SUPPORTING
STATEMENT
FOR
INFORMATION
COLLECTION
REQUEST
NUMBER
0969.06
"
FINAL
AUTHORIZATION
FOR
HAZARDOUS
WASTE
MANAGEMENT
PROGRAMS"
TABLE
OF
CONTENTS
1.
Identification
of
the
Information
Collection
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1
1(
a)
Title
and
Number
of
the
Information
Collection
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1
1(
b)
Short
Characterization
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1
2.
Need
for
and
Use
of
the
Collection
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3
2(
a)
Need
and
Authority
for
the
Collection
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3
2(
b)
Use
and
Users
of
the
Data
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4
3.
The
Respondents
and
the
Information
Requested
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4
3(
a)
Respondents
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3(
b)
Information
Requested
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4
State
Program
Authorization:
Base
Program
Development
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4
(
a)
Miscellaneous
Program
Elements
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4
(
b)
Program
Description
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5
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c)
Attorney
General's
Statement
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6
(
d)
Memorandum
of
Agreement
with
EPA
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6
State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
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7
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a)
Base
Program
Public
Participation
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7
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b)
Base
Program
Submission
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8
State
Program
Authorization:
Revision
Applications
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.9
State
Program
Authorization:
Withdrawal
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11
4.
The
Information
Collected
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Agency
Activities,
Collection
Methodology,
and
Information
Management
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12
4(
a)
Agency
Activities
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12
State
Program
Authorization:
Base
Program
Development
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12
State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
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12
State
Program
Authorization:
Revision
Applications
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12
State
Program
Authorization:
Withdrawal
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13
4(
b)
Collection
Methodology
and
Management
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13
4(
c)
Small
Entity
Flexibility
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14
4(
d)
Collection
Schedule
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14
State
Program
Authorization:
Revision
Applications
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14
State
Program
Authorization:
Withdrawal
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14
5.
Nonduplication,
Consultations,
and
Other
Collection
Criteria
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15
5(
a)
Nonduplication
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15
5(
b)
Consultations
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15
5(
c)
Effects
of
Less
Frequent
Collection
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15
5(
d)
General
Guidelines
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16
5(
e)
Confidentiality
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16
5(
f)
Sensitive
Questions
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16
6.
Estimating
the
Burden
and
Cost
of
Collection
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16
6(
a)
Estimating
Respondent
Burden
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16
6(
b)
Estimating
Respondent
Costs
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17
6(
c)
Estimating
Agency
Burden
and
Costs
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18
6(
d)
Bottom
Line
Burden
Hours
and
Costs
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18
6(
e)
Burden
Statement
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19
EXHIBITS
State
Program
Authorization:
Base
Program
Development
(
Exhibit
1)
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20
State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
(
Exhibit
2)
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21
State
Program
Authorization:
Revision
Applications
(
Exhibit
3)
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22
State
Program
Authorization:
Withdrawal
(
Exhibit
4)
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23
State
Program
Authorization:
Respondent
Burden
and
Cost
Summary
(
Exhibit
5)
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24
State
Program
Authorization:
Annual
Agency
Burden
and
Costs
(
Exhibit
6)
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25
State
Program
Authorization:
Agency
Burden
and
Cost
Summary
(
Exhibit
7)
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27
1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
This
ICR
is
titled
"
Final
Authorization
for
Hazardous
Waste
Management
Programs,"
ICR
number
0969.06.
In
compliance
with
the
Paperwork
Reduction
Act
of
1995,
EPA
issued
a
public
notice
in
the
Federal
Register
on
December
28,
2001
(
66
FR
67245)
announcing
the
renewal
of
the
Final
Authorization
for
Hazardous
Waste
Programs
Information
Collection
Request
(
ICR).
EPA
received
one
comment.

1(
b)
SHORT
CHARACTERIZATION
Section
3006(
a)
of
the
1976
Resource
Conservation
and
Recovery
Act
(
RCRA)
authorizes
EPA
to
develop
guidelines
to
assist
States
in
developing
State
hazardous
waste
programs.
40
CFR
Part
271
subpart
A
specifies
the
requirements
that
States
and
territories
must
follow
in
developing
and
revising
their
RCRA
Subtitle
C
programs.
It
also
establishes
procedures
EPA
must
follow
in
approving,
revising,
and
withdrawing
approval
of
State
programs.
The
substantive
provisions
which
must
be
included
in
State
programs
for
them
to
be
approved
include
requirements
for
permitting,
compliance
evaluation,
enforcement,
public
participation,
and
sharing
of
information.
State
programs
must
adopt
or
enforce
requirements
that
are
at
least
as
stringent
as
those
required
under
this
subpart.
There
is
nothing
that
precludes
a
State
from
adopting
or
enforcing
requirements
that
are
more
stringent
or
extensive.

State
Program
Authorization:
Base
Program
Development
Section
271.5(
a)
describes
the
requirements
for
any
State
that
is
preparing
a
RCRA
Subtitle
C
program.
The
section
requires
that
any
State
that
seeks
to
administer
a
program
must
obtain
a
letter
from
the
Governor
requesting
program
approval.
The
State
must
prepare
a
description
of
the
program
it
proposes
to
administer
in
lieu
of
the
Federal
program
under
State
law
or
under
an
interstate
compact,
in
accordance
with
section
271.6.
The
State
shall
obtain
a
statement
from
the
State
Attorney
General,
including
citations
to
the
specific
statutes,
administrative
regulations,
and
where
appropriate,
judicial
decisions
which
demonstrate
that
the
laws
of
the
State
provide
adequate
authority
to
carry
out
the
program
described
under
section
271.6,
in
accordance
with
section
271.7.
The
State
also
must
prepare
a
Memorandum
of
Agreement
(
MOA),
in
accordance
with
section
271.8.
Section
271.5
requires
that
the
State
prepare
copies
of
all
applicable
State
statutes
and
regulations,
including
those
governing
State
administrative
procedures.
As
required
by
section
271.5(
c),
the
State
may
also
be
required
to
prepare
a
revised
submission
if
the
initial
submission
is
materially
changed
during
EPA's
review.

State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
Public
participation
in
the
development
and
approval
of
a
State
program
is
required
by
section
271.20(
a)
and
(
b).
Prior
to
submitting
an
application
to
EPA
for
approval,
a
State
must
issue
a
public
notice
of
its
intent
to
seek
program
approval
from
EPA.
Section
271.20(
a)
requires
that
the
notice
must
be
circulated
in
the
State's
largest
newspapers
and
mailed
to
persons
on
the
State
agency
mailing
list
and
to
any
other
persons
whom
the
agency
has
reason
to
believe
are
interested.
The
State
must
also
provide
for
a
comment
period
of
not
less
than
30
days.
If
sufficient
public
interest
is
shown
or,
alternatively,
by
pre­
arrangement,
the
State
or
EPA
must
hold
a
public
hearing.
If
the
proposed
State
program
is
substantially
modified
after
the
public
comment
period,
the
State
will,
prior
to
submittal,
provide
the
opportunity
for
further
public
comment
on
those
portions
of
the
State's
program
which
have
been
changed
since
the
prior
public
notice,
as
required
by
section
271.20(
b).
The
State
will
be
required
to
review
and
modify
its
program
as
necessary
based
on
the
public
comment
period(
s)
and
public
hearing
(
if
applicable).

After
complying
with
the
requirements
of
section
271.20(
a)
and
(
b),
the
State
shall
prepare,
in
accordance
with
section
271.21(
c),
documentation
of
and
a
response
to
public
comment,
as
required
by
section
271.5(
a)(
6).
2
The
State
shall
submit,
in
accordance
with
section
271.5,
a
proposed
program
to
EPA,
as
required
by
section
271.20(
c).
The
program
submission
shall
include
all
those
items
prepared
under
sections
271.5
and
271.21(
c).
If
the
submission
is
materially
changed
because
of
EPA's
review,
the
State
must
submit
a
revised
program,
in
accordance
with
section
271.5(
c).

