State or Federal Regulations:
Which do I use?
This page will help you determine which States have NRC Agreement and/or EPA Authorized State status.
EPA Authorized States
In general, facilities that manage mixed waste are subject to the
RCRA Subtitle C (Hazardous Waste) requirements for hazardous waste in 40 CFR part 124 and parts 260-270 implemented by EPA, or to comparable regulations implemented by States or Territories that are authorized to implement RCRA mixed waste authority. The RCRA Subtitle C program was primarily developed for implementation by the States, and oversight by EPA. More information can be found on RCRA State Authorization.
Facilities in RCRA authorized States (whether the State has mixed waste authority or not) should contact their respective State Agency to ascertain what State regulations may apply to mixed waste. In addition, facilities in RCRA authorized States should be aware that EPA Regions may
share responsibility for implementing the RCRA program with the States, particularly with respect to certain requirements promulgated under the Hazardous and Solid Waste Amendments of 1984
(e.g., corrective action and land disposal restriction requirements), for which the State may not yet be authorized to implement.
Please choose from the following menu to find out who regulates mixed waste in your State.
NRC Agreement States
Twenty-nine States have signed agreements with NRC enabling the various Agreement States to regulate source, byproduct, and small quantities of special nuclear material within their
boundaries. Most facilities located in Agreement States are subject to regulatory requirements for radioactive material under State law. This applies to all source, special nuclear, and byproduct material except that from nuclear utilities and fuel cycle facilities, which are subject to NRC's requirements and DOE facilitites, which are subject to DOE Orders. While States are required to adopt programs that are comparable with the NRC program, States may have requirements that
are more stringent, or are in addition to those from the Federal program. Facility managers should see our list of NRC Agreement States and use our Agency Contact List to determine the scope of the program that has been relinquished by NRC to the State.
States which are licensed by NRC and/or authorized by EPA must have regulations that are as stringent as Federal standards.
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Last Updated: February 6, 1998.