B-226922, MAY 21, 1987

B-226922, MAY 21, 1987

MISCELLANEOUS TOPICS - ENVIONMENT/ENERGY/NATURAL RESOURCES - HAZARDOUS SUBSTANCES - WASTE SITES - INVENTORIES - STATE/LOCAL GOVERNMENTS DIGEST: 1. SECTION 3012 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), AS AMENDED, 42 U.S.C. 6901 ET SEQ. (1982), LEAVES UNANSWERED THE QUESTION OF WHEN THE APPROPRIATE TIME ARISES FOR STATE SUBMISSION OF WASTE SITE INVENTORIES. ANY REASONABLE INTERPRETATION BY THE STATE OF THE SECTION'S EXHORTATION TO ACT "EXPEDITIOUSLY AS PRACTICABLE" WOULD BE ACCEPTABLE. 2. SECTION 3012 OF RCRA, AS AMENDED, IS SILENT REGARDING THE FREQUENCY OF INVENTORY UPDATES REQUIRED TO BE SUBMITTED BY STATES. THE STATES ADMINISTERING INVENTORY PROGRAMS HAVE DISCRETION REGARDING THE TIMING OF COMPILING AND SUBMITTING INITIAL WASTE SITE INVENTORIES AND UPDATES UNDER SECTION 3012. 3. ACTIVE WASTE SITE SEARCH TECHNIQUES MENTIONED IN SECTION 3012 ARE ELECTIVE-- NOT REQUIRED-- ON THE PART OF THE ADMINISTRATOR OF THE STATE INVENTORY PROGRAM. PROGRAM ADMINISTRATORS WOULD HAVE BROAD DISCRETION IN THEIR CHOICE OF METHODS NOT SPECIFICALLY MENTIONED IN SECTION 3012. MISCELLANEOUS TOPICS - ENVIRONMENT/ENERGY/NATURAL RESOURCES - HAZARDOUS SUBSTANCES - ENVIRONMENTAL PROTECTION - STANDARDS - ENFORCEMENT 4A. EPA IS AUTHORIZED UNDER SECTION 2002 OF RCRA, AS AMENDED, TO ESTABLISH "MINIMALLY ACCEPTABLE PROCEDURES" FOR STATES CONDUCTING INVENTORY PROGRAMS PURSUANT TO SECTION 3012. 4B. EPA MUST ASSUME RESPONSIBILITY FOR STATE INVENTORY PROGRAMS FOUND NOT TO BE IN COMPLIANCE WITH SECTION 3012 OR REGULATIONS IMPLEMENTING THE PROVISION. EPA IS AUTHORIZED TO ISSUE A COMPLIANCE ORDER OR SUE FOR APPROPRIATE RELIEF IF STATE PROGRAMS DO NOT COMPLY WITH SECTION 3012 AND APPLICABLE REGULATIONS. CIVIL PENALTIES MAY ALSO BE SOUGHT AGAINST STATES WHICH DO NOT TAKE ACTION CONSISTENT WITH THE COMPLIANCE ORDER. 42 U.S.C. 6928 (A). UNLESS THE COMPREHENSIVE ENVIORNMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), AS AMENDED, 42 U.S.C. 9601 ET SEQ. (1982), APPROPRIATIONS SPECIFICALLY CONDITIONED ALLOCATION OF FUNDS UPON COMPLIANCE WITH SECTION 3012, EPA WOULD NOT BE AUTHORIZED TO DENY STATES THEIR DISTRIBUTIONS UNDER CERCLA DUE TO NONCOMPLIANCE WITH SECTION 3012. 5. SECTION 3012(B) DOES NOT SPECIFY THE METHOD BY WHICH EPA MIGHT DISCOVER WHETHER INDIVIDUAL STATE PROGRAMS ARE ADEQUATE.

GROUP DIRECTOR, RCED - LAWRENCE J. DYCKMAN:

STATE AND ENVIRONMENTAL PROTECTION AGENCY RESPONSIBILITIES TO LOCATE POTENTIAL HAZARDOUS WASTE SITE (CODE 089353, B-226922).