Within
90
days
of
submission
of
the
complete
program
to
EPA,
the
Agency
shall
make
a
tentative
determination
of
whether
or
not
to
grant
State
authorization,
as
required
by
section
271.20(
d).
If
EPA
indicates
it
may
not
approve
the
program,
it
must
circulate
a
statement
of
concern.
EPA
must
give
notice
of
its
tentative
determination
in
the
Federal
Register,
indicate
in
the
Federal
Register
that
a
public
hearing
will
be
held,
and
subsequently
hold
a
public
hearing.
Within
90
days
of
the
notice
EPA
will
make
a
final
determination,
taking
into
account
the
public
comments.
The
Agency
shall
publish
this
determination
in
the
Federal
Register.

State
Program
Authorization:
Revision
Applications
Either
EPA
or
the
Approved
State
may
initiate
program
revision.
Program
revision
may
be
necessary
when
the
controlling
Federal
or
State
statutory
or
regulatory
authority
is
modified
or
supplemented.
The
State
shall
inform
EPA
of
any
proposed
modifications
to
its
basic
statutory
or
regulatory
authority,
its
forms,
procedures,
or
priorities,
in
accordance
with
section
271.21(
a).
In
the
event
that
the
State
is
revising
its
program,
the
State
shall
prepare
and
submit
modified
revisions
of
the
program
description,
Attorney
General's
Statement,
Memorandum
of
Agreement,
or
such
other
documents
as
EPA
determines
to
be
necessary,
as
required
by
section
271.21(
b)(
1).

If
an
approved
State
is
proposing
to
transfer
all
or
any
part
of
any
program
from
the
approved
State
agency
to
any
other
agency,
EPA
must
be
notified,
including
submission
of
revised
organizational
charts
required
under
section
271.6(
b),
in
accordance
with
section
271.21(
c).
A
State
must
modify
its
program
to
comply
with
any
Federal
program
changes
which
occur
before
final
authorization
is
received,
except
for
those
changes
that
the
State
has
already
received
authorization
for,
in
accordance
with
section
271.21(
f).

Section
271.21(
e)(
2)(
ii)
requires
that
for
Federal
program
changes
occurring
on
or
after
July
1,
1984,
the
State
program
must
be
modified
by
July
1
of
each
year
to
reflect
all
changes
to
the
Federal
program
occurring
during
the
12
months
preceding
the
previous
July
1.
Section
271.21(
e)(
2)(
v)
allows
States
an
additional
year
to
modify
their
programs
for
changes
to
the
Federal
program
which
necessitate
a
State
statutory
amendment.
These
deadlines
may
be
extended
by
EPA
up
to
six
months
in
accordance
with
section
271.21(
e)(
3)
after
a
demonstration
by
the
State
that
it
has
made
a
good
faith
effort
to
meet
the
deadline
and
that
its
legislative
or
rulemaking
procedures
render
the
State
unable
to
do
so.
The
State
may
receive,
in
accordance
with
section
271.21(
g),
a
further
extension
from
EPA
if
it
has
already
received
the
extension
under
section
271.21(
e)(
3).
The
State
must
submit
a
proposed
timetable
for
the
requisite
regulatory
and/
or
statutory
revisions.
When
the
State
program
modification
has
been
completed,
the
State
has
30
days
to
submit
a
copy
of
the
program
change
and
a
schedule
indicating
when
the
State
intends
to
seek
approval
of
the
change,
as
required
by
section
271.21(
e)(
4)(
i).

In
approving
or
disapproving
of
a
State
program,
EPA
must
issue
a
public
notice
in
the
Federal
Register
and
via
the
largest
newspapers
and
by
mailings
to
State
Agencies
and
other
interested
parties,
in
accordance
with
section
271.21(
b)(
3)
and
(
4).
If
EPA
receives
an
adverse
comment
within
60
days
of
the
notice,
EPA
shall
notify
the
State
and
publish
in
the
Federal
Register
a
notice
withdrawing
the
proposed
determination
or
responding
to
the
comment
and
affirming
or
reversing
the
decision.

State
Program
Authorization:
Withdrawal
A
State
with
a
program
approved
under
Part
271
Subpart
A
may
voluntarily
transfer
program
responsibilities
required
by
Federal
law
to
EPA
by
notifying
EPA
of
the
proposed
transfer,
including
submission
of
a
plan
for
the
orderly
transfer
of
all
relevant
program
information
not
in
the
possession
of
EPA,
as
required
by
section
271.23(
a)(
1).
Within
60
days
of
receiving
these
materials,
EPA
must
review
and
evaluate
them
and
3
1
RCRA
Section
3006(
g)
also
provides
for
interim
authorization
for
requirements
promulgated
pursuant
to
HSWA.
A
State
may
receive
interim
authorization
if
its
program
is
substantially
equivalent
to
the
Federal
program.
EPA
does
not
expect
to
receive
any
applications
for
interim
authorization,
because
States
that
need
to
amend
their
regulations
for
HSWA
authorization
will
amend
them
in
a
manner
that
will
allow
them
to
qualify
for
final
authorization.
Interim
authorization
will
be
an
unnecessary
step.
Thus,
this
ICR
addresses
only
the
information
requirements
necessary
to
obtain
final
authorization.
identify
any
additional
materials
needed
by
EPA.
At
least
30
days
before
transfer
is
to
occur,
EPA
must
issue
notice
of
the
transfer
in
the
Federal
Register,
newspapers,
and
mailings
to
all
parties
specified
in
section
271.23(
a)(
3).

In
accordance
with
section
271.23(
b),
EPA
may
order
the
commencement
of
withdrawal
proceedings
on
his
or
her
initiative
or
by
a
petition
from
an
interested
party.
EPA
must
review
and
respond
in
writing
to
any
petition
to
commence
withdrawal
proceedings.
EPA's
order
commencing
the
withdrawal
proceedings
must
set
a
date
and
a
place
for
a
public
hearing
and
specify
the
applicable
allegations
against
the
State.
Within
30
days,
the
State
must
prepare
a
written
response
admitting
or
denying
such
allegations,
as
required
by
section
271.23(
b)(
1).
EPA
must
review
all
applicable
materials
within
60
days
of
the
Presiding
Official's
recommended
decision
and
issue
a
decision.
In
the
event
that
EPA
concludes
that
the
State
has
not
administered
the
program
in
conformity
with
the
regulations,
the
State
is
required
to
correct
any
deficiencies
in
the
program
identified
by
EPA
and
to
file,
with
EPA
and
other
interested
parties,
a
statement
certified
by
the
State
that
appropriate
actions
have
been
taken,
as
required
by
section
271.23(
b)(
8)(
iv).

EPA
may
require
a
further
showing
in
addition
to
the
certified
statement.
Depending
on
whether
the
State
takes
appropriate
action,
EPA
will
issue
a
supplementary
order
either
withdrawing
or
approving
the
State's
program
authority.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
RCRA,
as
amended
by
HSWA,
provides
for
authorization
of
State
hazardous
waste
programs.
To
achieve
final
authorization,
a
State
must
demonstrate
that
its
program
meets
the
statutory
tests
embodied
in
the
regulatory
requirements
for
final
authorization
in
40
CFR
Part
271,
Subpart
A.
1
These
statutory
tests
or
standards
for
State
programs
are:

State
Program
Authorization:
Base
Program
Development
!
They
must
be
"
equivalent"
to
the
Federal
program
(
RCRA
Section
3006(
b));

!
They
may
not
impose
any
requirements
"
less
stringent"
than
the
Federal
requirements
(
RCRA
Section
3009);

!
They
must
be
"
consistent"
with
the
Federal
program
and
other
authorized
State
programs
(
RCRA
Section
3006(
b));

!
They
may,
however,
impose
requirements
which
are
"
more
stringent"
than
those
imposed
by
Federal
regulations
(
RCRA
Section
3009);
and
!
They
must
"
provide
adequate
enforcement"
of
compliance
with
the
program
(
RCRA
Section
7004(
b)).
4
State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
!
They
must
follow
specific
procedures
for
public
"
notice
and
hearing"
in
the
permitting
process
(
RCRA
Section
7004(
b));
and
!
They
must
provide
for
the
public
availability
of
information
"
in
substantially
the
same
manner
and
to
the
same
degree"
as
the
Federal
program
(
RCRA
Section
3006(
f)).

