receipts, as well as totals for the largest fifty facilities.
 
06/01/2001The National Biennial RCRA Hazardous Waste Report (Based on 1999 Data) - State Summary AnalysisPublication
 Description: The State Summary Analysis provides a two-page overview of the generation and management practices of individual States.
 
11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo
 Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition. MGP wastes unlikely to exhibit other characteristics. MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01).
 
10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo
 Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely. MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01).
 
07/26/2000ISSUES RELATED TO PERMITTING OF WTI FACILITY IN OHIOMemo
 Description: EPA will give full consideration to Ombudsman’s investigation and recommendations on permit renewal of incinerator in Ohio. EPA brochure “Sensitive Environments and the Siting of Hazardous Waste Management Facilities” provides guidance that is not legally binding (SEE ALSO: EPA530-K-97-003). WTI’s expired permit continues in force until issuance or denial of state-issued RCRA permit. EPA has authority to terminate state-issued permit under certain conditions.
 
07/05/2000STATE AUTHORIZATION FOR RULEMAKING PETITIONSMemo
 Description: A facility petition to take advantage of trivalent chrome exclusion is referred to authorized state. States authorized by EPA to implement toxicity characteristic (TC) regulations are also authorized to implement exclusions to TC regulations.
 
02/24/2000INFORMATION COLLECTION ON RCRA CORRECTIVE ACTIONMemo
 Description: EPA hopes to complete by August 2000 the compilation of data from questionnaire sent to states on progress at high priority RCRA corrective action facilities. Questions concerning authorized state funding levels and personnel resource levels will be included in survey sent to authorized states (also sent to Towns).
 
12/01/1999JOINT STATE AND FEDERAL PERMITS UNDER RCRAQuestion & Answer
 Description: EPA and state coordinate activities for joint HSWA and non-HSWA permit (RCRA 3006(c)(4)). EPA regional office and state may combine their parts of permit and issue TSDF a single document, or permit may be issued as two separate documents.
 
07/14/1999BENEFICIAL UTILIZATION OF COAL ASHMemo
 Description: EPA’s tentative position that coal combustion wastes may not warrant hazardous waste regulation. EPA encourages the beneficial use of coal combustion materials under the procurement program. EPA is considering state oversight of agricultural applications and mine placement of coal ash as a possible alternative to federal oversight (SEE ALSO: 64 FR 22820; 4/28/99). Discusses possible extension of the six-month schedule for completion of the regulatory determination.
 
05/20/1999CLASSIFICATION AND DISPOSAL OF UNUSED FLAMELESS RATION HEATERSMemo
 Description: Unused Flameless Ration Heaters (FRH) for the Army’s Meals Ready to Eat (MRE) may be a reactive (D003) hazardous waste when disposed. The Department of the Army (DOA) has developed several management options for FRHs including reuse, incineration, and/or treatment and disposal. Products that have not been used, and which are to be used for their original purpose, are generally not wastes under RCRA. Unused commercial chemical products (CCPs) being reclaimed are not regulated as wastes. FRHs may be reacted with water and then disposed of as ordinary wastes if treatment is conducted in accordance with applicable requirements and if land disposal restrictions (LDR) requirements are met before land disposal. Some states may have more stringent requirements. The disposal of spent FRH materials, following normal use to heat a MRE, is not disposal of a hazardous waste.
 
05/01/1999SUBPART CC AND MISCELLANEOUS UNIT PERMITTINGQuestion & Answer
 Description: The EPA Region is responsible for writing the Subpart CC requirements into the miscellaneous unit’s permit in states authorized to implement Subpart X but not Subpart CC. Until the state receives authorization for provisions promulgated pursuant to HSWA, the EPA Region would write the provisions into the unit’s permit and would be responsible for the implementation of the HSWA provisions.
 
04/28/1999GUIDANCE FOR USING THE NEW STREAMLINED AUTHORIZATION PROCEDURES FOR THE APPROVAL OF PREVIOUSLY PROMULGATED RULEMAKINGSMemo
 Description: EPA provided a list of previously promulgated rulemakings that it considers routine or minor in nature and thus eligible for streamlined authorization procedures.
 
04/28/1999POST-CLOSURE RULE OPTIONS FOR ADDRESSING GROUNDWATER MONITORING FOR REGULATED UNITSMemo
 Description: EPA increased regulatory flexibility in addressing closure and groundwater monitoring for regulated units in Post-Closure rule (63 FR 56710; 10/22/98). Provisions provide regulators discretion to set out site-specific requirements in permit or other enforceable document.
 
04/06/1999IMPLEMENTATION OF THE HAZARDOUS WASTE COMBUSTION MACT RULEMemo
 Description: Maximum achievable control technology (MACT) fast track rule included streamlined RCRA permit modification procedures for changes necessary to comply with MACT. EPA encourages states to adopt streamlined modification procedures. States that have adopted streamlined modification procedures may implement them without final authorization from EPA beforehand. EPA policy is to not release rulemakings prior to being published in the Federal Register; EPA accepts involvement of stakeholders in developing implementation guidance.
 
10/19/1998PHASE IV LAND DISPOSAL RESTRICTIONS RULE -- CLARIFICATION OF EFFECTIVE DATESMemo
 Description: EPA clarifies the effective dates for major provisions of the land disposal restrictions (LDR) Phase IV rule (63 FR 28556; 5/26/98). The rule presents an unusually complex set of effective date considerations since portions of the rule are promulgated under HSWA and others are not, and some provisions are more stringent than current federal regulations and others are not. There is a general discussion of the issues surrounding the determination of the effective dates.
 