IN AN APRIL 6, 1987 MEMORANDUM YOU POSED EIGHT QUESTIONS RELATED TO THE RESPONSIBILITIES OF STATES AND THE ENVIRONMENTAL PROTECTION AGENCY (EPA OR THE AGENCY) TO LOCATE POTENTIAL HAZARDOUS WASTE SITES UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), AS AMENDED, 42 U.S.C. SEC. 6901 ET SEQ. (1982), AND THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), AS AMENDED, 42 U.S.C. SEC. 9601 ET SEQ. (1982). ANSWERS TO THE FIRST FIVE QUESTIONS, WHICH RELATE PRIMARILY TO RCRA REQUIREMENTS, ARE PROVIDED IN THIS MEMORANDUM. RESPONSES TO THE REMAINING THREE QUESTIONS WILL FOLLOW SHORTLY.

1. WHEN SHOULD STATE REPORTING OF WASTE SITES TO THE EPA UNDER SECTION 3012 OF RCRA, AS AMENDED, 42 U.S.C. SEC. 6933 (1982), TAKE PLACE? WHAT CIRCUMSTANCES WOULD TRIGGER THE REPORTING REQUIREMENT?

SECTION 3012 OF RCRA, AS AMENDED, REQUIRES EACH STATE TO "... AS EXPEDITIOUSLY AS PRACTICABLE, UNDERTAKE A CONTINUING PROGRAM TO *** SUBMIT TO THE ADMINISTRATOR OR EPA AN INVENTORY DESCRIBING THE LOCATION OF EACH SITE WITHIN SUCH STATE AT WHICH HAZARDOUS WASTE HAS AT ANY TIME BEEN STORED OR DISPOSED OF." 42 U.S.C. SEC. 6933(A) (1982).

THE PROVISION FURTHER ESTABLISHES FIVE CATEGORIES OF WASTE SITE INFORMATION TO BE INCLUDED IN THE INVENTORY, AND PROVIDES STATES WITH AUTHORITY TO INVESTIGATE SITES AND TO COMPEL PRIVATE PARTIES TO SUBMIT THE NECESSARY INFORMATION TO THE STATES.

UNDER WELL-ESTABLISHED PRINCIPLES OF ADMINISTRATIVE LAW, THE AGENCY RESPONSIBLE FOR ADMINISTERING A LAW HAS DISCRETION TO DECIDE HOW IT SHOULD BE CARRIED OUT, TO THE EXTENT THE CONGRESS HAS NOT SPECIFIED. CHEVRON, U.S.C. V. NATURAL RESOURCES DEFENSE COUNCIL, 467 U.S. 837 (1984), REH'G. DEN 468 U.S. 1227 (1984). THIS DISCRETION MUST OBVIOUSLY BE EXERCISED IN A WAY CONSISTENT WITH THE LAW, BUT IT IS OTHERWISE VERY BROAD.

ALTHOUGH SECTION 3012 APPEARS TO CREATE IN THE ABSTRACT A DUTY "TO ... SUBMIT TO THE ADMINISTRATOR AN INVENTORY," THE TIMING OF THE SUBMISSION IS NOT SPECIFIED. INSTEAD, THE STATUTE EXHORTS THE STATE TO UNDERTAKE AS EXPEDITIOUSLY AS POSSIBLE A CONTINUING PROGRAM TO SUBMIT AN INVENTORY, BUT LEAVES THE PRECISE DEFINITION OF SUCH TIMEFRAME, I.E., TO UNDERTAKE A PROGRAM, UP TO THE ADMINISTRATOR. NOR AS DISCUSSED BELOW, DOES SECTION 3012 REQUIRE SUBMISSION OF AN INVENTORY UPON THE COMPLETION, IN PART OR IN WHOLE, OF COLLECTION OF THE FIVE CATEGORIES OF WASTE SITE INFORMATION. THUS, THE SECTION LEAVES UNANSWERED THE QUESTION OF WHEN THE APPROPRIATE TIME ARISES FOR SUBMISSION OF INVENTORIES. EPA THEREFORE HAS BROAD DISCRETION TO PRESCRIBE, IF IT CHOOSES, A REGULATION ESTABLISHING WHEN AND UNDER WHAT CIRCUMSTANCES REPORTING SHOULD TAKE PLACE.

HOWEVER, TO DATE, EPA HAS NOT ISSUED REGULATIONS IMPLEMENTING SECTION 3012. /1/ THEREFORE, UNTIL EPA ACTS, INTERPRETATION OF THE PROVISION MUST BE BASED SOLELY UPON EXAMINATION OF THE LANGUAGE CONTAINED IN THE SECTION.