State
Program
Authorization:
Revision
Applications
!
They
must
follow
strict
deadlines
in
revising
their
programs,
as
required
by
section
271.21.

State
Program
Authorization:
Withdrawal
!
The
information
collected
from
the
States
during
the
application
process
for
State
authorization
allows
EPA
to
make
a
determination
of
whether
the
State
program
meets
the
statutory
requirements
listed
above.
If
EPA
determines
that
the
State
program
does
not
meet
these
criteria,
EPA
may
start
procedures
for
withdrawing
approval
of
the
program,
in
accordance
with
section
271.23.

2(
b)
USE
AND
USERS
OF
DATA
In
order
for
a
State
to
obtain
final
authorization
for
a
State
hazardous
waste
program,
it
must
submit
an
official
application
to
EPA
for
review.
The
State's
application
must
address
all
provisions
of
the
Federal
program
that
were
in
effect
one
year
prior
to
application
submission
(
see
40
CFR
271.21(
e)).
Therefore,
it
is
important
for
any
State
initially
applying
for
final
authorization
to
adopt
any
Federal
program
change
that
occurred
earlier
than
the
date
one
year
before
its
official
application
is
submitted.

If
the
State
also
has
equivalent
authority
for
Federal
program
elements
that
became
effective
less
than
a
year
prior
to
the
State's
application,
then
the
State's
application
may
include
demonstration
of
such
authority
so
that
EPA
will
also
be
able
to
confer
authorization
for
those
program
elements.
However,
it
is
important
to
note
that
the
State
is
not
required
to
have
a
counterpart
to
any
Federal
provision
that
became
effective
during
that
time
period
in
order
to
receive
initial
authorization,
although
the
State
will
subsequently
need
to
modify
its
program
for
such
changes
as
part
of
the
program
revision
process.

EPA
will
use
the
information
submitted
by
the
State
in
order
to
determine
whether
the
State's
program
meets
the
statutory
requirements
for
authorization.
Specifically,
EPA
will:

!
Determine
the
scope,
structure,
coverage,
and
processes
of
the
State
program;

!
Determine
whether
the
State
has
the
capability
to
carry
out
the
proposed
program;

!
Determine
whether
the
State
has
existing
authority
(
both
statutory
and
regulatory)
that
is
equivalent
to
the
Federal
Subtitle
C
regulatory
program
addressing
generator
standards;
transporter
standards;
and
treatment,
storage,
or
disposal
facility
(
TSDF)
permitting
requirements
and
procedures;

!
Determine
whether
the
State
has
identified
existing
deficiencies
in
its
hazardous
waste
program
and
the
means
and
schedule
for
correcting
these
deficiencies
in
order
to
become
eligible
for
program
authorization
in
a
timely
manner;
and
!
Negotiate
the
memorandum
of
Agreement
(
MOA)
between
the
State
and
EPA
which
delineates
State
and
EPA
responsibilities
and
coordination
in
program
administration,
enforcement
and
compliance
monitoring,
and
facility
permitting.
5
3.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
3(
a)
RESPONDENTS
The
fifty
(
50)
States
and
eight
(
8)
territories
of
the
United
States
(
States)
will
be
affected
by
the
authorization
requirements
discussed
in
this
ICR.

3(
b)
INFORMATION
REQUESTED
State
Program
Authorization:
Base
Program
Development
(
a)
Miscellaneous
Program
Elements
Section
271.5(
a)
and
(
c)
describes
the
requirements
for
any
State
that
is
preparing
a
RCRA
Subtitle
C
program
under
this
part.
Any
State
that
seeks
to
administer
a
program
must
obtain
a
letter
from
the
Governor
requesting
program
approval
and
prepare
copies
of
all
applicable
State
statutes
and
regulations,
pursuant
to
section
271.5(
a)(
1)
and
(
5),
respectively.
In
addition,
if
the
State's
submission
is
materially
changed
during
EPA
review,
the
State
will
provide
a
revised
version
to
EPA,
as
required
by
section
271.5(
c).

(
i)
Data
items:

!
A
letter
from
the
Governor
of
the
State
requesting
program
approval;

!
Copies
of
all
applicable
State
statutes
and
regulations,
including
those
governing
State
administrative
procedures;
and
!
A
revised
submission
in
accordance
with
§
271.5(
c),
if
the
State's
submission
is
materially
changed
during
EPA
review.

(
ii)
Respondent
activities:

To
comply
with
the
requirements
of
section
271.5,
States
must
perform
the
following
activities:

!
Read
the
regulations;

!
Obtain
a
letter
from
the
Governor
requesting
program
approval,
as
required
by
§
271.5(
a)(
1);

!
Prepare
copies
of
all
applicable
State
statutes
and
regulations,
including
those
governing
State
administrative
procedures,
as
required
by
§
271.5(
a)(
5);
and
!
Revise
its
submission,
as
required
by
§
271.5(
c),
in
the
event
that
the
State's
submission
is
materially
changed
during
EPA
review.

(
b)
Program
Description
Any
State
that
seeks
to
administer
a
program
under
Part
271
Subpart
A
shall
prepare
a
description
of
the
program
it
proposes
to
administer
in
lieu
of
the
Federal
program
under
State
law
or
under
an
interstate
compact,
as
required
by
section
271.6.

(
i)
Data
items:
6
The
program
description
shall
contain
the
following:

!
A
description
in
narrative
form
of
the
scope,
structure,
coverage,
and
processes
of
the
State
program;

!
A
description
of
the
organization
and
structure
of
the
State
agency
or
agencies
which
will
have
responsibility
for
administering
the
program,
including
the
information
listed
below:

­­
A
description
of
the
State
agency
staff
who
will
carry
out
the
State
program,
including
the
number,
occupations,
and
general
duties
of
the
employees;
­­
An
itemization
of
the
estimated
costs
of
establishing
and
administering
the
program,
including
cost
of
the
personnel,
administrative
support,
and
technical
support;
and
­­
An
itemization
of
the
sources
and
amounts
of
funding,
including
an
estimate
of
Federal
grant
money,
identifying
any
restrictions
or
limitations
upon
this
funding.

!
A
description
of
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)
the
State
intends
to
employ
in
its
program.
The
State
need
not
provide
copies
of
uniform
national
forms
it
intends
to
use,
but
should
note
its
intention
to
use
such
forms;

!
A
complete
description
of
the
State's
tracking
and
enforcement
program;

!
A
description
of
the
State
manifest
tracking
system,
and
of
the
procedures
the
State
will
use
to
coordinate
information
with
other
approved
State
programs
and
the
Federal
program
regarding
interstate
and
international
shipments;

!
An
estimate
of
the
number
of
generators,
transporters,
and
treatment,
storage,
and
disposal
facilities,
and
a
brief
description
of
the
types
of
facilities
and
an
indication
of
the
permit
status
of
these
facilities;
and
!
If
available,
an
estimate
of
the
annual
quantities
of
hazardous
wastes
generated
within
the
State;
transported
into
and
out
of
the
State;
and
stored,
treated,
or
disposed
of
within
the
State:
On­
site;
and
Off­
site.

(
ii)
Respondent
activities:

To
comply
with
the
requirements
of
section
271.6,
States
must
perform
the
following
activities:

!
Read
the
regulations;
and
!
Prepare
a
program
description,
as
required
by
§
271.6.

(
c)
Attorney
General's
Statement
Any
State
that
seeks
to
administer
a
program
under
Part
271
Subpart
A
shall
obtain
a
statement
from
the
State
Attorney
General
that
the
laws
of
the
State
provide
adequate
authority
to
carry
out
the
program
described
under
section
271.6
and
to
meet
the
requirements
of
this
subpart,
as
required
by
section
271.7.

(
i)
Data
items:
7
!
Attorney
General's
statement,
including
citations
to
the
specific
statutes,
administrative
regulations,
and
where
appropriate,
judicial
decisions
which
demonstrate
adequate
authority.

(
ii)
Respondent
activities:

To
comply
with
the
requirements
of
section
271.7,
States
must
perform
the
following
activities:

!
Read
the
regulations;
and
!
Prepare
a
statement
by
the
State
Attorney
General,
as
required
by
§
271.7.