10/16/1998FEDERAL AND STATE ROLES IN CARRYING OUT RCRAMemo
 Description: OSW met with state representatives and agreed to develop a process for integrating states more effectively into major rulemakings and similar projects. OSW agreed to hold regularly scheduled meetings with state leaders every six months.
 
08/18/1998ADDITION OF MERCURY-CONTAINING EQUIPMENT TO UNIVERSAL WASTE PROGRAMMemo
 Description: EPA has no plans to address petitions to add mercury-containing equipment to universal waste rule (SUPERCEDED: 70 FR 45508; 8/5/05). Universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program.
 
07/20/1998UNIVERSAL WASTE RULE - ENFORCEMENT ISSUES AND ADDITION OF STATE-ONLY UNIVERSAL WASTESMemo
 Description: EPA regions should take enforcement actions against universal waste handlers in states that are implementing the universal waste program but have not yet been authorized for those regulations only where handlers are not in full compliance with Part 273 standards. Where a state has added new wastes to its universal waste program before authorization, the EPA regions should extend this policy if it is determined that the additional wastes meet the criteria of 273.81.
 
07/01/1998FEDERAL FACILITIES AND STATE REGULATIONSQuestion & Answer
 Description: Federal facilities are subject to federal, state, and local requirements, including those that are broader in scope or more stringent than federal provisions. The Federal Facility Compliance Act (FFCA) waived sovereign immunity for federal facilities and amended RCRA 6001 to clarify that federal facilities are subject to civil and the administrative penalties associated with these requirements.
 
12/01/1997STATE AUTHORIZATION AND THE REGULATION OF MIXED WASTEQuestion & Answer
 Description: The hazardous waste component of mixed waste is not regulated under federal RCRA program in base authorized states that have not been authorized to regulate mixed waste. The hazardous waste component may be regulated under state law.
 
10/31/1997IMPLEMENTATION OF THE MERCURY CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACTMemo
 Description: Section 104(a) of the Mercury Containing and Rechargeable Battery Management Act implements the federal Universal Waste (UW) rule as the management standard for batteries, regardless of state laws. Section 104(b) of the Act requires states wishing to regulate batteries to adopt provisions identical to those of the UW rule. Electrolyte removal is an activity specifically allowed of UW handlers, therefore regulation of electrolyte removal by any state is preempted by the Act.
 
05/29/1997PETITION TO ADD WASTES TO THE UNIVERSAL WASTE PROGRAMMemo
 Description: EPA has no plans to address Utility Solid Waste Activities Group’s (USWAG) petitions to add mercury-containing equipment, paint, and paint-related wastes to the universal waste (UW) rule in 1997. The universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program. EPA established the workgroup to reduce the burden of the current manifest system. The workgroup’s proposal to allow generators to consolidate waste at central locations would cover utility access residuals.
 
05/19/1997RULES FOR DISPOSAL OF DISCARDED CONCRETEMemo
 Description: Concrete has not been identified by EPA as listed hazardous waste. Common concrete is not likely to exhibit any of the characteristics of hazardous waste. Authorized states can establish more stringent requirements and may have their own rules regarding nonhazardous waste or debris.
 
04/10/1996UNIVERSAL WASTE RULE - IMPLEMENTATIONMemo
 Description: EPA encourages the timely development of universal waste (UW) collection systems, and encourages states to quickly adopt the UW rule. UW rule authorization is a high priority. If a state adopts the UW rule, but is not authorized, the Region should enforce only if there is non-compliance with Part 273 standards. EPA may choose to use 7003 authority for UW management that causes imminent and substantial endangerment (SEE ALSO: 64 FR 36466; 7/6/99).
 
04/01/1996FREQUENTLY ASKED QUESTIONS ON HAZARDOUS WASTE GENERATOR REQUIREMENTSQuestion & Answer
 Description: Large quantity generators (LQGs) and small quantity generators (SQGs) may treat without a permit or interim status under Section 262.34. SQGs are not subject to Biennial Report requirements. Conditionally exempt small quantity generators (CESQG) regulations are found in Section 261.5. EPA does not require waste codes on the manifest but DOT regulations may. States may require waste codes to be listed on the manifest.
 
01/01/1996Environmental Fact Sheet: Proposed Procedures and Criteria for Determining Adequacy of State/Tribal Municipal Solid Waste Landfill Permitting ProgramsPublication
 Description: This fact sheet discusses the requirements for public involvement during the permit application process. It also describes the advantage of flexibility that a state or tribe will obtain with approval of their permitting program.
 
01/01/1996Environmental Fact Sheet: State/Tribal Implementation Rule (STIR)Publication
 Description: This fact sheet provides a summary of the January 26, 1996 (61 FR 2583) proposed State/Tribal Implementation Rule and discusses the different regulatory options for Tribes, ranging from complete EPA control to a self-regulated program. It describes the approval criteria for Tribal MSWLF permitting programs and outlines EPA's evaluation process. The fact sheet also lists the components necessary for a complete program application.
 
12/08/1995DELEGATION OF REGULATORY PRIMACY TO STATES UNDER RCRAMemo
 Description: EPA has authorized Wyoming for its base RCRA program. Iowa is the only state to have returned its RCRA program to EPA.
 
06/23/1995REGULATORY DETERMINATION BY INDIANA FOR COPPER SALT PRODUCTIONMemo
 Description: A liquid ion exchange technology used to remove metal contaminants from wastewater before discharge can be an exempt recycling process when used to recover metals from the wastewater. An explanation of the ion exchange wastewater treatment technology is provided. RCRA 3009 prohibits state governments or other political subdivisions from imposing regulations less stringent than the federal RCRA rules on the same matter.
 