THE ONLY LANGUAGE IN SECTION 3012 RELATING TO THE TIMING OF THE STATE REPORTS IS THAT STATES ARE TO ACT "AS EXPEDITIOUSLY AS PRACTICABLE." URGING EACH STATE TO "AS EXPEDITIOUSLY AS PRACTICABLE, UNDERTAKE A CONTINUING PROGRAM," SECTION 3012 AVOIDS ESTABLISHING FIRM DEADLINES FOR ESTABLISHMENT OF STATE PROGRAMS OR FOR SUBMISSION OF THE RESULTING REPORTS.

THE GENERAL FRAMEWORK OF THE PROVISION SUGGESTS THAT COMPILATION OF DATA REQUIRED TO BE CONTAINED IN THE INVENTORY UNDER PARTS (1)-(5) OF SECTION 3012(A) MUST PRECEDE SUBMISSION OF THE INVENTORY TO THE EPA. HOWEVER, THE SECTION DOES NOT COMPEL IMMEDIATE STATE SUBMISSION OF INVENTORIES TO THE EPA ONCE THE FIVE CLASSES OF DATA ARE OBTAINED. ON THE OTHER HAND, IT ALSO DOES NOT DIRECTLY PROHIBIT STATES FROM SUBMITTING PARTIALLY-COMPLETED DATA TO EPA.

THUS, UNDER SECTION 3012, UNTIL EPA ACTS, STATES ADMINISTERING THE INVENTORY PROGRAMS HAVE DISCRETION TO DETERMINE EXACTLY WHEN, AND AFTER THE PERFORMANCE OF WHICH DUTIES UNDER THE SECTION, TO SUBMIT INVENTORIES TO EPA. THIS DISCRETION IS CIRCUMSCRIBED GENERALLY BY THE LANGUAGE OF SECTION 3012 ADVISING THE UNDERTAKING OF A PROGRAM FOR SUBMISSION OF INVENTORIES TO TAKE PLACE "AS EXPEDITIOUSLY AS PRACTICABLE." ANY REASONABLE INTERPRETATION WOULD BE DIFFICULT FOR EPA OR ANYONE ELSE TO CHALLENGE, IN THE ABSENCE OF CONTRARY GUIDANCE OR REGULATION FROM EPA.

2. HOW FREQUENTLY SHOULD STATES COMPILE AND SUBMIT INVENTORIES TO EPA UNDER SECTION 3012?

THE ANSWER TO THIS IS MUCH THE SAME AS THAT TO QUESTION 1: IN THE ABSENCE OF A SPECIFIC REQUIREMENT IN THE STATUTE OR EPA GUIDANCE, ANY REASONABLE INTERPRETATION BY A STATE WOULD BE ACCEPTABLE.

SECTION 3012 REQUIRES EACH STATE TO "*** UNDERTAKE A CONTINUING PROGRAM TO COMPILE, PUBLISH, AND SUBMIT TO THE ADMINISTRATOR AN INVENTORY ***" OF HAZARDOUS WASTE SITES WITHIN THE STATE. 42 U.S.C. SEC. 6933(A) (1982).

THE ANSWER TO QUESTION NUMBER ONE, ABOVE, ESTABLISHED THAT SECTION 3012 SETS NO DEADLINES FOR THE COMPILATION AND SUBMISSION OF STATE INVENTORIES. INDEED, AT LEAST UNTIL EPA PROMULGATES SPECIFIC GUIDANCE, EACH STATE, ALONG WITH EPA IN ITS OVERSIGHT CAPACITY, HAS DISCRETION UNDER THE SECTION TO DECIDE WHEN TO SUBMIT ITS INVENTORY TO THE EPA, KEEPING IN MIND THE PROVISION'S EXHORTATION THAT THE STATE ACT "AS EXPEDITIOUSLY AS PRACTICABLE."