(
d)
Memorandum
of
Agreement
with
EPA
Any
State
that
seeks
to
administer
a
program
under
Part
271
Subpart
A
shall
prepare
a
Memorandum
of
Agreement
(
MOA),
as
required
by
section
271.8.

(
i)
Data
items:

MOA
shall
include
the
following
terms:

!
Provisions
for
EPA
to
forward
to
the
State
information
obtained
prior
to
program
approval
in
notifications
provided
under
section
3010(
a)
of
RCRA
and
an
agreement
on
procedures
for
the
assignment
of
EPA
identification
numbers
for
new
generators,
transporters,
treatment,
storage,
and
disposal
facilities;

!
Provisions
specifying
the
frequency
and
content
of
reports,
documents,
and
other
information
which
the
State
is
required
to
submit
to
EPA;

!
Provisions
on
the
State's
compliance
monitoring
and
enforcement
program,
including:

­­
Coordination
of
compliance
monitoring
activities
by
the
State
and
by
EPA;
and
­­
Procedures
to
assure
coordination
of
enforcement
activities.

!
Provisions
allowing
EPA
to
conduct
compliance
inspections
of
all
generators,
transporters,
and
HWM
facilities
in
each
year
for
which
the
State
is
operating
under
final
authorization;

!
Provisions
for
the
prompt
transfer
from
EPA
to
the
State
of
pending
permit
applications
and
any
other
information
relevant
to
program
operation
not
already
in
the
possession
of
the
State;

!
Provisions
for
transferring
existing
permits
from
EPA
to
the
State
for
administration;

!
Provisions
specifying
classes
and
categories
of
permit
applications,
draft
permits,
and
proposed
permits
that
the
State
will
send
to
EPA
for
review,
comment,
and,
where
applicable,
objection;

!
When
appropriate,
provisions
for
joint
processing
of
permits
by
the
State
and
EPA,
for
facilities
or
activities
which
require
permits
from
both
EPA
and
the
State
under
different
programs;

!
Provisions
for
the
State
to
promptly
forward
to
EPA
copies
of
draft
permits
and
permit
applications
for
all
major
HWM
facilities
for
review
and
comment.
The
State
shall
supply
EPA
copies
of
final
permits
for
all
major
HWM
facilities;

!
Provisions
for
the
State
to
review
all
permits
issued
under
State
law
prior
to
the
date
of
program
8
approval
and
modify
or
revoke
and
reissue
them
to
require
compliance
with
the
requirements
of
this
subpart;

!
Provisions
for
modification
of
the
MOA
in
accordance
with
this
subpart;
and
!
Provisions
to
assure
consistency
between
the
MOA,
the
annual
program
grant,
and
the
State/
EPA
Agreement.

(
ii)
Respondent
activities:

To
comply
with
the
requirements
of
section
271.8,
States
must
perform
the
following
activities:

!
Read
the
regulations;
and
!
Prepare
a
MOA
between
the
State
and
EPA,
as
required
by
§
271.8.

State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
(
a)
Base
Program
Public
Participation
Public
participation
in
the
development
and
approval
of
a
State
program
is
required
by
section
271.20(
a)
and
(
b).
Prior
to
submitting
an
application
to
EPA
for
approval,
a
State
must
issue
a
public
notice
of
its
intent
to
seek
program
approval
from
EPA.
The
notice
must
be
circulated
in
the
State's
largest
newspapers
and
mailed
to
persons
on
the
State
agency
mailing
list
and
to
any
other
persons
whom
the
agency
has
reason
to
believe
are
interested,
as
required
by
section
271.20(
a)(
1).
The
State
must
also
provide
for
a
comment
period
of
not
less
than
30
days,
as
required
by
section
271.20(
a)(
4).
If
sufficient
public
interest
is
shown
or,
alternatively,
by
prearrangement
the
State
or
EPA
must
hold
a
public
hearing.
If
the
proposed
State
program
is
substantially
modified
after
the
public
comment
period,
the
State
will,
prior
to
submittal,
provide
the
opportunity
for
further
public
comment
on
those
portions
of
the
State's
program
which
have
been
changed
since
the
prior
public
notice,
as
required
by
section
271.20(
b).
The
State
will
be
required
to
review
and
modify
its
program
as
necessary
based
on
the
public
comment
period(
s)
and
public
hearing
(
if
applicable).

(
i)
Data
items:

The
public
notice
must:

!
Indicate
when
and
where
the
State's
proposed
submission
may
be
reviewed
by
the
public;

!
Indicate
the
cost
of
obtaining
a
copy
of
the
submission;

!
Provide
for
a
comment
period
of
30
days
during
which
time
interested
members
of
the
public
may
express
their
views
on
the
proposed
program;

!
Provide
that
a
public
hearing
will
be
held
by
the
State
or
EPA
if
sufficient
public
interest
is
shown
or,
alternatively,
schedule
such
a
public
hearing;

!
Briefly
outline
the
fundamental
aspects
of
the
State
program;
and
!
Identify
a
person
that
an
interested
member
of
the
public
may
contact
with
any
questions.

(
ii)
Respondent
activities:
9
To
comply
with
the
requirements
of
section
271.20(
a)
and
(
b),
States
must
perform
the
following
activities:

!
Read
the
regulations;

!
Issue
public
notice,
as
required
by
§
271.20(
a)(
1);

!
Hold
a
public
hearing
if
enough
public
interest
is
shown,
as
required
by
§
271.20(
a)(
5);

!
Receive,
review,
and
respond
to
public
comments,
modifying
the
program
if
necessary
based
on
the
public
comment
period(
s)
including
any
public
hearings,
as
required
by
§
271.20(
b);
and
!
Provide
an
opportunity
for
further
public
comment
in
the
event
that
the
proposed
State
program
is
modified
during
or
after
the
public
comment
period,
as
required
by
§
271.20(
b).

(
b)
Base
Program
Submission
After
complying
with
the
requirements
of
section
271.20(
a)
and
(
b),
the
State
shall
prepare
documentation
of
and
a
response
to
public
comment,
as
required
by
section
217.20(
c).
The
State
shall
submit,
in
accordance
with
section
271.5,
a
proposed
program
to
EPA,
as
required
by
section
271.20(
c).
If
the
submission
is
materially
changed
because
of
EPA's
review,
the
State
must
provide
a
revised
submission,
in
accordance
with
section
271.5(
c).

(
i)
Data
items:

The
program
submission
shall
include:

!
A
letter
from
the
Governor
of
the
State
requesting
program
approval,
as
required
by
§
271.5(
a)(
1);

!
Copies
of
all
applicable
State
statutes
and
regulations,
including
those
governing
State
administrative
procedures,
as
required
by
§
271.5(
a)(
5);

!
A
description
of
how
the
State
intends
to
carry
out
its
responsibilities
under
this
subpart,
as
required
by
§
271.6;

!
An
Attorney
General's
statement,
as
required
by
§
271.7;

!
A
Memorandum
of
Agreement
with
EPA,
as
required
by
§
271.8;

!
Documentation
of
Public
Participation:

­­
Copies
of
all
written
comments
received
by
the
State,
in
accordance
with
§
271.20(
c);
­­
A
transcript,
recording,
or
summary
of
any
public
hearing
which
was
held
by
the
State,
in
accordance
with
§
271.20(
c);
and
­­
A
responsiveness
summary
which
identifies
the
public
participation
activities
conducted,
describes
the
matters
presented
to
the
public,
summarizes
significant
comments
received,
and
responds
to
these
comments.

!
A
revised
submission
in
accordance
with
§
271.5(
c),
if
the
State's
submission
is
materially
changed
during
EPA
review.

(
ii)
Respondent
activities:
10
!
Read
the
regulations;

!
Prepare
documentation
and
response
to
public
comment,
as
required
by
§
271.20(
c);

!
Submit
a
proposed
program
to
EPA
including
materials
as
required
by
§
271.5,
§
271.6,
§
271.7,
§
271.8,
and
§
271.20(
c);
and
!
Submit
a
revised
program
to
EPA,
in
accordance
with
§
271.5(
c),
if
the
State's
submission
is
materially
changed
during
EPA
review.

