







Abbreviated Version  RCRA STATUTORY CHECKLIST



Introduction



To obtain final authorization, a State must have the enabling authority
to establish a hazardous waste management program which meets the
requirements of 40 CFR Part 271, Subpart A.  In addition, as a result of
the Hazardous and Solid Waste Amendments of 1984, Pub, L. 98—618 (Nov.
 8, 1984) [HSWA] amending the Resource Conservation and Recovery Act, 42
U.S.C.  §6901 et. seq., all authorized States, and all States seeking
authorization, must revise their programs to reflect the HSWA.  Finally,
in accordance with 40 CFR Part 271, Subpart A, State statutes must
provide for, among other things, the right of inspection of regulated
facilities, civil and criminal remedies for violation of program
requirements, and availability of information to the public.  States may
need to provide additional information on statutes that may not be
directly associated with the hazardous waste program but have the
potential to indirectly impact implementation, administration, and/or
enforcement of the authorized program.



What is it used for?



The RCRA Statutory Checklist is provided to aid attorneys and others in
reviewing and documenting statutory provisions required for
authorization under Section 3006(b) of the Resource Conservation and
Recovery Act (RCRA), as amended.  States are advised to look broadly to
their legislative authorities in assessing their programs.  It is 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.  



The RCRA Statutory Checklist is intended for use as an evaluation tool,
and it provides valuable assistance to EPA reviewers if submitted as
part of the application for authorization of changes initiated by
Federal rulemaking, as well as State-initiated changes to the State’s
statutes. 



Under what circumstances do we recommend  use of the abbreviated
version?



We recommend use of this abbreviated version of the RCRA Statutory
Checklist in lieu of the full RCRA Statutory Checklist in situations
where State authority is broadly written such that use of the full RCRA
Statutory Checklist would be overly repetitive and unnecessary. 
Examples of situations where we do not recommend use of this abbreviated
checklist include instances where:



(1)	multiple State agencies share responsibility for regulation of
hazardous waste under different statutes,

(2)	statutory authorities were drafted and enacted with very specific
enumeration of agency powers and duties, and 

(3)	statutes contain specific limitations on agency powers that do not
have analogs in RCRA.



Anyone using the checklist should refer to Part 271 (and the regulations
in Parts 260-265, 266, 268, 270, 273, 279, and 124 to the extent they
are referenced in Part 271) for a full understanding of the regulations
for which a State must have enabling authority and for enforcement
authorities required for authorization.  In addition, the full version
of the RCRA Statutory Checklist contains guidance that may be useful. 
Users should look at all relevant statutes, not just the hazardous waste
statutes, when assessing the hazardous waste program.  For example,
State administrative procedures acts, self-audit laws, and confidential
business information protections would be relevant. 



The statutory checklist is intended for use as an evaluation tool and to
assist EPA to understand the State’s enabling authority, as well as
providing useful documentation for the State and EPA.  The statutory
checklist is not intended to identify State statutory provisions that
are authorized to operate in lieu of the federal program, nor does it
authorize the State statutory provisions listed in the checklist.  It
should not be referenced in a Federal Register notice authorizing a
State’s hazardous waste program; nor should it be referenced when the
State’s program is codified in 40 CFR part 272.