12/19/1994UNIVERSAL TREATMENT STANDARDS AUTHORIZATION IMPLICATIONSMemo
 Description: Changes to the land disposal restrictions (LDR) standards due to the new universal treatment standards (UTS) are not immediately effective in states authorized for LDR. The standards for newly listed wastes are immediately effective in all states.
 
11/23/1994APPLICABILITY OF RCRA REGULATIONS REGARDING LARGE QUANTITY GENERATORS, TO THE VETERANS AFFAIRS MEDICAL CENTERMemo
 Description: A generator who generates less than 100 kg of hazardous waste and more than 1000 kg of state regulated medical waste would not lose conditionally exempt small quantity generator (CESQG) status under federal law. State regulations may be broader in scope and facilities must comply (SEE ALSO: 60 FR 33912; 6/29/95).
 
10/06/1994CLARIFICATION OF CERTAIN ASPECTS OF 40 CFR 268 DEBRIS REGULATIONSMemo
 Description: Discusses the definition of debris. For mixtures of debris and non-debris material, EPA has not defined primarily. A mixture is defined as debris if the volume of debris is greater than each of the other components or if the volume is at least 50 percent of the mixture of two components. Deliberate mixing of debris with other waste to meet the definition is impermissible dilution. Discusses land disposal restrictions (LDR) and state authorization.
 
08/17/1994STORAGE OF HAZARDOUS WASTE AT TRANSFER FACILITIES AND THE AUTHORIZATION OF STATES REGULATING THIS STORAGEMemo
 Description: The use of multiple transfer facilities is not prohibited nor is the total number of days spent at all the transfer facilities limited to 10. There is no formal definition of normal course of transportation, it is case-by-case determination. Discusses the DOT Hazardous Materials Transportation Act preemption process versus RCRA state authorization. Different states may have individual interpretations of the transfer facility standards.
 
04/23/1994RESPONSE TO REQUEST FOR OPPORTUNITY TO MARKET WONDERFILLMemo
 Description: EPA does not provide direct financial assistance or grants to start businesses or market products. Trade associations, state programs for recovered material products, and the Small Business Innovation Research (ISBR) program of the SBA may be of assistance.
 
02/03/1994RESPONSE TO REQUEST FOR INFORMATION ON ENFORCEMENT AUTHORITY IN STATESMemo
 Description: Discusses the definition of base authorization. Whether the state or EPA enforces a rule depends on the state’s authorization status and whether the rule is HSWA or non-HSWA. A non-HSWA rule is not effective until a base-authorized state adopts it. HSWA rules are effective immediately in all states. EPA can enforce regulations that are part of an authorized state’s program, but EPA must enforce the state's standards, which may be more stringent than federal standards. Subtitle D permitting and enforcement is left to the states.
 
03/15/1993U.S. ARMY CORPS OF ENGINEERS OR INDEPENDENT REGISTERED, CERTIFIED ENGINEERSMemo
 Description: 264.115 and 265.115 do not require independent, registered, certified engineers certifying closure to be registered in the state where the facility is located. EPA has determined that U.S. Army Corps of Engineers personnel are independent and can certify closure of Army facilities. An authorized state can interpret independent, certified, professional engineer to require an engineer to be registered in the state where the facility being inspected is located (SEE ALSO: RPC# 12/21/92-01).
 
12/21/1992CLARIFICATION OF THE TERM INDEPENDENT, REGISTERED, CERTIFIED ENGINEERMemo
 Description: Authorized State can interpret “independent, certified, professional engineer” to require engineer to be registered in the state where the facility he is inspecting is located. An engineer from the Army Corps of Engineers meets the criteria for independent, qualified, professional engineer for purposes of assessments, installation, and/or testing for other federal facilities (SEE ALSO: RPC# 3/15/93-01).
 
11/06/1992CLARIFICATION OF EPA POLICY ON AUTHORIZING INCOMPLETE OR LATE “CLUSTERS” UNDER 40 C.F.R. 271.21 AND AVAILABILITY OF PUBLIC INFORMATION UNDER RCRA SECTION 3006(P)Memo
 Description: EPA has the authority to approve late or incomplete applications for state authorization. A State’s failure to apply for authorization to implement the 3006(f) public information requirements (FOIA) does not mean that its incomplete application must be denied. The policy regarding states that miss cluster deadlines is discussed.
 
09/24/1991REGULATORY STATUS OF SOLVENT-CONTAMINATED SHOP TOWELS, RAGS AND WIPERSMemo
 Description: Regions currently determine the regulatory status of solvent-contaminated shop towels, rags and wipers. The policy allows determinations to be made on a case-by-case basis that accounts for site-specific circumstances. Authorized states may be broader in scope or more stringent (SEE ALSO: RPC# 2/14/94-01).
 
07/01/1991ENFORCEMENT OF AIR-EMISSIONS STANDARDS ON RCRA-EXEMPT UNITS (DUPLICATED IN AUGUST 1991)Question & Answer
 Description: States may not recognize exclusions promulgated under the federal program and may implement provisions that are considered broader in scope. EPA does not have enforcement authority for provisions in authorized states which are broader in scope.
 
03/11/1991STATE PROGRAM REVISION AUTHORIZATIONS PILOT DELEGATION TO THE REGIONSMemo
 Description: EPA delegated the responsibility for authorized state program revisions to the Regions for two years. Headquarters will still review state’s initial application for final authorization. The Office of General Council (OGC) and the Office of Regional Counsel (ORC) share defensive litigation responsibility.
 