State
Program
Authorization:
Revision
Applications
Either
EPA
or
the
Approved
State
may
initiate
program
revision.
Program
revision
may
be
necessary
when
the
controlling
Federal
or
State
statutory
or
regulatory
authority
is
modified
or
supplemented.
The
State
shall
inform
EPA
of
any
proposed
modifications
to
its
basic
statutory
or
regulatory
authority,
its
forms,
procedures,
or
priorities,
in
accordance
with
section
271.21(
a).
In
the
event
that
the
State
is
revising
its
program,
the
State
shall
prepare
and
submit
modified
revisions
of
the
program
description,
Attorney
General's
statement,
Memorandum
of
Agreement,
or
such
other
documents
as
EPA
determines
to
be
necessary,
as
required
by
section
271.21(
b)(
1).

If
a
State
is
proposing
to
transfer
all
or
any
part
of
any
program
from
the
approved
State
agency
to
any
other
agency,
EPA
must
be
notified,
including
submission
of
revised
organizational
charts
required
under
section
271.6(
b),
in
accordance
with
section
271.21(
c).
Further,
whenever
EPA
has
reason
to
believe
that
circumstances
have
changed
with
respect
to
a
State
program,
EPA
may
request,
and
the
State
shall
provide,
a
supplemental
Attorney
General's
statement,
program
description,
or
such
other
documents
or
information
as
are
necessary,
in
accordance
with
section
271.21(
d).

Section
271.21(
e)
describes
the
maximum
amount
of
time
that
the
States
have
to
revise
their
programs.
Section
271.21(
e)(
2)(
ii)
requires
that
for
Federal
program
changes
occurring
on
or
after
July
1,
1984,
the
State
program
must
be
modified
by
July
1
of
each
year
to
reflect
all
changes
to
the
Federal
program
occurring
during
the
12
months
preceding
the
previous
July
1.
Section
271.21(
e)(
2)(
v)
allows
States
an
additional
year
to
modify
their
programs
for
changes
to
the
Federal
program
which
necessitate
a
State
statutory
amendment.

The
deadlines
mentioned
in
the
above
paragraph
may
be
extended
by
EPA
if
a
State
demonstrates
that
it
has
made
a
good
faith
effort
to
meet
the
deadlines
required
by
section
271.21(
e)(
2)(
i­
v)
and
that
its
legislative
or
rulemaking
procedures
render
the
State
unable
to
do
so.
This
extension
is
given
in
accordance
with
section
271.21(
e)(
3)
and
may
be
for
up
to
six
months.
Section
271.21(
g)
allows
the
State
to
receive
a
further
extension
if
it
has
already
received
the
extension
in
accordance
with
section
271.21(
e)(
3).
The
State
must
submit
a
proposed
timetable
for
the
requisite
regulatory
and/
or
statutory
revisions.
The
extension
may
be
granted
for
no
more
than
one
year
after
the
deadline
established
by
section
271.21(
e)(
3),
in
accordance
with
section
271.21(
g)(
1)(
iii)
and
(
iv).

When
the
State
program
modification
has
been
completed,
the
State
has
30
days
to
submit
a
copy
of
the
program
change
and
a
schedule
indicating
when
the
State
intends
to
seek
approval
of
the
change,
as
required
by
section
271.21(
e)(
4)(
i).
Within
60
days
of
the
appropriate
deadline,
the
State
must
submit
to
EPA
the
documentation
described
in
section
271.21(
b),
in
accordance
with
section
271.21(
e)(
4)(
ii).

(
i)
Data
items:

!
Notification
to
EPA
of
the
State's
proposed
modifications
to
its
basic
statutory
or
regulatory
authority,
its
forms,
procedures,
or
priorities.
11
!
Revision
of
a
State
program
shall
include
the
following
submission:

­­
A
modified
program
description;
­­
Attorney
General's
statement;
­­
Memorandum
of
Agreement;
or
­­
Such
other
documents
as
EPA
determines
to
be
necessary
under
the
circumstances.

!
Notification
to
EPA
by
States
with
approved
programs
whenever
they
propose
to
transfer
all
or
part
of
any
program
from
the
approved
State
agency
to
any
other
State
agency,
including
submission
of
revised
organizational
charts
required
under
§
271.6(
b),
in
accordance
with
§
271.21(
c).

!
Demonstration
that
the
State
has
made
a
good
faith
effort
to
meet
the
deadlines
required
by
§
271.21(
e)(
2)(
i­
v)
to
receive
an
extension
of
up
to
six
months,
in
accordance
with
§
271.21(
e)(
3).

!
A
copy
of
the
program
change
and
a
schedule
indicating
when
the
State
intends
to
seek
approval
of
the
change.

!
A
proposed
timetable
for
the
requisite
regulatory
and/
or
statutory
revisions
as
long
as
the
schedule
does
not
exceed
one
year
after
the
deadline
established
by
§
271.21(
e)(
3),
in
accordance
with
§
271.21(
g)(
1)(
iii).

(
ii)
Respondent
activities:

!
Read
the
regulations;

!
Notify
EPA
of
any
proposed
modifications,
as
required
by
§
271.21(
a);

!
Within
30
days
of
modification
completion,
prepare
and
submit
to
EPA
a
copy
of
the
program
change
and
a
schedule
indicating
when
the
State
intends
to
seek
approval
of
the
change,
as
required
by
§
271.21(
e)(
4)(
i);
and
!
Within
60
days
of
the
appropriate
deadline
specified
in
§
271.21(
e),(
f),
or
(
g),
prepare
and
submit
modified
revisions
of
the
program
description,
Attorney
General's
statement,
Memorandum
of
Agreement,
or
such
other
documents
as
EPA
determines
to
be
necessary,
as
required
by
§
271.21(
b)(
1).

!
If
seeking
an
extension
to
a
deadline
specified
in
§
271.21(
e)(
2)(
i­
v),
provide
adequate
demonstration
that
the
State
has
made
a
good
faith
effort
to
meet
the
deadline
and
that
its
legislative
or
rulemaking
procedures
render
the
State
unable
to
do
so,
in
accordance
with
§
271.21(
e)(
3).

!
If
seeking
an
additional
extension
in
cases
where
the
State
cannot
meet
the
extension
granted
under
§
271.21(
e)(
3),
prepare
and
submit
a
proposed
timetable
for
the
requisite
regulatory
and/
or
statutory
revisions,
in
accordance
with
§
271.21(
g)(
1)(
iii).

!
If
proposing
to
transfer
all
or
part
of
any
program
from
the
approved
State
agency
to
any
other
agency,
notify
EPA,
including
submission
of
revised
organizational
charts
required
under
§
271.6(
b),
in
accordance
with
§
271.21(
c).

State
Program
Authorization:
Withdrawal
12
A
State
with
a
program
approved
under
this
part
may
voluntarily
transfer
program
responsibilities
required
by
Federal
law
to
EPA
by
notifying
EPA
of
the
proposed
transfer,
including
submission
of
a
plan
for
the
orderly
transfer
of
all
relevant
program
information
not
in
the
possession
of
EPA,
as
required
by
section
271.23(
a)(
1).
In
the
event
that
EPA
has
commenced
proceedings
on
its
own
or
in
response
to
allegations
that
the
State
failed
to
comply
with
the
requirements
of
section
271.22,
the
State
must
prepare
a
written
response
admitting
or
denying
such
allegations,
as
required
by
section
271.23(
b)(
1).

In
the
event
that
EPA
concludes
that
the
State
has
not
administered
the
program
in
conformity
with
the
Act
or
regulations,
the
State
is
required
to
correct
any
deficiencies
in
the
program
identified
by
EPA
and
to
file,
with
EPA
and
all
parties,
a
statement
certified
by
the
State
that
appropriate
corrective
actions
have
been
taken,
as
required
by
section
271.23(
b)(
8)(
iv).
EPA
also
may
require
a
further
showing
in
addition
to
the
certified
statement
that
corrective
action
has
been
taken,
pursuant
to
section
271.23(
b)(
8)(
v).

(
i)
Data
items:

!
Notification
of
the
proposed
transfer,
including
submission
of
a
plan
for
the
orderly
transfer
of
all
relevant
program
information
not
in
the
possession
of
EPA.

