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State Authorization under the Resource Conservation and Recovery Act (RCRA)

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About State Authorization

State authorization is a rulemaking process that EPA delegates the primary responsibility of implementing the RCRA hazardous waste program to individual states in lieu of EPA. This process ensures national consistency and minimum standards while providing flexibility to states in implementing rules.

Currently, 50 states and territories have been granted authority to implement the base, or initial, program. Many are also authorized to implement additional parts of the RCRA program that EPA has since promulgated, such as corrective action and the land disposal restrictions. State RCRA programs must be at least as stringent as the federal requirements, but states can adopt more stringent requirements as well.

The information below includes resources for state environmental agencies to develop application packages for EPA approval to implement hazardous waste regulations in their states, as well program modifications.

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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

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Checklists for State Authorization Under RCRA 

Rule Checklists

Revision checklists (also known as rule checklists) are documents based on specific federal rules published in the Federal Register that addresses changes made to the federal RCRA program beyond the base program. Revision checklists are presented and numbered in chronological order by date of promulgation. Revision checklists can be accessed from the program revision documents page.

Consolidated Checklists

Consolidated checklists can be used by states to track its own program as it corresponds to the federal code. It serves as a crosswalk between the state's entire authorized program and the federal regulations. Consolidated checklists are also helpful in tracking the history of the revisions to each specific provision of the federal regulations.

Special Consolidated Checklists

Special consolidated checklists are useful for a state that wants to adopt a major program area, such as the land disposal restrictions. It eliminates the need to submit several Revision Checklists. Each citation on a special consolidated checklist shows the revision checklists that have affected it.

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State Authorization Tracking System (StATS)

The State Authorization Tracking System (StATS) is an information management system designed to document the progress of each state and territory in establishing and maintaining RCRA-authorized hazardous waste management programs. StATS tracks the status of each state with regard to changes made to the federal hazardous waste regulations.

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