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Pacific Southwest, Region 9

Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations

Hazardous Waste & PCB Enforcement

Enforcement Oversight and State Authorization

At different levels, each of the four Region 9 states has received final authorization to carry out certain portions of RCRA, in lieu of the federal program. Each state environmental program is charged with the statutory duty of enforcing the laws of the State relating to hazardous waste management in that state. Although EPA has granted these States authority to enforce their own hazardous waste program, EPA retains jurisdiction and authority to initiate an independent enforcement action, pursuant to Section 3008(a) of RCRA. The authority by EPA is established in a Memorandum of Agreement (MOA) between EPA and the various state programs.

EPA and each state enter into a grant work agreement which specifies the State's program and performance goals while implementing the state hazardous waste program instead of the federal program. EPA is required to review the States' performance toward completing the goals agreed to in the State grant work agreement. EPA must determine if the State has met its commitments for performing inspections and record reviews, and whether the State has been successful in bringing the regulated community into compliance. Further, EPA must also determine whether the enforcement actions taken by the state have been timely and appropriate.

State, Islands, and Tribal Enforcement Programs

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