!
Written
response,
in
the
event
that
EPA
has
commenced
proceedings,
to
allegations
that
the
State
failed
to
comply
with
the
requirements
of
§
271.22.

!
Corrections
to
the
State
program,
if
applicable.

!
A
statement
certified
by
the
State
that
appropriate
actions
have
been
taken,
if
applicable.

!
A
further
showing,
if
applicable.

(
ii)
Respondent
activities:

!
Read
the
regulations;

!
If
voluntarily
transferring
program
responsibilities
to
EPA,
notify
EPA
of
the
proposed
transfer
of
the
program,
as
required
by
§
271.23(
a)(
1);
and
!
Prepare
and
submit
a
plan
for
the
transfer
of
program
responsibilities,
as
required
by
§
271.23(
a)(
1).

!
If
EPA
commences
proceedings
on
its
own
or
in
response
to
allegations,
respond
and
submit
a
written
response
to
the
allegations,
as
required
by
§
271.23(
b)(
1);

!
Correct
any
deficiencies
to
the
State
program
and
file
with
EPA
and
all
parties
a
statement
certified
by
the
State
that
appropriate
actions
have
been
taken,
as
required
by
§
271.23(
b)(
8)(
iv);
and
!
Prepare
and
submit
a
further
showing
if
requested
by
EPA,
as
required
by
§
271.23(
b)(
8)(
v).

4.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
4(
a)
AGENCY
ACTIVITIES
13
State
Program
Authorization:
Base
Program
Development
The
only
Agency
activity
associated
with
the
development
of
a
State
program
is
contributing
to
the
preparation
of
a
Memorandum
of
Agreement
between
the
State
and
EPA.
This
includes
review,
negotiation,
and
agreement
of
the
provisions
included
in
the
MOA.

State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
(
a)
Base
Program
Public
Participation
The
Agency
activity
associated
with
public
participation
and
submission
involves
holding
a
public
hearing,
if
there
is
sufficient
public
interest,
to
receive
public
comment
on
the
proposed
State
plan.
This
public
hearing
may
be
held
by
either
the
State
or
EPA.

(
b)
Base
Program
Submission
Agency
activities
associated
with
the
submission
of
a
State
program
include:

!
Determine
and
notify
the
State
within
30
days
of
State
program
submission,
whether
the
submission
is
complete,
in
accordance
with
section
271.5(
b);

!
Review
the
program;

!
Issue
a
public
notice
in
the
Federal
Register
of
the
tentative
determination
of
authorization,
as
required
by
section
271.21(
d);

!
Hold
a
public
hearing,
as
required
by
section
271.20(
d)(
1);

!
Receive
and
review
public
comments
for
30
days
after
issuing
the
notice;
and
!
Issue
a
final
determination
of
authorization
in
the
Federal
Register,
taking
into
account
any
comments
submitted,
including
a
statement
of
the
reasons
for
this
determination,
and
a
response
to
significant
comments
received,
as
required
by
section
271.20(
e).

State
Program
Authorization:
Revision
Applications
Agency
activities
associated
with
submission
of
a
program
revision
by
an
approved
State
include:

!
Grant
extensions
of
deadlines
for
States
submitting
their
revised
programs,
if
applicable,
in
accordance
with
sections
271.21(
e)(
3)
and
271.21(
g)(
1);

!
Review
the
program
revisions
and
make
a
tentative
determination
of
approval
or
disapproval,
as
required
by
section
271.21(
b)(
2);

!
Issue
a
public
notice
of
EPA's
determination
in
the
Federal
Register,
largest
newspapers,
and
mailings,
as
required
by
section
271.21(
b)(
3);

!
Receive
and
review
public
comments;
and
!
Issue
a
public
notice
of
EPA's
final
determination
in
the
Federal
Register,
in
accordance
with
section
271.21(
b)(
4).
14
State
Program
Authorization:
Withdrawal
The
following
agency
activities
are
associated
with
the
procedures
for
withdrawing
approval
of
a
State
program,
as
provided
by
section
271.23:

!
If
a
State
with
a
program
approved
under
Part
271
voluntarily
transfers
program
responsibilities
required
by
Federal
law
to
EPA,
review
and
evaluate
the
State's
transfer
plan,
identifying
any
additional
information
needed
or
deficiencies
in
the
plan,
as
required
by
section
271.23(
a)(
2);
and
!
Issue
a
public
notice
of
the
proposed
transfer
in
the
Federal
Register,
largest
newspapers,
and
mailings,
in
accordance
with
section
271.23(
a)(
3).

!
If
EPA
receives
a
petition
to
commence
withdrawal
proceedings,
review
and
respond
in
writing
to
the
petition,
investigating,
if
necessary,
its
allegations,
as
required
by
section
271.23(
b)(
1);

!
If
EPA
commences
withdrawal
proceedings
on
its
own
or
in
response
to
a
petition,
issue
an
Administrator's
order,
fixing
a
time
and
a
place
for
a
hearing
and
specifying
allegations
against
the
State,
as
required
by
section
271.23(
b)(
1);

!
Review
the
record
of
the
hearing
held
under
section
271.23(
b)(
1)
and
issue
a
decision,
in
accordance
with
section
271.23(
b)(
8)(
i);

!
If
EPA
concludes
the
State
has
not
administered
the
program
in
conformity
with
the
Act
and
regulations,
list
the
deficiencies
in
the
program
and
provide
the
State
a
reasonable
amount
of
time
to
correct
them,
as
required
by
section
271.23(
b)(
8)(
iii);
and
!
Issue
a
supplementary
order
either
withdrawing
or
approving
the
State's
program
authority,
as
required
by
section
271.23(
b)(
8)(
iv).

4(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
EPA
has
taken
a
number
of
actions
to
minimize
the
information
burden
on
States
and
the
subsequent
work
burden
on
EPA.
EPA
has
provided
States
with
authorization
guidance
manuals
and
training
on
their
use,
has
simplified
regulatory
requirements
for
authorization,
provides
an
Internet
web
site
to
distribute
electronic
copies
of
authorization
aids,
and
maintains
a
cooperative
attitude.

EPA
regulations
requiring
States
to
modify
their
programs
prior
to
certain
deadlines
(
§
271.21(
e)(
2))
have
been
modified
over
time
to
improve
the
efficiency
of
program
submittals
and
to
reduce
the
information
burden.
States
may
submit
only
one
application
per
year
(
for
non­
HSWA
revisions)
covering
all
Federal
program
changes
that
occurred
during
the
previous
year.
These
are
referred
to
as
annual
program
"
clusters."
HSWA
provisions
are
grouped
into
two
multi­
year
clusters,
one
covering
HSWA
regulations
promulgated
between
November
8,
1984
and
June
30,
1987,
and
the
second
covering
HSWA
regulations
from
July
1,
1987,
to
June
30,
1990.
Starting
July
1,
1990,
both
HSWA
and
non­
HSWA
Federal
program
changes
will
be
included
in
annual
program
clusters.

4(
c)
SMALL
ENTITY
FLEXIBILITY
No
small
organizations
are
affected
by
the
40
CFR
Part
271
information
requirements.
The
information
burden
rests
solely
on
those
States
seeking
authorization
of
their
hazardous
waste
programs.

4(
d)
COLLECTION
SCHEDULE
15
EPA
has
amended
the
requirements
for
revisions
of
authorized
State
hazardous
waste
programs
to
provide
for
less
frequent
submission
of
authorization
applications
for
program
revisions.
Clustering
Federal
program
changes
on
an
annual
basis
(
or
multi­
year
basis
for
HSWA)
allows
States
to
amend
their
regulations
and
submit
applications
annually,
rather
than
in
a
more
frequent
piecemeal
fashion.

State
Program
Authorization:
Revision
Applications
The
schedule
for
revising
State
programs
to
comply
with
changes
in
Federal
programs
is
described
in
section
271.21.
Within
this
section
there
is
flexibility
to
receive
extensions
for
complying
with
the
proposed
time
schedule.
The
following
deadlines
apply
to
the
process
of
program
revision:

!
For
Federal
program
changes
occurring
on
or
after
July
1,
1984,
the
State
program
must
be
modified
by
July
1
of
each
year
to
reflect
all
changes
to
the
Federal
program
occurring
during
the
12
months
preceding
the
previous
July
1.