Abbreviated Version

RCRA STATUTORY CHECKLIST1





TABLE OF CONTENTS



Page



	I.
DEFINITIONS……………………………………………………
……………...	1



	II.	HAZARDOUS WASTE IDENTIFICATION AND LISTING  [See 40 CFR
§271.9]………………………………………………………
…………………...	1



	III.	STANDARDS FOR GENERATORS [See 40 CFR
§271.10]…………………...	2



	IV.	STANDARDS FOR TRANSPORTERS  [See 40 CFR
§271.11]……………….	2



	V.	STANDARDS FOR HW STORAGE, TREATMENT, AND DISPOSAL FACILITIES  [See
40 CFR 271.12]……………………………………………...	2



	VI.	LAND DISPOSAL RESTRICTIONS  [See 40 CFR 271.25]
…………………...	3



	VII.	PERMITS FOR HW STORAGE, TREATMENT AND DISPOSAL FACILITIES 

		[See 40 CFR 271.13 and
271.14]………………………………………………...	3



	VIII. 	PUBLIC PARTICIPATION [See 40 CFR
271.14]……………………………...	5



	IX.  	REQUIREMENTS FOR USED OIL MANAGEMENT [See 40 CFR 271.26]…	5



	X.  	INSPECTIONS  [See 40 CFR
271.15]…………………………………………...5



	XI.  	ENFORCEMENT REMEDIES (INCLUDING PUBLIC PARTICIPATION IN
ENFORCEMENT)  [See 40 CFR
271.16]……………………………………….	5



	XII. 	SHARING OF INFORMATION WITH EPA [See 40 CFR
271.17]……………	6



	XIII.  	EXPOSURE
ASSESSMENTS…………………………………………………...
6



	XIV.  	RADIOACTIVE MIXED
WASTE………………………………………………	6



	XV. 	AVAILABILITY OF INFORMATION [See 40 CFR
271.17]…………………..	7



	XVI.  	ADDITIONAL MISCELLANEOUS
AUTHORITIES………………………….	.7[STATE NAME] RCRA STATUTORY
CHECKLIST

(Abbreviated Version)



Page 2 of 9

[STATE NAME] RCRA STATUTORY CHECKLIST

(Abbreviated Version)



Page 1 of 9



Title(s) of Legislation: chapter 70.105 RCW  	Date Enacted: 2009

 	Hazardous Waste Management Act				

Title(s) of Legislation: RCW 70.105D.030(1)(d)  	Date Enacted: 2009

	 Hazardous Waste Cleanup Model Toxics Control Act	

Title(s) of Legislation: RCW 70.94.331(2)(c)                            
Date Enacted: 2009

            Washington Clean Air Act

Title(s) of Legislation: chapter 42.56 RCW                              
Date Enacted: 2009

             Public Records Act



 	 	_____________  	

Date Prepared: May 3, 2010  



Statutory ElementPart 271

ReferenceRCRA CiteState CiteI.     DefinitionsNote that 40 CFR Part 271
does not specifically address definitions of terms.   However, the
Federal program relies on various definitions for establishing the
applicability and scope of the hazardous waste regulations.  If
definitions of these terms appear in state statutes, they should be at
least as stringent as the analogous Federal statutory or regulatory
definition.   The State should have the authority to define the
following terms in a manner at least as stringent as the Federal
program:DisposalN/A§ 1004(3)RCWs: 

70.105.130

 70.105.145 70.105D.030(1)(d)GeneratorN/ANot in RCRA; see 40 CFR 260.10
defn."Hazardous waste2N/A§ 1004(5)"ManifestN/A§ 1004(12)"PersonN/A§
1004(15)"StorageN/A§ 1004(33)"TransportN/ANot in RCRA; see 40 CFR
260.10 defn. of “transportation”"TreatmentN/A§ 1004(34)"Treatment,
Storage or Disposal facilityN/ANot in RCRA; see 40 CFR 260.10 defn. of
“facility”"Waste (solid)N/A§ 1004(27)"Remarks of the Attorney
General/Independent Counsel:



II.     HAZARDOUS WASTE IDENTIFICATION AND LISTING [See 40 CFR
§271.9]1.Authority to adopt a set of characteristics for identifying
hazardous waste and a list of hazardous wastes that are no less
stringent than, and consistent with, the Federal program, and to control
all hazardous wastes controlled under 40 CFR part 261.271.9(a)§§
3001(a), (b), (d), (e), (i) and 3018(b)RCWs

70.105.130

70.105.145

70.105D.030(1)(d)2.Delisting (Optional): Authority to provide a
delisting mechanism with regulations that are equivalent to 40 CFR
260.20(b) and 260.22 and that meets the requirements of RCRA §
3001(f)(1) & (2)271.9(b)§ 3001(b) and (f)"Remarks of the Attorney
General/Independent Counsel:



III.	STANDARDS FOR GENERATORS [See 40 CFR §271.10]Authority to regulate
all generators EPA regulates under 40 CFR Part 262 and to adopt
requirements that are no less stringent than, and consistent with, the
Federal generator requirements.271.10§§ 3001, 3002, & 3017RCWs

70.105.130

70.105.145

70.105D.030(1)(d)Remarks of the Attorney General/Independent Counsel:



IV.     STANDARDS FOR TRANSPORTERS [See 40 CFR §271.11]Authority to
regulate all transporters EPA regulates under 40 CFR Part 263 and to
adopt requirements that are no less stringent than, and consistent with,
the Federal transporter requirements.	271.11§ 3001

§ 3003RCWs

70.105.130

70.105.145

70.105D.030(1)(d)Remarks of the Attorney General/Independent Counsel:



V.     STANDARDS FOR HW STORAGE, TREATMENT, AND DISPOSAL FACILITIES [See
40 CFR 271.12]1.Authority to regulate all owners and operators of
hazardous waste management facilities that EPA regulates under 40 CFR
Parts 264 and 266 and to adopt technical standards, requirements, and
prohibitions that are no less stringent than, and consistent with, the
Federal TSD facility requirements.271.12§ 3004RCWs

70.105.130

70.105.145

70.105D.030(1)(d)2.Authority to require corrective action in a manner
that is no less stringent than, and consistent with, the Federal
corrective action requirements.271.12§ 3004(u) and (v), and
3004(a)(6)"Remarks of the Attorney General/Independent Counsel:



VI.     LAND DISPOSAL RESTRICTIONS [See 40 CFR 271.25]Authority to enact
land disposal restrictions that are no less stringent than, and
consistent with, the Federal land disposal restrictions in 40 CFR Part
268.	271.25§ 3004(d)-(g), (j) and (m)RCWs

70.105.130

70.105.145

70.105D.030(1)(d)Remarks of the Attorney General/Independent Counsel:



VII.     PERMITS FOR HW STORAGE, TREATMENT AND DISPOSAL FACILITIES [See
40 CFR 271.13 and 271.14]1.Authority to require permits for owners and
operators of all TSD facilities in a manner that is no less stringent
than, and consistent with, the Federal permit program under 40 CFR Parts
270 and 124.271.13(a)	§ 3005(a)RCWs

70.105.130

70.105.145

70.105D.030(1)(d)2.Authority to require permit application information
(including exposure information) and to issue permits containing all
technical and administrative standards for facilities and any conditions
necessary to protect human health and environment271.13(a)

271.14	§ 3005(b)

§ 3005(c)(3)

§ 3005(g)

§ 3019(a)"3.Authority to provide for permit modification and
termination (revocation) in a manner that is no less stringent than, and
consistent with, the Federal program. 271.13(d) 271.14§ 3005(c)

§ 3005(d)"4.Interim Status:  Authority to authorize owners or operators
of TSD facilities to operate under interim status if the facility would
qualify for interim status under the Federal program.3271.13(a)§
3005(e)(1)"5.Interim Status: Authority to require  interim status to
terminate under conditions that are equivalent and consistent with the
Federal program.4271.13(a)	§ 3005(e)(2) and (3)"6.Interim Status:
Authority to require interim status facilities to comply with standards
at least as stringent as those in 40 CFR Part 265.271.13(a)	§
3005(e)(1)

§ 3005(h)

§ 3005(i) 

§ 3015"7.Interim Status: Authority to require interim status
impoundments to comply with the double liner, leachate collection and
ground-water monitoring requirements applicable to new units or stop
treating, receiving or storing hazardous wastes. (SR1)5271.13(a)§
3005(j)"8.(Optional): Authority to modify the double liner, leachate
collection and groundwater monitoring requirements for impoundments in
§ 3005(j)(1) if prior to October 1, 1984,  the owner/operator has
entered into a consent decree, order, agreement with EPA or an
authorized State which requires correction and provides protection of
health and environment at least equivalent to that in § 3005(j)(1).
(SR2)5271.13(a)	§ 3005(j)(2)-(9) and (j)(13)"Remarks of the Attorney
General/Independent Counsel:



VIII.     PUBLIC PARTICIPATION [See 40 CFR 271.14]Authority to adopt
public participation procedures for the permit process.	
271.14(v)-(aa)§ 7004(b) "Remarks of the Attorney General/Independent
Counsel:



IX.     REQUIREMENTS FOR USED OIL MANAGEMENT [See 40 CFR
271.26]Authority to promulgate regulations establishing special
generator and transporter standards, performance standards, and other
requirements as may be necessary to protect health and the environment
from hazards associated with recycled used oil, as specified in 40 CFR
Part 279.6271.26§ 3014(a), (c) and (d)6RCWs

70.105.130

70.105.145

70.105D.030(1)(d)Remarks of the Attorney General/Independent Counsel:



X.     INSPECTIONS [See 40 CFR 271.15]Authority to enter, inspect and
obtain samples (at all regulated premises and any location where records
are kept).271.15(c)§ 3007RCW 70.105.130

42 USC 6927Remarks of the Attorney General/Independent Counsel:



XI.     ENFORCEMENT REMEDIES (INCLUDING PUBLIC PARTICIPATION IN
ENFORCEMENT)7 [See 40 CFR 271.16]1.Authority to immediately restrain
unauthorized activity.271.16(a)(1)§ 300670.105.095

70.105.1202.Authority to sue to enjoin any threatened or continuing
program violation without prior revocation of permit.271.16(a)(2)§
300670.105.1203.Authority to obtain civil penalties for any violation
(maximum no less than $10K per day).271.16(a)(3)(i), (b), and (c)§
300670.105.0804.Authority to obtain criminal penalties for specified
maximum violations (no less than $10K per day and imprisonment with
maximum no less than 6 months); burden of proof no greater than under
Federal law 271.16(a)(3)(ii) and (b)§ 300670.105.080

70.105.0855.Authority to allow public intervention.271.16(d)	§ 7004
70.105.1456.Optional: Require that neither the State nor citizens may
bring action against common carriers for imminent hazards arising after
delivery of the shipment to the consignee, provided the carrier
exercised due care when handling the work.Not required	§ 7002(g)

§ 7003(a)Remarks of the Attorney General/Independent Counsel:



XII.     SHARING OF INFORMATION WITH EPA [See 40 CFR 271.17]Authority to
share all information with EPA271.17(a)§ 3007(b)Chapter 42.56
RCWRemarks of the Attorney General/Independent Counsel:



XIII.  EXPOSURE ASSESSMENTS

Authority to make exposure and health assessment information available
to the Agency for Toxic Substances and Disease Registry (See CERCLA §
104(i)) (SI)5Not in 40 CFR Part 271§ 3019(b)(1)Chapter 42.56 RCWRemarks
of the Attorney General/Independent Counsel:



XIV.     RADIOACTIVE MIXED WASTEAuthority to regulate hazardous waste
that is radioactive except to the extent that the waste is source,
special nuclear, or byproduct material as defined by the Atomic Energy
Act of 1954, as amended. (68 Stat. 923) (MW)5, 8 271.9(a)§ 1004(27)RCWs

70.105.130

70.105.145

70.105D.030(1)(d)Remarks of the Attorney General/Independent Counsel:



XV.     AVAILABILITY OF INFORMATION [See 40 CFR 271.17]

Authority to make information about treatment, storage, and disposal
facilities available to the public in substantially the same manner and
to the same degree as if EPA were running the program (AI)5271.17(c)§
3006(f)Chapter 42.56 RCWRemarks of the Attorney General/Independent
Counsel:



XVI.  ADDITIONAL MISCELLANEOUS AUTHORITIES1.Authority to grant variances
and exemptions that are no less stringent than allowed by Subtitle C of
RCRA.9Not requiredN/ARCWs