BECAUSE SECTION 3012 REQUIRES EACH STATE TO UNDERTAKE A "CONTINUING" HAZARDOUS WASTE SITE INVENTORY PROGRAM, STATES ARE PRESUMABLY OBLIGATED TO PREPARE AND SUBMIT UPDATED INVENTORIES TO EPA AFTER INITIAL INVENTORIES HAVE BEEN SUBMITTED. /2/ IT SEEMS REASONABLE CLEAR THAT THE CONGRESS DID NOT CONTEMPLATE A ONE-TIME INVENTORY, NEVER TO BE CORRECTLY UPDATED. HOWEVER, SECTION 3012 IS SILENT REGARDING THE FREQUENCY OF INVENTORY UPDATES REQUIRED TO BE SUBMITTED BY STATES, AND THE GENERAL SCHEME OF SECTION 3012 DOES NOT SUGGEST ANY PERIODIC REPORTING SCHEDULE BY WHICH A STATE SHOULD ABIDE. BECAUSE EPA HAS NOT ESTABLISHED REGULATIONS IMPLEMENTING SECTION 3012, THE LANGUAGE CONTAINED IN THE PROVISION IS THE SOLE SOURCE OF GUIDANCE IN THE MATTER.

BECAUSE OF THE SECTION'S SILENCE AS TO SPECIFICS, THE STATES ADMINISTERING INVENTORY PROGRAMS, AND EPA IN ITS OVERSIGHT CAPACITY, HAVE DISCRETION REGARDING THE TIMING OF COMPILING AND SUBMITTING INITIAL WASTE SITE INVENTORIES AND UPDATES UNDER SECTION 3012. HOWEVER, WE ARE NOT PRECLUDED FROM LOOKING AT STATE SCHEDULES AND CONCLUDING AS A FACTUAL MATTER THAT, FOR EXAMPLE, INVENTORIES COULD PRACTICABLY BE PREPARED MORE EXPEDITIOUSLY THAN THE SCHEDULES ALLOW, OR THAT MORE FREQUENT UPDATES WOULD BE USEFUL.

3. ARE STATES RESPONSIBLE FOR SEARCHING FOR NEW SITES OR CAN THEY USE OTHER LESS ACTIVE PROCEDURES?

SECTION 3012 REQUIRES STATES TO IDENTIFY IN THEIR INVENTORIES "EACH SITE WITHIN SUCH STATE AT WHICH HAZARDOUS WASTE HAS AT ANY TIME BEEN STORED OR DISPOSED OF." TO ACHIEVE THIS COMPREHENSIVE IDENTIFICATION OF SITES, THE PROVISION REQUIRE EPA TO PROVIDE ANY PERTINENT FEDERALLY HELD INFORMATION OBTAINABLE BY THE AGENCY. THE SECTION ALSO PROVIDES THAT STATES MAY EXERCISE ENTRY AND INSPECTION AUTHORITY GRANTED UNDER SECTION 3007, AND THAT STATES "MAY BY ORDER REQUIRE ANY PERSON TO SUBMIT SUCH INFORMATION AS MAY BE NECESSARY" TO COMPILE THE INVENTORY. 42 U.S.C. SEC. 6933(A) (1982). (THESE AUTHORITIES OF COURSE ARE GENERALLY USEFUL ONLY AFTER THE STATE HAS SOME INFORMATION ABOUT THE EXISTENCE OF A SITE AND THEREFORE KNOWS WHERE TO INSPECT OR WHO TO QUESTION. FINDING OUT ABOUT AN UNKNOWN SITE WOULD REQUIRE OTHER TECHNIQUES.)

BECAUSE THE WORD "MAY" AND NOT "SHALL" APPEARS IN THE ABOVE REFERENCES, SECTION 3012 DOES NOT REQUIRE STATES TO EXERCISE THE ENTRY AND INSPECTION AUTHORITY PROVIDED THEREIN, NOR DOES IT MANDATE THAT STATES ORDER PERSONS TO SUBMIT THE NECESSARY WASTE SITE INFORMATION TO THE STATES. SINGER, NORMAN J., SUTHERLAND STAT. CONST. SEC. 57.03 (4TH ED. 1984). SUCH ACTIONS TO COLLECT INFORMATION ARE ELECTIVE-- NOT REQUIRED-- ON THE PART OF THE ADMINISTRATOR OF THE STATE INVENTORY PROGRAM. THEREFORE, THOSE ACTIVE SEARCH TECHNIQUES SPECIFICALLY MENTIONED IN SECTION 3012 ARE NOT MANDATORY.

PROGRAM ADMINISTRATORS WOULD HAVE BROAD DISCRETION IN THEIR CHOICE OF METHODS NOT SPECIFICALLY MENTIONED IN SECTION 3012 FOR GATHERING INFORMATION FOR COMPLETION OF THEIR INVENTORY. GENERALLY, HOWEVER, METHODS CHOSEN SHOULD HAVE SOME DEMONSTRABLE PROBABILITY OF IDENTIFYING SITES.