02/12/1991TC APPLICABILITY TO MIXED WASTEMemo
 Description: Discusses the definition of mixed radioactive waste. Mixed waste was first subject to RCRA regulation in 1986. The toxicity characteristic does not apply to mixed waste in states with only RCRA base program authorization until the State revises its program and receives authorization for mixed waste. Discusses the status of mixed waste that fails the TCLP.
 
11/05/1990YAKIMA INDIAN NATION INVOLVEMENT IN RCRA ON TRIBAL AND CEDED LANDSMemo
 Description: Discussion of concerns raised by Yakima Indian Nation (YIN) during the comment period of the Washington State program revision decision. YIN interest in ensuring that the RCRA program does not adversely affect their tribal or ceded lands.
 
09/28/1990LAND DISPOSAL RESTRICTIONS EFFECT ON STORAGE/DISPOSAL OF COMMERCIAL MIXED WASTEMemo
 Description: The hazardous component of mixed waste is regulated under RCRA therefore subject to land disposal restrictions (LDR) treatment standards. Discusses the overview of radioactive mixed waste, the storage prohibition, state authorization, and mixed waste (SEE ALSO: 64 FR 63464; November 19, 1999). Discusses the mixed waste national capacity variances, no-migration petitions, variances from treatment standard, and dilution prohibition.
 
05/23/1990SPLITTING FEDERAL RCRA PERMITS WITH THE STATE AUTHORIZATIONMemo
 Description: Discussion of alternatives for splitting EPA-issued permit (issued before the State received authorization) into a joint EPA-authorized State permit. Adding EPA-administered HSWA conditions to a State-issued permit is not a substantive change and could be Class 1 modification. Establishing an accelerated permit expiration date is a Class I modification.
 
04/09/1990COAL ASH AS A SOLID WASTEMemo
 Description: EPA supports the beneficial use of coal ash (exempt under Section 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes) through Federal procurement guidelines and the use of fly ash as a stabilizing medium in setting land disposal restrictions (LDR) treatment standards. RCRA defines coal ash as a solid waste. States may regulate coal ash more stringently.
 
01/26/1990ENFORCEMENT OF STATE AND EPA ISSUED PERMITSMemo
 Description: A facility with a federal RCRA permit and a state-issued permit is subject to both permits, and both federal and state enforcement until the State gains administrative authority for the RCRA permit.
 
10/06/1989WASTEWATER TREATMENT SLUDGES CONTAINING METHANOLMemo
 Description: Wastewater treatment sludges containing small quantities of methanol are not necessarily listed or characteristic hazardous waste. Even if such waste is not hazardous under federal rules, more stringent or broader-in-scope state regulations can trigger regulation.
 
06/26/1989MIXED WASTE REGULATION - RCRA REQUIREMENTS VS. NRC REQUIREMENTSMemo
 Description: Activities that do not require a permit include: recycling, resource recovery, totally enclosed treatment, and treatment in a generator’s accumulation tank. EPA is not planning to modify storage rules to allow generators to hold radioactive mixed waste on-site for radionuclide decay beyond 90 days without a permit (SEE ALSO: 64 FR 63464; November 12, 1999). EPA and the Nuclear Regulatory Commission (NRC) are developing guidance to integrate regulations on radioactive mixed waste storage. EPA and the NRC agree on dual manifesting of mixed waste. Hazardous waste can be shipped to a designated facility in a state that does not regulate that waste as hazardous. EPA does not require a transporters to obtain permits, but States may do so. States may list used oil as hazardous waste.
 
12/23/1988HAZARDOUS WASTE MANAGEMENT CAPACITY AND RCRA CONSISTENCY ISSUESMemo
 Description: The CERCLA capacity assurance process under 104(c)(9) ensures that states have adequate capacity to manage hazardous wastes. EPA may withdraw authorized states RCRA programs if the state has unreasonable restrictions on interstate waste movements or fails to use a uniform manifest.
 
12/09/1988STAYING HSWA PERMIT CONDITIONSMemo
 Description: The state and federal portions of a joint permit may be issued at different times. The issuance of the HSWA portion of a joint permit does not terminate a facility’s interim status. 3004(u) corrective action proceedings can become effective when a permit is issued, even if all permit appeals are not completed. The Regional Administrator (RA) sometimes has the discretion to stay or delay the effective date of the HSWA portions of an appealed state permit.
 
07/12/1988NOTICE CLARIFYING THE AVAILABILITY OF INTERIM STATUS FOR FACILITIES IN UNAUTHORIZED STATES HANDLING RADIOACTIVE MIXED WASTE - TRANSMITTAL MEMOMemo
 Description: Radioactive mixed waste is subject RCRA. Facilities in unauthorized states can qualify for managing mixed waste. Authorized states must amend their state programs to obtain the authority to regulated mixed waste.
 
06/13/1988MIXED WASTE DISPOSAL FROM RADIOACTIVE MATERIALS MANUFACTURING OPERATIONSMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
06/13/1988SMALL-VOLUME MIXED WASTE LABORATORY GENERATED MATERIALS AND LEADMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
05/31/1988DEADLINES APPLICABLE TO PROPOSED DELAY OF CLOSURE REGULATION, GUIDANCEMemo
 Description: The proposed delay of closure rule (53 FR 20738; 6/30/88) would allow owners and operators of landfills and certain surface impoundments to delay closure to receive nonhazardous waste. Units which have lost interim status are not eligible for a delay of closure. Owners of units who wish to delay closure must obtain a permit or permit modification. Surface impoundments that are not retrofitted to meet the minimum technological requirements are subject to special requirements if the owner wishes to delay closure. Units that delay closure remain subject to Subtitle C. Units remain subject to the closure plan submission deadlines despite the proposed delay of closure rule (53 FR 20738; 6/30/88). Because the proposed rule is less stringent than the existing closure regulations, authorized states are not required to adopt the new provisions. Interim status units that cease receiving hazardous waste on 11/8/88 may continue to receive nonhazardous wastes until the closure plan is approved as well as during the closure period provided it does not impede closure.
 