70.105.130

70.105.145

70.105D.030(1)(d)2.Importation ban.10Not requiredN/A"3.Siting.11Not
requiredN/A"4.Authority to adopt existing and/or future Federal
regulations by reference (current and prospective incorporation by
reference).12N/AN/A70.105.1305.Limitation on State authority to adopt
more stringent or broader in scope provisions.N/AN/ARemarks of the
Attorney General/Independent Counsel:





EXPLANATORY NOTES



 1.	The statutory checklist is intended for use as an evaluation tool
and to assist EPA to understand the State’s enabling authority, as
well as providing useful documentation for the State and EPA.  The
statutory checklist is not intended to identify State statutory
provisions that are authorized to operate in lieu of the federal
program, nor does it authorize the State statutory provisions listed in
the checklist.  It should not be referenced in a Federal Register notice
authorizing a State’s hazardous waste program; nor should it be
referenced when the State’s program is codified in 40 CFR part 272.



 2.	The State must have authority to regulate the recycling and reuse of
hazardous waste in a manner at least as stringent as the Federal
program.  



 3.	States are not required to provide interim status for TSD
facilities.  However, if a State chooses to provide for interim status,
then the State must have authority described in items 4 through 8 of
Section VII.



 4.	A State’s analog to interim status must terminate automatically in
these cases (whether the state’s analog is Part 265 type standards or
permits).  If a State statute or regulation would require any type of
hearing to terminate the facility’s operating authority, the State
must amend its authority to delete that requirement for these
provisions.  (Interim status as used here means the state’s analog to
Federal interim status.)



 5.	The following items are a part of the “Statutory (Non-Checklisted)
Provisions addressed in Appendix N of the hardcopy version of the State
Authorization Manual (SAM) -- Guidance for State Authorization Issues:

AI	-	Availability of Information

MW	-	Mixed Waste

SI	-	Sharing of Information

SR1	-	Surface Impoundment Requirement

SR2	-	Optional: Exemptions from the Surface Impoundment Requirements)



Also, see the Availability of Information Checklist for a specific
analysis of the manner and degree that EPA provides for availability of
information.



 6.	This used oil management authority originated at RCRA § 3012, but
was amended and redesignated as § 3014(a) by HSWA.



 7.	Note that RCRA contains enforcement provisions that differ from
those listed in 40 CFR 271.16.  Thus, the enforcement authority of an
authorized State program need not be equivalent to the RCRA enforcement
provisions.  Instead, a State’s authority should be adequate to meet
the requirements listed in 40 CFR 271.16 which were established pursuant
to RCRA §§ 3006 and 7004.  



 8.	EPA has determined that hazardous wastes are subject to RCRA if they
are mixed with source, special nuclear or byproduct material even though
source, special nuclear, or byproduct itself is not subject to RCRA. 
States will need to review their authority to ensure that only source,
special nuclear, or byproduct material is excluded from their hazardous
waste jurisdiction.



 9.	Various HSWA provisions amend RCRA to allow EPA to grant variances
and exemptions.  In addition to those variances specifically authorized
by statute, the HSWA allows EPA to develop regulations with variance
provisions or to make case-by-case variance decisions.  EPA strongly
recommend States obtain the above authority.  The State’s variance
procedures and decision criteria must be no less stringent than EPA’s.



 10.	May create problems for a State seeking authorization.  States with
this authority should ensure that its statutory and regulatory
provisions do not conflict with EPA’s requirements for imports/exports
and transportation.



 11.	May create problems for a State seeking authorization.  States with
this authority should ensure that its statutory and regulatory
provisions do not conflict with EPA’s requirements for permitting.



 12.	For prospective incorporation of the Federal regulations by
reference, the Attorney General or Independent Legal Counsel must cite
State authority that enables it both to promulgate and enforce
regulations in this manner.  States which incorporate by reference
prospectively, should provide a discussion on the constitutionality of
the procedure within the State.  Appropriate court case citations should
also be provided.