4. (A) DOES EPA HAVE THE LEGAL RIGHT TO ESTABLISH MINIMALLY ACCEPTABLE PROCEDURES FOR STATES TO CARRY OUT REGARDING SITE IDENTIFICATION UNDER SECTION 3012?

UNDER SECTION 3012(B), 42 U.S.C. SEC. 6933(B), IF THE EPA "DETERMINES THAT ANY STATE INVENTORY PROGRAM *** IS NOT ADEQUATELY PROVIDING INFORMATION RESPECTING THE SITES," THE AGENCY MUST NOTIFY THE STATE OF ITS DEFICIENT PERFORMANCE. IF THE STATE PROGRAM IS NOT "REVISED OR AMENDED IN SUCH MANNER AS WILL ADEQUATELY PROVIDE SUCH INFORMATION," WITHIN 90 DAYS OF SUCH NOTICE, THE EPA MUST "CARRY OUT THE INVENTORY PROGRAM" IN THAT STATE. 42 U.S.C. SEC. 6933(B).

SECTION 2002 OF RCRA, AS AMENDED, 42 U.S.C. SEC. 6912(A) (1982), AUTHORIZES THE ADMINISTRATOR OF EPA TO PROMULGATE REGULATIONS TO CARRY OUT THE ACT. THE PROVISION GRANTS THE ADMINISTRATOR AUTHORITY TO "(1) PRESCRIBE, IN CONSULTATION WITH FEDERAL, STATE, AND REGIONAL AUTHORITIES, SUCH REGULATIONS AS ARE NECESSARY TO CARRY OUT HIS FUNCTIONS UNDER" RCRA. 42 U.S.C. SEC. 6912(A)(1).

FOR EPA TO FULFILL ITS MANDATE UNDER SECTION 3012(B) TO ASSUME RESPONSIBILITY FOR THE ADMINISTRATION OF STATE PROGRAMS WHICH ARE "NOT ADEQUATELY PROVIDING INFORMATION RESPECTING SITES," THE AGENCY MUST MAKE A DETERMINATION WHETHER STATES ARE "ADEQUATELY" PROVIDING SUCH INFORMATION. TO SUPPORT SUCH DETERMINATION, EPA SHOULD BE ABLE TO CITE CRITERIA AGAINST WHICH IT MEASURES THE ADEQUACY OF STATE PERFORMANCE. THESE CRITERIA COULD INCLUDE "MINIMALLY ACCEPTABLE PROCEDURES" FOR CONDUCTING STATE INVENTORY PROGRAMS.

4 (B) CAN EPA CUT OFF SUPERFUND MONIES TO STATES WHICH DO NOT MEET THESE PROCEDURES? WHAT OTHER PENALTIES OR METHODS EXIST TO GET STATES TO COMPLY WITH SUCH REQUIREMENTS?

IF EPA FOUND STATES OUT OF COMPLIANCE WITH "MINIMALLY ACCEPTABLE PROCEDURES" ESTABLISHED UNDER SECTION 3012, THE AGENCY WOULD BE REQUIRED TO GIVE SUCH STATES NOTICE OF THEIR NONCOMPLIANCE UNDER SECTION 3012 (B). IF THE STATES DID NOT COMPLY WITH THE STANDARDS WITHIN 90 DAYS OF SUCH NOTICE, THE EPA WOULD BE OBLIGATED BY SECTION 3012(B) TO ASSUME RESPONSIBILITY FOR SUCH STATES' INVENTORY PROGRAMS. IN THIS EVENT, STATE NON-COMPLIANCE WITH SECTION 3012 (AND ANY IMPLEMENTING REGULATIONS PROMULGATED IN THE FUTURE) ALSO WOULD LEAD TO DENIAL OF GRANTS TO STATES UNDER SECTION 3012(C), /3/ AT LEAST UNTIL THE STATE COULD DEMONSTRATE TO EPA'S SATISFACTION A WILLINGNESS TO CARRY OUT THE INVENTORY PROGRAM.

IN ADDITION, EPA, WHEN IT FINDS A STATE NOT TO BE IN COMPLIANCE WITH REQUIREMENTS OF SECTION 3012, CAN ISSUE A COMPLIANCE ORDER OR SUE FOR APPROPRIATE RELIEF, SUCH AS AN INJUNCTION. IF THE VIOLATOR DOES NOT TAKE ACTION CONSISTENT WITH THE COMPLIANCE ORDER, THE AGENCY CAN SEEK CIVIL PENALTIES. 42 U.S.C. SEC. 6928(A).