!
The
deadlines
may
be
extended
by
EPA
upon
demonstration
by
a
State
that
it
has
made
a
good
faith
effort
to
meet
these
deadlines.
This
extension
shall
not
exceed
six
(
6)
months.

!
Within
30
days
of
the
completion
of
the
State
program
modification
the
State
must
submit
to
EPA
a
copy
of
the
program
change
and
a
schedule
indicating
when
the
State
intends
to
seek
approval
of
the
change.

!
Within
60
days
of
the
appropriate
deadlines,
the
State
must
submit
to
EPA
the
documentation
described
in
section
271.21(
b).

!
If
a
State
is
unable
to
modify
their
programs
by
the
deadlines
they
may
receive
an
extension
of
up
to
one
year
from
the
extended
program
modification.

State
Program
Authorization:
Withdrawal
Withdrawal
of
an
approved
State
program
may
be
initiated
by
the
State
or
by
EPA
on
their
own
initiative
or
in
response
to
a
petition
that
alleges
the
State
failed
to
comply
with
the
requirements,
in
accordance
with
section
271.23.
The
following
deadlines
apply
to
the
process
of
program
withdrawal:

!
A
State
with
an
approved
program
may
voluntarily
transfer
program
responsibilities.
In
this
case,
the
State
shall
give
EPA
180
days
notice
of
the
proposed
transfer
and
shall
submit
a
plan
for
the
orderly
transfer
of
all
relevant
program
information.

!
Withdrawal
proceedings
initiated
by
EPA
require
the
State
to
prepare
and
submit
a
written
response
to
allegations
within
30
days
of
EPA
specifying
the
allegations.

!
If
EPA
concludes
that
the
State
program
is
deficient,
the
State
has
90
days
to
take
appropriate
corrective
action
as
required
by
EPA.

5.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
5(
a)
NONDUPLICATION
No
other
Federal
agency
collects
State
hazardous
waste
program
information
­­
State
authorization
for
16
hazardous
waste
management
programs
is
a
responsibility
of
EPA.
EPA
has
noted,
however,
that
States
seeking
a
program
revision
may
meet
this
information
requirement
by
simply
updating
and
amending
their
previously
submitted
final
authorization
program
packages
to
address
changes
in
program
scope,
available
resources,
permit
administration
and
enforcement
activities,
the
legislative
base
for
the
program
modification,
and
any
amendments
made
to
the
States
regulations
since
the
State
received
final
authorization.
Also,
40
CFR
Part
271
requires
no
duplication
of
effort
at
the
State
level,
for
all
previously
submitted
data
or
legislative
information
can
be
incorporated
by
reference
into
the
application
package.
All
information
and
data
compiled
and
reported
as
elements
of
a
State's
annual
RCRA
grant
application
may
also
be
used
in
the
authorization
application
process.
This
information
may
be
incorporated
by
reference
or
simply
copied
and
included
as
appendices
to
the
State
authorization
submittal.

5(
b)
CONSULTATIONS
EPA
made
every
effort
to
consult
with
the
general
public,
State
and
industry
officials,
and
appropriate
Federal
agencies
during
the
development
of
the
requirements
for
authorization
of
State
hazardous
waste
management
programs.
This
effort
started
in
November
1976,
immediately
after
RCRA
was
enacted
and
well
before
the
first
regulations
were
published
for
comment.
As
a
result
of
comments
received
on
the
proposed
rule,
EPA
made
a
number
of
modifications
to
its
original
regulations
which
reduce
the
information
burden
imposed
on
the
public.
Public
meetings
were
also
held
before
and
after
the
final
40
CFR
Part
271
regulations
were
published
to
brief
State
officials
and
the
public
on
the
final
regulations.

The
regulations
have
been
amended
several
times
since
they
were
first
promulgated.
In
each
case,
the
regulatory
amendments
were
promulgated
using
proper
rulemaking
procedures.
Also,
informal
ongoing
discussions
and
authorization
workshops
with
the
States
have
resulted
in
changes
to
the
regulations
which
have
made
the
information
collection
process
less
burdensome
to
the
States.
In
addition
to
individual
interactions
with
States,
an
association
of
State
hazardous
waste
program
directors
(
the
Association
of
State
and
Territorial
Solid
Waste
Management
Officials)
was
party
to
the
development
of
the
rulemakings
through
workgroup
participation.

5(
c)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
EPA
has
amended
the
requirements
for
revisions
of
authorized
State
hazardous
waste
programs
to
provide
for
less
frequent
submission
of
authorization
applications
for
program
revisions.
Clustering
Federal
program
changes
on
an
annual
basis
(
or
multi­
year
basis
for
HSWA)
allows
States
to
amend
their
regulations
and
submit
applications
annually,
rather
than
in
a
more
frequent
piecemeal
fashion.
In
addition,
EPA
has
provided
a
streamlined
procedure
for
minor
or
routine
rules.
This
procedure
decreases
the
requirement
for
Attorney
Generals
statements,
Program
Descriptions
and
the
Memorandum
of
Agreement.
Minor
or
routine
rules
encompass
those
RCRA
program
revisions
which
do
not
increase
the
scope
or
authority
of
the
State
program,
and
include
technical
corrections,
and
additions
to
rules
previously
authorized(
e.
g
waste
listings).

5(
d)
GENERAL
GUIDELINES
The
Federal
requirements
governing
the
content
of
State
final
authorization
applications
are
contained
in
40
CFR
271
Subpart
A.
A
State's
initial
application
for
final
authorization
must
contain
the
following
elements
as
required
by
§
271.5(
a):

(
1)
Governor's
Letter
requesting
approval
of
the
State
program;

(
2)
Program
Description
explaining
the
program
the
State
proposes
to
administer
together
with
any
forms
to
be
used
to
administer
the
program
under
State
law;

(
3)
Statement
from
the
State
Attorney
General
(
or
the
attorney
for
those
State
agencies
which
have
independent
legal
counsel)
declaring
that
the
laws
of
the
State
do
provide
adequate
authority
to
17
carry
out
the
program
the
State
proposes
to
administer;

(
4)
Memorandum
of
Agreement
providing
for
coordination
and
cooperation
between
the
State
and
EPA
regarding
the
administration
and
enforcement
of
the
authorized
State
regulatory
program
as
part
of
the
national
hazardous
waste
management
program;

(
5)
Copies
of
all
applicable
State
statutes
and
regulations
including
those
governing
State
administrative
procedures;
and
(
6)
Documentation
of
public
participation
activities
(
i.
e.,
notice
and
opportunities
for
comment
on
the
State
program
prior
to
submission
of
the
application
to
EPA).

Once
authorized,
a
State
is
obligated
to
maintain
equivalence
to
the
Federal
program
in
order
to
retain
its
authorization
(
40
CFR
271.21(
e)).
As
EPA
amends
the
Federal
RCRA
program,
States
with
final
authorization
must
similarly
revise
their
programs
and
apply
for
authorization
for
those
revisions.
The
documentation
required
for
program
revisions
have
been
significantly
reduced
through
improved
standardized
models,
but
will
vary,
depending
on
the
scope
of
the
State
modifications
and
previously
submitted
application
materials.

5(
e)
CONFIDENTIALITY
This
section
is
not
applicable,
since
no
confidential
information
is
required
to
be
submitted
by
the
States.
All
information
collected
under
40
CFR
Part
271
from
respondent
States
is
made
available
to
the
general
public
through
public
notice
and
hearings.
The
authorization
applications
are
available
to
be
viewed
at
any
time
in
the
State
or
EPA
program
office.

