Application Materials for Revisions of State Hazardous Waste Programs

State authorization revision applications are submitted by states to EPA for review. The application package typically includes state regulations and statutes, a statement or certification from the state’s Attorney General, rule checklists, and if necessary, a revised program description or memorandum of agreement. The documents below provide models for these components.

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Example Model of a Memorandum of Agreement Between a State and an EPA Region 

This MOA establishes policies, responsibilities and procedures pursuant to 40 Code of Federal Regulations (CFR) section 271.8 for state hazardous waste programs authorized under section 3006 of the Resource Conservation and Recovery Act (RCRA) as amended, and EPA regional offices. This agreement further sets forth the manner in which the state and EPA will coordinate in the state's administration of the authorized state programs and EPA's administration of the provisions of the Hazardous and Solid Waste Amendments of 1984.

Please note that this document is only a model. Regions are welcome to modify the language and contents of this model to meet their own specific needs and concerns. Sections marked with asterisks discuss provisions required under 40 CFR §271.8.

In general, the regulations on crafting the MOA are very flexible, but some impose minimum requirements (e.g., §271.8(b)(5) does not allow restrictions on EPA inspection authority over non compliant facilities and §271.8(a) does not allow restrictions on EPA’s statutory oversight authority). Check §271.8 when modifying the model.

Also, make sure that other regulations apart §271.8 don’t apply. (e.g., any exchange of information from EPA to the state is subject to the Confidential Business Information regulations in 40 CFR part 2 and commenting on draft permits is subject to §271.19).

Model Outline/Guidance for the Development of the Program Description (PD) of a State's Hazardous Waste Program

This Model PD Outline/Guidance document is designed to provide guidance to states for the preparation of a PD. In accordance with 40 CFR 271.6, the specific requirements included in the document are taken from the outline provided in the State Authorization Manual, chapter three, Program Revision Application.  

This document describes how a state intends to implement the provisions for which it is seeking authorization. The program description must be a standalone document which, in narrative and chart form, describes clearly for the general public, public interest groups, regulated community and other interested parties how the hazardous waste program in the state will be carried out.

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Model Attorney General Certification for Final Authorziation for Changes to the Federal Hazardous Waste Program

This document provides an example statement with fillable blanks for an attorney general authorizing changes related to section 3006(b) of RCRA.

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RCRA Statutory Checklist 

The full and abbreviated statutory checklists are provided to aid attorneys and others in reviewing and documenting state hazardous waste enabling authority for authorization under section 3006(b) of RCRA. The checklists are also provided to aid attorneys and others in documenting and reviewing a state’s enabling authority as a result of renumbering, restructuring or changes to the state’s statutes that may impact authorization. EPA attorneys are encouraged to involve attorneys in a state’s attorney general’s office or other state legal counsel during such reviews. 

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Regulatory Checklists for States that Incorporate the Federal Regulations by Reference

This document provides of an example of an incorporation by reference program revision package for regulatory documentation for federal provisions for which a state is seeking authorization. Also see EPA Guidelines For State Adoption of Federal RCRA Regulations by Reference

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