Policies and Guidance Documents for Resource Conservation and Recovery Act (RCRA) State Authorization

EPA developed memos and documents that articulate specific Agency policies, or provide useful tools on topics related to state authorization. The below documents may assist states as they prepare authorization applications or assist EPA regions as they review these applications. Many of these documents were developed early in the implementation of the authorization program, and may also help state and regional staff understand the program.

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State Authorization Procedures and Enforcement Guidance

The below table includes documents that provide states and EPA assistance with state authorization procedures and review.

This document outlines the appropriate procedure for issuing immediate final rules to authorize revisions to State hazardous waste programs under Title 40 of the Code of Federal Regulations (CFR) section 271.21(b)(3). Below it you can find a model Federal Register notice.

Availability of Information

The below table include documents that provide states and EPA with assistance regarding availability of information issues.

Title Date Description
Effect on State Authorization of Hazardous Solid Waste Amendments (HSWA)(pdf) (18.7 K) August 1986 This document expands on the discussion of Section 3006(f) in the preamble to the RCRA Codification Rule and explains how EPA intends to determine whether States have satisfied the Section 3006(f) standards.
Interpretation of April 24, 1986 Draft Guidance on 3006(f) of RCRA (pdf) (18.7 K) July 1986 This memorandum is in response to an EPA Region 5 memorandum concerning EPA's draft guidance on Section 3006(f) of RCRA. The guidance requires States to respond to Freedom of Information Act requests within twenty days. Region 5 asked whether States, whose statutes or regulations do not contain this requirement could agree to it in the MOA. You believe that this is a Procedural requirement for which an MOA agreement would be appropriate.
Summary of RCRA 3006(f) Issues - 1986 (pdf) (69.84 KB, 1986) 1986 This document provides a summary of the major issues that have been raised in reference to compliance with RCRA Section 3006(f). It includes for illustration discussions of representative State cases - a number of these have yet to be finally resolved.
Availability of Information Checklist (docx) (24.68 KB) November 1984 This document provides a checklist corresponding to the federal availability of information requirements, and the components of a state’s authorization application in which they should be placed.

Universal Waste

The table below includes documents that provide states and EPA with assistance regarding universal waste regulations.

Corrective Action Guidance

The below table includes documents that provide states and EPA with assistance regarding corrective action.

Title Date Description
Reflecting RCRA Cleanup Reforms in MOAs Between EPA and States Authorized for Corrective Action (pdf) (12.3 K) April 2001 OSWER’s announcement of the RCRA Cleanup Reforms in July of 1999 emphasized a results-oriented focus, more flexible approaches, and meeting Environmental Indicators. On January 11, 2001, OSWER announced a second set of reforms that built upon the July 1999 reforms and added new initiatives to strengthen them. EPA’s operating agreements with State agencies should reflect and emphasize the RCRA Cleanup Reforms. For that purpose, as a component of the second round of reforms, EPA has developed the model language set forth in this memorandum for States to include in new or renegotiated Memorandum of Agreement (MOAs) where States are authorized for RCRA Corrective Action.
Remediation Memo Consolidating RCRA Policies on Corrective Action (pdf) (42.9 K) October 1998 This memo provides three categories of information: information on regulations and policies that apply to all remediation waste; information on regulations and policies that apply only to contaminated media; and, information on regulations and policies that apply only to contaminated debris.

Other Guidance Documents

The below table includes documents that provide states and EPA with assistance miscellaneous state authorization issues.