05/02/1988CALIFORNIA AUTHORIZATION - EVALUATION OF THE WASTE EVALUATION TESTMemo
 Description: California’s waste extraction test (WET) is equivalent to the extraction procedure (EP) for the toxicity characteristic. WET may be broader in scope (cover more waste) rather than more stringent (tighter control over covered waste) and thus affect EPA enforcement and authorization of California’s RCRA program.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
01/27/1988HAZARDOUS WASTE TANK SYSTEM STANDARDS TO ANCILLARY EQUIPMENT AND EXEMPTED ELEMENTARY NEUTRALIZATION SYSTEMSMemo
 Description: The hazardous waste tank standards do not apply to ancillary equipment associated with non-regulated units, such as elementary neutralization units (ENUs). An authorized state program must be as stringent as the federal program.
 
01/01/1988DISPOSAL OF MIXED RADIOACTIVE AND HAZARDOUS WASTEQuestion & Answer
 Description: Radioactive mixed waste is not regulated until a state is authorized for mixed waste. A mixed waste landfill is a solid waste management unit (SWMU), and 3004(u) would apply to the unit. If a mixed waste disposal unit was inactive prior to the date chosen to be interim status by the state, the unit might not be subject to RCRA unless it was subsequently managed (active management) or unless the state “grandfathered” such units. If the unit is active on the interim status date, the facility must submit a Part A permit application. A state RCRA program can be broader in scope than the federal program.
 
01/01/1988FEDERAL AUTHORITY OVER AUTHORIZED STATESQuestion & Answer
 Description: EPA and states coordinate activities for joint HSWA and non-HSWA permits (3006(c)(4)). EPA retains oversight authority in authorized states to withdraw state programs (3006(e)), to revoke permits (3008(a)(3)), and to take action under 7003. States must sign a memorandum of agreement (MOA) with EPA in order to get authorized. EPA issues permits until states receive interim or final authorization.
 
12/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: State-listed hazardous wastes that are not federally regulated are not subject to the federal land disposal restrictions (LDR). EPA cannot enforce authorized state requirements which are broader in scope than the federal RCRA program.
 
11/16/1987RCRA PERMIT REQUIREMENTS FOR STATE SUPERFUND ACTIONSMemo
 Description: A state authorized to conduct RCRA base permit program will generally have authority to waive RCRA permit requirements for state Superfund actions as long as the state has authority under its own statute or regulations to grant permit waivers, and the state waiver authority is used in a manner no less stringent than allowed under federal permit waiver authority. EPA may restrict state permit waiver authority during the RCRA authorization process.
 
09/14/1987NEW HAZARDOUS WASTE FACILITY SITING PREVENTIONSMemo
 Description: CERCLA required states to develop capacity assurance plans by 1989. Addresses EPA’s concern that states were limiting new hazardous waste management capacity. States cannot impose unreasonable restrictions and prohibitions on waste movement and management.
 
07/30/1987MIXED WASTE REGULATIONMemo
 Description: Hazardous waste is subject to RCRA even if it is contained in a mixture that includes radionuclides. Discusses the deadlines and program revision requirements for states to obtain radioactive mixed waste authorization and the applicability of interim status to facilities in existence on the effective date of the mixed waste regulation. DOE regulations apply only to the actual radionuclides. The Atomic Energy Act (AEA) takes precedence over RCRA (NOTE: THIS IS THE SAME MEMO AS RPPC 9541.00-6).
 
07/30/1987STATE PROGRAM ADVISORY #2 - RCRA AUTHORIZATION TO REGULATE MIXED WASTEMemo
 Description: Hazardous waste is subject to RCRA even if it is contained in a mixture that includes radionuclides. Discusses the deadlines and program revision requirements for states to obtain radioactive mixed waste authorization and the applicability of interim status to facilities in existence on the effective date of mixed waste regulation. DOE regulations apply only to the actual radionuclides. Atomic Energy Act (AEA) takes precedence over RCRA (NOTE: THIS IS THE SAME MEMO AS RPPC 9441.1987(102)).
 
06/30/1987RCRA PERMITS WITH HSWA CONDITIONS - JOINTLY ISSUED PERMITSMemo
 Description: Federal and state portions of joint permits should be issued at the same time, even if portions of the permit pertain to HSWA requirements. New facilities cannot begin construction, and existing facilities cannot expand beyond interim status limits without a complete permit under changes during interim status. Addresses the impact on HSWA conditions of a permit if only the state portion is appealed.
 
06/29/1987STATE AUTHORIZATION AND REGULATION OF RADIOACTIVE MIXED WASTESMemo
 Description: Radioactive mixed waste is not regulated under RCRA in an authorized state until the state receives authorization. States can regulate mixed waste under state law. There are no inconsistencies between the Nuclear Regulatory Commission and EPA generator storage requirements (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/01/1987HIGH-LEVEL, TRANSURANIC, AND LOW-LEVEL RADIOACTIVE MIXED WASTEMemo
 Description: The 7/3/86 Federal Register (51 FR 24504) allows states to be authorized to regulate radioactive mixed waste, including any radionuclide regulated by the Atomic Energy Act. The DOE by-product rulemaking states that the non-radioactive hazardous component is subject to RCRA (52 FR 15937; 5/1/87).
 
