42 U.S.C. § 6926 : US Code - Section 6926: Authorized State hazardous waste programs

Search 42 U.S.C. § 6926 : US Code - Section 6926: Authorized State hazardous waste programs

(a) Federal guidelines
Not later than eighteen months after October 21, 1976, the
Administrator, after consultation with State authorities, shall
promulgate guidelines to assist States in the Development of State
hazardous waste programs.
(b) Authorization of State program
Any State which seeks to administer and enforce a hazardous waste
program pursuant to this subchapter may develop and, after notice
and opportunity for public hearing, submit to the Administrator an
application, in such form as he shall require, for authorization of
such program. Within ninety days following submission of an
application under this subsection, the Administrator shall issue a
notice as to whether or not he expects such program to be
authorized, and within ninety days following such notice (and after
opportunity for public hearing) he shall publish his findings as to
whether or not the conditions listed in items (1), (2), and (3)
below have been met. Such State is authorized to carry out such
program in lieu of the Federal program under this subchapter in
such State and to issue and enforce permits for the storage,
treatment, or disposal of hazardous waste (and to enforce permits
deemed to have been issued under section 6935(d)(1) (!1) of this
title) unless, within ninety days following submission of the
application the Administrator notifies such State that such program
may not be authorized and, within ninety days following such notice
and after opportunity for public hearing, he finds that (1) such
State program is not equivalent to the Federal program under this
subchapter, (2) such program is not consistent with the Federal or
State programs applicable in other States, or (3) such program does
not provide adequate enforcement of compliance with the
requirements of this subchapter. In authorizing a State program,
the Administrator may base his findings on the Federal program in
effect one year prior to submission of a State's application or in
effect on January 26, 1983, whichever is later.
(c) Interim authorization
(1) Any State which has in existence a hazardous waste program
pursuant to State law before the date ninety days after the date of
promulgation of regulations under sections 6922, 6923, 6924, and
6925 of this title, may submit to the Administrator evidence of
such existing program and may request a temporary authorization to
carry out such program under this subchapter. The Administrator
shall, if the evidence submitted shows the existing State program
to be substantially equivalent to the Federal program under this
subchapter, grant an interim authorization to the State to carry
out such program in lieu of the Federal program pursuant to this
subchapter for a period ending no later than January 31, 1986.
(2) The Administrator shall, by rule, establish a date for the
expiration of interim authorization under this subsection.
(3) Pending interim or final authorization of a State program for
any State which reflects the amendments made by the Hazardous and
Solid Waste Amendments of 1984, the State may enter into an
agreement with the Administrator under which the State may assist
in the administration of the requirements and prohibitions which
take effect pursuant to such Amendments.
(4) In the case of a State permit program for any State which is
authorized under subsection (b) of this section or under this
subsection, until such program is amended to reflect the amendments
made by the Hazardous and Solid Waste Amendments of 1984 and such
program amendments receive interim or final authorization, the
Administrator shall have the authority in such State to issue or
deny permits or those portions of permits affected by the
requirements and prohibitions established by the Hazardous and
Solid Waste Amendments of 1984. The Administrator shall coordinate
with States the procedures for issuing such permits.
(d) Effect of State permit
Any action taken by a State under a hazardous waste program
authorized under this section shall have the same force and effect
as action taken by the Administrator under this subchapter.
(e) Withdrawal of authorization
Whenever the Administrator determines after public hearing that a
State is not administering and enforcing a program authorized under
this section in accordance with requirements of this section, he
shall so notify the State and, if appropriate corrective action is
not taken within a reasonable time, not to exceed ninety days, the
Administrator shall withdraw authorization of such program and
establish a Federal program pursuant to this subchapter. The
Administrator shall not withdraw authorization of any such program
unless he shall first have notified the State, and made public, in
writing, the reasons for such withdrawal.
(f) Availability of information
No State program may be authorized by the Administrator under
this section unless -
(1) such program provides for the public availability of
information obtained by the State regarding facilities and sites
for the treatment, storage, and disposal of hazardous waste; and
(2) such information is available to the public in
substantially the same manner, and to the same degree, as would
be the case if the Administrator was carrying out the provisions
of this subchapter in such State.
(g) Amendments made by 1984 act
(1) Any requirement or prohibition which is applicable to the
generation, transportation, treatment, storage, or disposal of
hazardous waste and which is imposed under this subchapter pursuant
to the amendments made by the Hazardous and Solid Waste Amendments
of 1984 shall take effect in each State having an interim or
finally authorized State program on the same date as such
requirement takes effect in other States. The Administrator shall
carry out such requirement directly in each such State unless the
State program is finally authorized (or is granted interim
authorization as provided in paragraph (2)) with respect to such
requirement.
(2) Any State which, before November 8, 1984, has an existing
hazardous waste program which has been granted interim or final
authorization under this section may submit to the Administrator
evidence that such existing program contains (or has been amended
to include) any requirement which is substantially equivalent to a
requirement referred to in paragraph (1) and may request interim
authorization to carry out that requirement under this subchapter.
The Administrator shall, if the evidence submitted shows the State
requirement to be substantially equivalent to the requirement
referred to in paragraph (1), grant an interim authorization to the
State to carry out such requirement in lieu of direct
administration in the State by the Administrator of such
requirement.
(h) State programs for used oil
In the case of used oil which is not listed or identified under
this subchapter as a hazardous waste but which is regulated under
section 6935 of this title, the provisions of this section
regarding State programs shall apply in the same manner and to the
same extent as such provisions apply to hazardous waste identified
or listed under this subchapter.