5(
f)
SENSITIVE
QUESTIONS
Information
required
of
States
seeking
final
authorization
or
program
revisions
under
40
CFR
Part
271
will
not
involve
questions
of
a
sensitive
nature.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
COLLECTION
6(
a)
ESTIMATING
RESPONDENT
BURDEN
EPA
estimates
respondent
burden
hours
associated
with
all
of
the
requirements
covered
in
this
ICR
in
Exhibits
1­
4.
Each
exhibit
represents
a
specific
stage
of
the
State
authorization
process
and
shows
the
associated
respondent
burden
hours
and
costs
required
to
comply
with
information
collection
requirements
in
Section
271
Subpart
A
during
the
period
FY
`
02­
04.
The
State
Program
Authorization
stages
presented
in
the
exhibits
include:

!
State
Program
Authorization:
Base
Program
Development
(
Exhibit
1)

!
State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
(
Exhibit
2)

!
State
Program
Authorization:
Revision
Applications
(
Exhibit
3)

!
State
Program
Authorization:
Withdrawal
(
Exhibit
4)

6(
b)
ESTIMATING
RESPONDENT
COSTS
In
deriving
respondent
costs,
EPA
used
State
salaries
from
the
previously
approved
ICR
and
increased
the
hourly
rates
by
13.7%
to
account
for
inflation.
EPA
used
the
Bureau
of
Labor
Statistics
Employment
Cost
Index
for
state
and
local
government
workers
ending
September
2001
and
averaged
the
annual
inflation
index
over
the
18
past
four
years.
EPA
estimates
an
average
hourly
salary
rate
of
$
43.95
for
State
legal
staff,
$
37.46
for
State
managerial
staff,
$
33.18
for
State
technical
staff,
and
$
14.61
for
State
clerical
staff,
and
an
average
overhead
factor
of
1.625.
From
these
estimates,
EPA
calculates
an
average
hourly
State
labor
cost
of
$
71.42,
$
60.87,
$
53.92,
and
$
40.22
for
legal,
managerial,
technical,
and
clerical
staff,
respectively.
Exhibit
5
presents
the
estimated
aggregate
annual
respondent
burden
and
costs.
Each
exhibit
and
any
assumptions
made
in
calculating
burden
hours
and
costs
are
discussed
below.
Note
that
there
are
no
capital
equipment
or
operating
and
maintenance
costs
associated
with
this
ICR.

State
Program
Authorization:
Base
Program
Development
EPA
expects
that
there
will
be
no
base
program
developments
during
FY
'
02­
04.
Therefore,
there
are
no
respondent
burden
hours
or
cost
associated
with
this
activity.

State
Program
Authorization:
Base
Program
Public
Participation
and
Submission
Exhibit
2
presents
the
estimated
annual
respondent
burden
hours
and
costs
incurred
during
the
public
participation
and
submission
stage
of
State
authorization
programs.
EPA
expects
that
there
will
be
no
base
program
developments
during
FY
'
02­
04.
Therefore,
there
are
no
respondent
burden
hours
or
cost
associated
with
this
activity.

State
Program
Authorization:
Revision
Applications
Exhibit
3
presents
the
estimated
respondent
burden
hours
and
costs
incurred
during
the
revision
stage
of
State
authorization
programs.
EPA
expects
that
a
total
of
18
approved
States
will
submit
one
program
revision
annually
during
FY
'
02­
04.
This
assumption
is
based
on
the
current
trend.

The
total
respondent
burden
during
the
revision
stage
is
approximately
19,968
hours
per
year,
at
an
annual
cost
of
$
1,097,072.
A
primary
reason
for
the
reduction
of
respondents
burden
hours
is
due
to
an
anticipated
decrease
in
the
number
of
rules
that
will
require
State
program
revisions
and
significant
improvements
in
reducing
the
documentary
requirements
that
States
must
provide
to
establish
program
equivalency.

State
Program
Authorization:
Withdrawal
Exhibit
4
presents
the
estimated
annual
respondent
burden
hours
and
costs
incurred
for
the
withdrawal
of
State
programs.
EPA
expects
that
there
will
be
no
program
withdrawals
during
FY'
02­
04.
There
are
therefore
no
respondent
burden
hours
or
costs
associated
with
this
activity.

6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COSTS
EPA
estimates
annual
Agency
burden
hours
and
costs
associated
with
all
of
the
requirements
covered
in
this
ICR
in
Exhibit
6.
Exhibit
6
presents
the
specific
stages
of
the
State
authorization
process
­­
Base
Program
Development,
Base
Program
Public
Participation
and
Submission,
Revision
Applications,
and
Withdrawal
­­
and
associated
respondent
burden
hours
and
costs
required
to
conduct
information
collection
activities
during
the
period
FY
'
02­
04.

EPA
believes
that
EPA
Regional
Offices,
not
Headquarters,
will
be
primarily
responsible
for
carrying
out
Agency
activities
under
Part
271.
EPA
estimates
an
average
hourly
Regional
labor
cost
of
$
61.10
for
legal
staff,
$
57.15
for
managerial
staff,
$
41.90
for
technical
staff,
and
$
16.83
for
clerical
staff.
To
derive
these
estimates,
EPA
used
the
General
Schedule
(
GS)
Salary
Table
2001
to
estimate
annual
compensation
of
Regional
managerial,
19
2
For
purposes
of
analysis,
the
exhibits
in
this
ICR
have
annualized
the
respondent
burden
and
its
associated
costs
over
three
years.
technical,
and
clerical
staff.
For
the
purposes
of
this
ICR,
EPA
assigned
Regional
staff
the
following
government
service
levels:

!
Legal
Staff
GS­
15,
Step
1
!
Managerial
staff
GS­
14,
Step
4
!
Technical
staff
GS­
12,
Step
5
!
Clerical
staff
GS­
05,
Step
1
To
derive
hourly
rates,
EPA
divided
annual
compensation
estimates
by
2,080,
which
is
the
number
of
hours
in
the
Federal
work­
year.
EPA
then
multiplied
hourly
rates
by
the
standard
government
overhead
factor
of
1.6.

6(
d)
BOTTOM
LINE
BURDEN
HOURS
AND
COSTS
Exhibits
5
and
7
present
the
aggregate
estimated
annual
burden
and
cost
to
respondents
and
EPA,
respectively.
The
bottom
line
burden
to
respondents
is
19,968
hours
per
year,
at
a
cost
of
approximately
$
1,097,072.
The
bottom
line
burden
to
the
Agency
is
7,308
hours
per
year,
with
a
cost
of
approximately
$
321,583.
The
estimated
labor
hours
and
associated
costs
resulting
from
information
requirements
are
consistent
with
information
obtained
from
State
and
EPA
personnel
contacts
who
have
worked
on
developing
or
reviewing
program
submissions
to
EPA.

6(
e)
Reasons
for
Change
in
Burden
The
reason
for
the
change
in
burden
is
due
primarily
to
documentary
and
process
improvements
that
will
take
effect
during
this
ICR
period.
The
model
documentation
for
revising
the
Attorney
General's
Statement
element
of
the
revision
package
has
been
significantly
restructured
to
reduce
the
time
and
effort
required
to
produce
and
review
this
document.
The
burden
savings
will
be
seen
both
at
the
State
and
Agency
levels.
In
addition,
there
is
expected
to
be
no
Base
Authorization
or
program
withdrawal
activity
during
the
period
of
this
collection
request.

6(
f)
BURDEN
STATEMENT
For
a
State
developing
and
revising
a
base
program
under
RCRA
and
conducting
public
participation
activities,
EPA
estimates
that
the
reporting
burden,
with
no
associated
recordkeeping
burden,
averages
0
hours
per
respondent.
EPA
does
not
expect
any
States
to
develop
a
program
application
or
to
submit
a
base
program
application
over
the
three
year
period
covered
in
this
ICR.
The
reporting
burden
includes
the
time
for
developing
each
program
component,
allowing
for
public
approval,
and
subsequently
modifying
and
submitting
the
program
to
EPA.
For
a
State
submitting
a
revised
program
to
EPA,
the
reporting
burden
is
estimated
to
be
1009
hours
per
year,
with
no
associated
recordkeeping
burden.
For
a
State
whose
program
is
being
withdrawn,
the
reporting
burden
is
estimated
to
average
207
hours,
with
no
associated
recordkeeping
burden.
EPA,
however,
does
not
expect
that
any
State
program
will
be
withdrawn
during
FY'
02­
04.2
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
20
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822T),
1200
Pennsylvania
Ave.,
NW,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