04/15/1987INDUSTRIAL FURNACES BURNING HAZARDOUS WASTES AND THE RESIDUALS GENERATED (LOUISIANA REG)Memo
 Description: The use constituting disposal regulations do not require that wastes be chemically bound or fixed; rather, regulations require that wastes have undergone chemical reaction so as to become inseparable by physical means. The Agency has no guidance as to the level of chemical reaction that must have occurred, but the waste must be chemically transformed and be an effective substitute for a commercial material. Residues from a kiln may be transformed. The Bevill exemption for mining and mineral processing wastes applies to waste, not to kilns which are not processing ores or minerals. The definition of solid waste rule (50 FR 614; 1/4/85) was promulgated pursuant to non-HSWA authority. Non-HSWA rules are not effective in base authorized states until the state revises its program. Louisiana is not authorized for the rule (SUPERSEDED: See 54 FR 48889; 11/28/89). The hazardous waste-derived fuel rule is a HSWA provision and is effective in all states, including Louisiana (SUPERSEDED: See 266.100).
 
01/14/1987ROLE OF AUTHORIZED STATES IN DISPUTE RESOLUTIONMemo
 Description: If an authorized state fails to take timely enforcement or requests EPA to take the lead, EPA will pursue enforcement action. A state is encouraged to participate in dispute resolution during enforcement against a federal facility. A state can also pursue enforcement action.
 
10/31/1986RCRA 3001(F)(2)(B) AND STATES' EXCLUSION OF WASTES FROM REGULATION AS HAZARDOUSMemo
 Description: A state is not required to have a delisting mechanism to get authorized. Temporary exclusions under section 260.22(m) became obsolete on 11/8/86. Enforcement discretion, or informal exclusions, do not remove waste from regulation. Delistings go through a formal rulemaking process.
 
10/31/1986STATE AUTHORIZATION FO R PERMITTINGMemo
 Description: Once authorized, states have the permitting authority, not EPA.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
10/01/1986DELISTING BY STATESQuestion & Answer
 Description: State requirements that are broader in scope than the federal RCRA requirements are not part of the federally approved program. EPA cannot grant delistings to state-listed waste. A state grants exclusions for waste that are not federally regulated.
 
09/16/1986MINING WASTE AS NON-HAZARDOUS WASTEMemo
 Description: EPA’s response to the governor of Wyoming regarding the Bevill exempt mining and mineral processing wastes and state programs.
 
09/06/1986ON-SITE INCINERATION OF A WASTE THAT IS BOTH A BY-PRODUCT MATERIAL AND HAZARDOUSMemo
 Description: The effect of the state authorization requirements on the regulation of a radioactive mixed waste (SUPERSEDED: see 261.4(a)(4), Part 271).
 
09/01/1986STATE PROGRAMSQuestion & Answer
 Description: An explanation of the difference between “broader in scope” and “more stringent”. A state’s authorized RCRA program may be broader in scope or more stringent than the federal RCRA program. EPA may enforce a more stringent state requirement but not one that is broader in scope.
 
06/24/1986AUTHORIZATION OF STATE PROGRAMS TO IMPLEMENT LAND DISPOSAL RESTRICTIONS PROGRAMSMemo
 Description: State programs can be more stringent or broader in scope. EPA can enforce in an unauthorized state. A memo of understanding or overfiling keep programs consistent. A discussion of generator counting of waste cartridges. A totally enclosed treatment waste is subject to the land disposal restrictions (LDR).
 
06/02/1986BYPRODUCT MATERIAL AND MIXED WASTE, AEA AND DOE INTERFACEMemo
 Description: The Atomic Energy Act (AEA) definition of byproduct material is not definitive. Waste streams must be judged on a case-by-case basis. All radioactive mixed waste are subject to RCRA. Mixed waste units are corrective action solid waste management units (SWMUs) even if state is not authorized for mixed waste. Mixed waste units are not regulated in an authorized state until the state is authorized for mixed waste.
 
05/01/1986RESPONSE TO REGION III IMPLEMENTATION AND OVERSIGHT ISSUESMemo
 Description: A major handler’s list used for purposes of enforcement and inspection. When EPA narrows the scope of federal regulation, it cannot enforce state regulations broader in scope. When EPA reduces stringency of federal regulations, they can still overfile or enforce more stringent state regulations.
 
04/30/1986FLUORESCENT AND MERCURY VAPOR LAMPS AND CLASSIFICATION USING THE EP TOXICITY TESTMemo
 Description: Fluorescent and mercury vapor lamps may exhibit the toxicity characteristic (TC) for mercury as determined using the extraction procedure (EP) (SUPERSEDED: See 261.24) (SEE ALSO: RPC# 12/7/92-01). Some States regulate waste based on total mercury, not leachable mercury.
 
04/08/1986AWARD OF PERMITS FOR NEW HAZARDOUS WASTE LAND DISPOSAL FACILITIES, PROCESSMemo
 Description: An overview of state authorization. Under RCRA, political subdivisions of states (e.g., counties and municipalities) are authorized to impose requirements that are more stringent than EPA’s. States and localities may impose more stringent requirements than the Federal EPA, but courts may not allow States to restrict the movement of hazardous wastes, and EPA will not authorize state programs that impose such a ban. When complying with both the EPA and state rules is impossible, Federal rules prevail.
 
01/01/1986STATE AUTHORIZATION REVERSIONSQuestion & Answer
 Description: States with interim authorization that have not been granted final authorization by 1/31/86 will lose authority, and the program will revert to EPA. In the case of a short-term reversion (less than 90 days) EPA will try to avoid disrupting a state program.
 
