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Region 3: RCRA State Programs Branch

Delaware RCRA Authorization Records

Current Delaware Documents
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The following represent the current versions of key documents that were submitted by the State to support its most recent program revision application.

EPA Region 3 Contact for Delaware
Stacie Pratt
phone: 215-814-5173
e-mail: pratt.stacie@epa.gov

You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

DELAWARE AUTHORIZATION RECORDS
(SUMMARY OF KEY RULES INCLUDED IN PROGRAM REVISION APPLICATIONS)

The EPA RCRA State Authorization Website provides a detailed list of Authorization Activity for Delaware (PDF) (20 pgs, 80k)

BASE PROGRAM
06/08/84 FR Notice
(49 FR 23837)
(PDF)
(2 pgs, 329K)

The initial final authorization for Delaware includes the State's authorization for the Federal program as in effect July 26, 1982. The Delaware Base Program includes:
identification and listing, hazardous waste lists, characteristics of hazardous waste, generator requirements, transporter requirements, facility requirements, interim status requirements and permitting requirements.

PROGRAM REVISION 1
(AI, MW, SR1, BB, CP, SI, Revision Checklists 1 5, 7, 9 17K, 17M 33, 35 41, 43, 45-61, 74, 81, 84)

08/08/96 FR Notice
(61 FR 41345)
(PDF)
(8 pgs, 592K)

The program revision includes the requirements addressing state availability of information (AI), radioactive mixed waste (MW), exceptions to the burning and blending of hazardous waste (BB), hazardous and used oil criminal penalties (CP), sharing of information with ATSDR (SI), as well as most of the federal rules published from 1983 through February 13, 1991, including:
biennial report, amendments to permitting requirements, amendments to interim status requirements, amendments to identification and listing, national uniform manifest, household waste, corrections to test methods manual, satellite accumulation, definition of solid waste, HSWA codification rule, small quantity generators, delisting, waste minimization, location standards, liquids in landfill, dust suppression, double liners, groundwater monitoring, cement kilns, fuel labeling, pre-construction ban, permit life, omnibus provision, research and development permits, hazardous waste exports, exposure information, closure/post-closure financial responsibility, liability coverage, hazardous waste storage and tank systems, miscellaneous units, farmer exemptions, treatability studies sample exemption, amendment to the Bevill exclusion, mining waste exclusion, permit modifications, toxicity characteristics (TC).

PROGRAM REVISION 2
(Revision Checklists 34, 39, 50, 62, 63, 65-73, 75, 76, 78, 79, 82, 83, 85-87, 90, 92, 94-99, 102-120, 122-125, 127, 129, 130, 137)

08/18/98 FR Notice
(63 FR 44152)
(PDF)
(9 pgs, 59K)

The program revision addresses selected federal rules published from November 1986 through January 3, 1995, including:
land disposal restrictions (LDR), mining exclusion, testing and monitoring, reportable quantities, organic air emission standards for process vents and equipment leaks, wood preserving listings, burning of hazardous waste in boilers and industrial furnaces (BIF), technical correction to exports of hazardous waste, amendments to interim status requirements, toxicity characteristics revision, hazardous debris, recycled used oil management standards, financial liability requirements, liquids in landfill.

PROGRAM REVISION 3
(SR1, 17L, 42, 44A-44G, 77, 100, 121, 126, 128, 131-136, 139, 142A-E, 144, 145, 148, 150-151, 154-163, 166, 167A-F, 169, 171-174, 177)

07/12/00 FR Notice
(65 FR 42871)
(PDF)
(9 pgs, 150K)

The program revision includes the requirements for existing and newly regulated surface impoundments (SR1), and selected federal rules published through October 22, 1998 and on January 21, 1999, including:
corrective action, exception reporting for small quantity generators, HSWA codification rule (corrective action, permit modifications, permit as a shield, permit conditions to protect human health and environment, post-closure permits), amendments to permit requirements, double liners, liners and leak detection, corrective action management unit (CAMU), testing and monitoring, treatability studies, recordkeeping instructions, financial assurance letter of credit, recyclable materials used in a manner constituting disposal, reportable quantities, universal waste rule, removal of legally obsolete rules, liquids in landfill, RCRA expanded public participation, amendments to definition of solid waste, land disposal restrictions Phase III, organic air emission standards for tanks, surface impoundments and containers, military munitions rule, land disposal restrictions Phase IV, recycled used oil management standard technical correction, mineral processing exclusion, Bevill exclusion revisions, wood preserving wastewaters, hazardous waste combustors.

Note that the authorization Federal Register notice for this Program Revision also lists Revision Checklist 152 (Imports and Exports of Hazardous Waste: Implementation of ORCD Council Decision); however, import and export notification functions are not delegable to states.

PROGRAM REVISION 4
(Revision Checklists 175, 176, 178-181, 183-185, 187)

08/08/02 Final FR Notice
(67 FR 51478)
(PDF) (3 pgs, 42K)

02/27/02 Initial FR Notice
(67 FR 8900)
(PDF)
(3 pgs, 46K)

04/25/02 Withdrawal Notice
(67 FR 20446)
(PDF)
(1 pgs, 34K)

The program revision addressed federal rules published through June 8, 2000, including:
HWIR media, universal waste rule technical amendment, petroleum refining process wastes, land disposal restrictions Phase IV technical corrections, oil and grease and non-polar material, universal waste lamp rule, wastewater treatment sludges from metal finishing industry, organobromine production waste.

Note that EPA initially published the Program Revision 4 authorization Federal Register notice on February 27, 2002; however, the final rule was withdrawn on April 25, 2002 because of adverse comments. On August 8, 2002, EPA responded to the comments and published a final determination granting Delaware final authorization of its program revisions.

PROGRAM REVISION 5
(Revision Checklists 189, 193,195)

03/04/04 FR Notice
(69 FR 10171)
(PDF)
(4 pgs, 51 K)

The program revision addresses selected federal rules published in 2001 through April 9, 2002, including:
chlorinated aliphatics production wastes, land disposal restrictions for newly identified wastes, change of EPA mailing address, inorganic chemical manufacturing wastes.

PROGRAM REVISION 6
(Revision Checklists 191, 192A-B, 194, 196, 199-201)

10/07/04 FR Notice
(69 FR 60091)
(PDF)
(4 pgs, 70K)

The program revision addresses selected federal final rules published in 2001 through November 21, 2002, including:
storage, treatment, transportation and disposal of mixed waste, corrections to HWIR media rule, mixture and derived-from rules revisions, land disposal restrictions correction, CAMU amendments, vacatur of mineral processing spent materials, TCLP use with MGP waste, zinc fertilizers, treatment variance for radioactively contaminated batteries.

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