UNLESS THE CERCLA APPROPRIATIONS SPECIFICALLY CONDITIONED ALLOCATION OF FUNDS UPON COMPLIANCE WITH SECTION 3012, EPA WOULD NOT BE AUTHORIZED TO DENY STATES THEIR DISTRIBUTIONS UNDER CERCLA DUE TO NONCOMPLIANCE WITH SECTION 3012.

5. DOES SECTION 3012 OF RCRA, AS AMENDED, REQUIRE EPA TO MAKE A STATE-BY- STATE DETERMINATION OF THE ADEQUACY OF STATES CARRYING OUT THE INVENTORY PROGRAMS OR IS SUCH A DETERMINATION SOMETHING THEY MERELY MAY DO?

SECTION 3012(B) STATES THAT IF "THE ADMINISTRATOR OF EPA DETERMINES THAT ANY STATE WASTE SITE INVENTORY PROGRAM *** IS NOT ADEQUATELY PROVIDING INFORMATION RESPECTING THE SITES IN SUCH STATE ***," AND IF THE STATE HAS NOT SUFFICIENTLY REVISED ITS PROGRAM IN 90 DAYS, "THE ADMINISTRATOR SHALL CARRY OUT THE INVENTORY PROGRAM IN SUCH STATE." 42 U.S.C. SEC. 6933(B).

THUS, THE AGENCY IS OBLIGATED TO FOCUS ON INDIVIDUAL STATE PROGRAMS WHEN MAKING ITS DETERMINATION OF ADEQUACY PURSUANT TO SECTION 3012(B). HOWEVER, SECTION 3012(B) DOES NOT SPECIFY THE METHOD BY WHICH EPA MIGHT DISCOVER WHETHER INDIVIDUAL STATE PROGRAMS ARE ADEQUATE. FOR INSTANCE, THE PROVISION DOES NOT SPECIFICALLY REQUIRE EPA TO CONDUCT A 50-STATE REVIEW OF WASTE SITE INVENTORY PROGRAMS. YOU ARE OF COURSE FREE TO RECOMMEND THAT EPA DO SO, IF YOUR FINDINGS SUPPORT THE NEED FOR SUCH ACTION.

/1/ IN 1983, EPA PROMULGATED A "RULE-RELATED DOCUMENT," WHICH SET FORTH POLICIES AND PROCEDURES FOR ALLOCATING GRANTS TO STATES UNDER A FISCAL YEAR 1983 APPROPRIATION FOR CARRYING OUT SECTION 3012. 48 FED. REG. 5684 (FEB. 7, 1983). THIS DOCUMENT DID NOT CONTAIN SPECIFIC REFERENCE TO DEADLINES FOR STATE SUBMISSION OF WASTE SITE INVENTORIES TO EPA. THE DOCUMENT ALSO DID NOT CONTAIN GUIDANCE ON THE CIRCUMSTANCES WHICH MIGHT TRIGGER A STATE'S DUTY TO SUBMIT ITS INVENTORY TO THE EPA.

/2/ SECTION 3012 DOES NOT SPECIFICALLY REFER TO UPDATED SITE INVENTORIES, AND AN OFFICIAL IN EPA'S SOLID WASTE AND EMERGENCY RESPONSE DIVISION HAS INTERPRETED SECTION 3012 AS "NOT SPECIFICALLY REQUIRING THE STATES TO UPDATE THE INVENTORY OF SITES." LETTER FROM LISA K. FRIEDMAN, ASSOCIATE GENERAL COUNSEL, TO BARRY R. BEDRICK, ACTING ASSISTANT GENERAL COUNSEL, GAO (DEC. 31, 1984).

/3/ THIS INTERPRETATION OF SECTION 3012 IS SHARED BY EPA ADMINISTRATORS. LETTER FROM LISA K. FRIEDMAN, EPA ASSOC. GENERAL COUNSEL, SOLID WASTE AND EMERGENCY RESPONSE DIVISION, TO BARRY R. BEDRICK, ACTING ASSISTANT GENERAL COUNSEL, SPECIAL STUDIES AND ANALYSIS SECTION, GAO (DEC. 31, 1984).