10/03/1985PIG-82-5 AND RSI #5 JOINT PERMITTING IN PHASE I AUTHORIZED STATESMemo
 Description: A joint permit issued to a facility in a state is not authorized for HSWA. The permit is in effect until the authorized state reissues the permit or the EPA permit expires. A “nearly identical” permit issued by the State with a Phase I interim authorization has no less stringent state provisions than the federal program.
 
09/11/1985WASTE MINIMIZATION: PERMIT CERTIFICATION AND JOINT PERMITTINGMemo
 Description: RCRA 3005(h) requires that TSDF permits must include a waste minimization certification in facility operating record. The certification requirements must be addressed by either the State or EPA in joint permitting issues.
 
08/30/1985MIXED WASTES AT DOE FACILITIES, REGULATION OFMemo
 Description: States could not become authorized for radioactive mixed waste regulation until EPA issued its interpretation of mixed waste issue (SEE ALSO: 53 FR 37045; 9/23/88). When a state is authorized for RCRA, EPA and states issue permits due to HSWA joint permitting. Joint permit applications go to State and EPA. RCRA applies to DOE facilities handling mixed wastes. A discussion of mixed waste permitting in authorized v. unauthorized states. Mixed wastes are wastes that have both radioactive and hazardous characteristics but that are not byproduct material. Mixed waste is subject to RCRA if mixed with RCRA wastes after generation.
 
07/01/1985HSWA AUTHORIZATION ISSUES - JOINT PERMITTINGMemo
 Description: The HSWA regulations take effect in authorized and unauthorized states at the same time. A new facility is not allowed to begin construction until a full permit is issued. A joint permit issued as one permit with two signatures from State and Region or two permits issued separately by State and Region.
 
05/06/1985WASTES NEWLY REGULATED UNDER HSWA, MANAGEMENT OFMemo
 Description: EPA implements new federal hazardous waste listing promulgated pursuant to HSWA until the State gets authorized. Unauthorized states may assist in implementing through agreements with EPA, but EPA retains the ultimate responsibility to issue permits addressing new waste listings.
 
03/06/1985RCRA PERMIT REAUTHORIZATION ISSUES IN REGION IIIMemo
 Description: States issue permits to facilities in authorized states. EPA issues permits for the HSWA provision until an authorized state receives authorization. The physical construction of a facility cannot begin until the State and EPA issues a joint permit. Corrective action is addressed via the permit (3004(u)).
 
01/11/1985RCRA RSI #2: EXTENSION OF INTERIM AUTHORIZATION HAZARDOUS WASTE PROGRAMSMemo
 Description: HSWA extended the interim authorization period to 1/31/86. Regions grant extensions for good cause, when states encounter unforeseen difficulty in submitting an application. EPA publishes extensions to the interim authorization deadline in the Federal Register.
 
12/27/1984STATE CAPABILITY ASSESSMENT GUIDANCEMemo
 Description: When applying for final authorization, a State must prove it is capable to implement a RCRA program. Memorandum of Agreement requirements are outlined. A State must submit information on funding for the state hazardous waste program and implementation accomplishments and activities.
 
11/09/1984IMMEDIATE PERMIT REQUIREMENTSMemo
 Description: Historical permitting priorities due to HSWA and the land disposal restrictions (LDR) program are discussed. Permits in authorized states will be issued through joint permit processing until the states are authorized for the new provisions.
 
10/01/1984DRAFT STATE RCRA PERMITS, EPA REVIEW OFMemo
 Description: The Regional Administrator (RA) may delegate the authority to review and comment on draft state RCRA permits to an authorized representative.
 
09/13/1984RADIOACTIVE WASTE EXEMPTION IN NORTH AND SOUTH CAROLINAMemo
 Description: Radioactive mixed waste falls under subtitle C regulation (SEE ALSO: RPC# 10/14/86-01). States are not required to regulate nuclear materials excluded from RCRA or to regulate wastes containing naturally occurring radionuclides and accelerator-produced radioisotopes in order to get authorized.
 
06/26/1984STATE MODIFICATIONS TO UNIFORM HAZARDOUS WASTE MANIFEST REGULATIONSMemo
 Description: 271.10(h) prohibits re-lettering of the manifest form. If a state decides not to require completion of all manifest items, EPA recommends instructing manifest users to leave items blank. Discussion of comments on Missouri’s manifest form modifications.
 
06/13/1984TRANSFER OF FEDERAL RCRA PERMITS TO AUTHORIZED STATES AND COMPLIANCE WITH 40 CFR 124.10(E)Memo
 Description: EPA-issued permits continue in states granted final authorization until the permit is terminated or the federal permit is transferred to the state. A draft permit must be mailed to all persons identified in 124.10(c)(1)(i)-(iv).
 
05/21/1984DETERMINING WHETHER STATE HAZARDOUS WASTE REQ. ARE BROADER OR MORE STRINGENT THAN THE FEDERAL RCRA PROGRAMMemo
 Description: State requirements that are broader in scope than the federal program include those that increase the size of the regulated community or those that do not have a direct federal counterpart. EPA can enforce state requirements that are either equivalent or more stringent.
(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)
 
05/07/1984PUBLIC HEARING AFTER ISSUANCE OF DRAFT PERMIT - STATESMemo
 Description: Under 7004(b), a State or Regional office must provide the opportunity for a public hearing or meeting prior to the issuance of a final permit if written opposition is submitted. The implementing agency is not precluded from holding such meetings prior to the issuance of a draft permit, as long as additional opportunities are provided after the draft permit is issued (SEE ALSO: 60 FR 63417; 12/11/95).
 
