EPA authorized states

The EPA delegates authorities to states in two areas of RAW management. NESHAPs regulations are based on the requirements of the Clean Air Act, and the authority for delegating compliance responsibility to the individual states is described by law. A state must have emission limits at least as stringent as the federal EPA national standards, although most states have not asked for delegation responsibility of radionuclide NESHAPs. The EPA has a similar process for delegating RCRA hazardous waste requirements to states. The state must have a program at least as stringent as the federal program, and the application for authorization must address specific areas of compatibility. For example, the State of New Mexico is authorized by the

EPA to carry out the base RCRA and mixed waste programs in lieu of equivalent federal programs. The New Mexico Environment Department reviews permit applications for treatment, storage, and disposal facilities for hazardous waste under Subtitle C of RCRA. The WIPP Hazardous Waste Facility Permit is renewed every ten years.

States authorized by the EPA play a significant role in regulation and independent oversight of DOE facilities. Most of the DOE ’s cleanup is performed under the Comprehensive Environmental Response, Compen­sation, and Liability Act (CERCLA) through Federal Facility Agreements and under RCRA through various consent and compliance orders. These enforceable regulatory agreements and orders with federal and state agen­cies establish the scope of work to be performed at a given site and the dates by which specific cleanup milestones must be achieved. Failure to comply with these agreements and orders is subject to fines and penalties.

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