04/04/1984FEDERAL PERMITS IN STATES WHICH HAVE RECEIVED FINAL AUTHORIZATIONMemo
 Description: EPA may not issue final RCRA permits in authorized states. A memorandum of agreement (MOA) must contain the procedures for transferring existing federal permits to the state. An existing federal permit continues to be effective in an authorized state until the permit terminates or is transferred to the state.
 
04/01/1984MEMORANDUM OF UNDERSTANDING BETWEEN EPA AND DOEQuestion & Answer
 Description: DOE permit applicants must comply with state RCRA standards even if they are more stringent than EPA standards.
 
02/21/1984REVIEW OF STATE CAPABILITY IN RCRA FINAL AUTHORIZATIONMemo
 Description: Discusses the policy on the review of state program capability for authorization and joint cooperative agreements (e.g., memorandum of agreement (MOA)), and the use of review in the state authorization process.
 
02/01/1984BIENNIAL REPORTSQuestion & Answer
 Description: Generators in interim authorized states send the hazardous waste report to the state. A state report can be biennial, annual, or quarterly.
 
08/02/1983CHANGES DURING INTERIM STATUS IN PHASE II AUTHORIZED STATESMemo
 Description: Facilities may operate only with a RCRA permit or under federal interim status. Facilities must conform to specific provisions regarding changes during interim status.
 
10/01/1982AUTHORIZING FOR WRITING PERMITS FOR SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Provides guidance on issuing permits for surface impoundments when the state has limited interim authorization.
 
08/09/1982STATE PERMITS ISSUED BEFORE RECEIVING RCRA PHASE II AUTHORIZATIONMemo
 Description: EPA-issued permits remain in effect until terminated under 122.15 or by an agreement between EPA and the permittee. Facilities that manage hazardous waste can do so only under an interim authorized state or federal RCRA permit, federal interim status, or the state equivalent to interim status.
 
07/09/1982FEDERAL DELISTING AND RCRA PERMITTING IN INTERIM AUTHORIZED STATESMemo
 Description: For a state program approved for once-listed hazardous waste that is later delisted or excluded, the waste is automatically no longer part of the authorized state program and a federal RCRA permit cannot be issued to a facility managing that waste.
 
05/25/1982EXCLUSION OF WASTE GENERATED AT INDIVIDUAL FACILITIES (DELISTING)Memo
 Description: Interim authorized states with delisting authority have the sole responsibility for delisting wastes within the state. Federal delistings do not affect the state regulation of a hazardous waste. EPA grants delistings in cases where a facility manages waste so as to bring the waste under federal jurisdiction.
 
05/17/1982EPA ENFORCEMENT OF RCRA-AUTHORIZED STATE HAZARDOUS WASTE LAWS AND REGULATIONSMemo
 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)
 
09/29/1981STATES’ ROLE IN ASSIGNING EPA IDENTIFICATION NUMBERSMemo
 Description: Unauthorized states are encouraged to assist EPA in assigning ID numbers. EPA encourages states that issue their own ID numbers to adopt EPA’s numbering system. Facilities may obtain an EPA ID number if they are handling waste only regulated by the state (not EPA). Discusses the ID number issuing process.
 
03/24/1981TRANSFER OF NOTIFICATION AND PERMIT APPLICATION INFORMATION TO STATESMemo
 Description: EPA issues and reviews permits until states receive Phase II interim authorization. EPA will provide copies of notification forms and the Part A permit application to states during the authorization process.
 
02/12/1981INVOLVEMENT OF STATES WITHOUT PHASE II INTERIM AUTHORIZATION IN RCRA PERMITTINGMemo
 Description: EPA issues permits until a state receives interim authorization. EPA must cooperate with the state when issuing permits. Phase II interim authorization includes unit standards and permitting standards. Part 267 interim final regulations are temporary standards for land disposal facilities.
 
11/14/1980STATE REGULATION OF FEDERAL AGENCIES FOR PURPOSE OF INTERIM AUTHORIZATIONMemo
 Description: In order to receive interim authorization, a state must demonstrate the ability to regulate federal agencies. The attorney general’s statement must explain the authority for state jurisdiction over federal facilities.
 
10/31/1980DELISTING OF WASTE BY AUTHORIZED STATESMemo
 Description: A state with a delisting mechanism may receive interim authorization provided that the program is substantially equivalent to the federal program. The state program may be withdrawn if its scope of regulation is no longer substantially identical to the federal program.
 
10/17/1980STATE PERMITTING DURING PHASE I INTERIM AUTHORIZATIONMemo
 Description: A state may qualify for interim authorization for Phase I if the state’s facility controls are substantially equivalent to the federal program. State permits must be modified to reflect changes in the federal regulations. A facility must obtain a RCRA permit after the effective date of Phase II.
 
10/03/1980INTERIM AUTHORIZATION OF PROGRAMS BASED ON EMERGENCY STATE REGULATIONSMemo
 Description: An interim authorized state program will be withdrawn if it does not meet the minimum federal requirements. A state may use emergency regulations to qualify for interim authorization on a conditional basis. However, state emergency regulations cannot be used as the basis for final authorization.
 
06/18/1980DOT'S ROLE IN THE TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: EPA and DOT have a memorandum of understanding (MOU) for the jurisdiction of discharges of hazardous waste, intrastate inspection, compliance, and enforcement. State authorization includes provisions for transporter regulations and whether the state’s program is equivalent to the DOT standards.
 
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