§270.73 40 CFR Ch. I (7–1–98...

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40 CFR Ch. I (7–1–98 Edition)§ 270.73

(6) Changes to treat or store, intanks, containers, or containmentbuildings, hazardous wastes subject toland disposal restrictions imposed bypart 268 of this chapter or RCRA sec-tion 3004, provided that such changesare made solely for the purpose of com-plying with part 268 of this chapter orRCRA section 3004.

(7) Addition of newly regulated unitsunder paragraph (a)(6) of this section.

(8) Changes necessary to comply withstandards under 40 CFR part 63, Sub-part EEE—National Emission Stand-ards for Hazardous Air PollutantsFrom Hazardous Waste Combustors.

[54 FR 9608, Mar. 7, 1989, as amended at 56 FR7239, Feb. 21, 1991; 57 FR 37282, Aug. 18, 1992;63 FR 33829, June 19, 1998]

§ 270.73 Termination of interim status.

Interim status terminates when:(a) Final administrative disposition

of a permit application is made; or(b) Interim status is terminated as

provided in § 270.10(e)(5).(c) For owners or operators of each

land disposal facility which has beengranted interim status prior to Novem-ber 8, 1984, on November 8, 1985, unless:

(1) The owner or operator submits apart B application for a permit for suchfacility prior to that date; and

(2) The owner or operator certifiesthat such facility is in compliance withall applicable ground-water monitoringand financial responsibility require-ments.

(d) For owners or operators of eachland disposal facility which is in exist-ence on the effective date of statutoryor regulatory amendments under theAct that render the facility subject tothe requirement to have a RCRA per-mit and which is granted interim sta-tus, twelve months after the date onwhich the facility first becomes subjectto such permit requirement unless theowner or operator of such facility:

(1) Submits a part B application for aRCRA permit for such facility beforethe date 12 months after the date onwhich the facility first becomes subjectto such permit requirement; and

(2) Certifies that such facility is incompliance with all applicable groundwater monitoring and financial respon-sibility requirements.

(e) For owners or operators of anyland disposal unit that is granted au-thority to operate under § 270.72(a) (1),(2) or (3), on the date 12 months afterthe effective date of such requirement,unless the owner or operator certifiesthat such unit is in compliance with allapplicable ground-water monitoringand financial responsibility require-ments.

(f) For owners and operators of eachincinerator facility which has achievedinterim status prior to November 8,1984, interim status terminates on No-vember 8, 1989, unless the owner or op-erator of the facility submits a part Bapplication for a RCRA permit for anincinerator facility by November 8,1986.

(g) For owners or operators of any fa-cility (other than a land disposal or anincinerator facility) which hasachieved interim status prior to No-vember 8, 1984, interim status termi-nates on November 8, 1992, unless theowner or operator of the facility sub-mits a part B application for a RCRApermit for the facility by November 8,1988.

[48 FR 14228, Apr. 1, 1983, as amended at 50FR 28753, July 15, 1985; 54 FR 9609, Mar. 7,1989; 56 FR 7239, Feb. 21, 1991; 56 FR 32692,July 17, 1991]

PART 271—REQUIREMENTS FOR AU-THORIZATION OF STATE HAZARD-OUS WASTE PROGRAMS

Subpart A—Requirements for FinalAuthorization

Sec.271.1 Purpose and scope.271.2 Definitions.271.3 Availability of final authorization.271.4 Consistency.271.5 Elements of a program submission.271.6 Program description.271.7 Attorney General’s statement.271.8 Memorandum of Agreement with the

Regional Administrator.271.9 Requirements for identification and

listing of hazardous wastes.271.10 Requirements of generators of haz-

ardous wastes.271.11 Requirements for transporters of haz-

ardous wastes.271.12 Requirements for hazardous waste

management facilities.271.13 Requirements with respect to permits

and permit applications.

VerDate 18<SEP>98 12:02 Oct 21, 1998 Jkt 179158 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:\SGML\179158T.XXX pfrm13 PsN: 179158T

345

Environmental Protection Agency § 271.1

271.14 Requirements for permitting.271.15 Requirements for compliance evalua-

tion programs.271.16 Requirements for enforcement au-

thority.271.17 Sharing of information.271.18 Coordination with other programs.271.19 EPA review of State permits.271.20 Approval process.271.21 Procedures for revision of State pro-

grams.271.22 Criteria for withdrawing approval of

State programs.271.23 Procedures for withdrawing approval

of State programs.271.24 Interim authorization under section

3006(g) of RCRA.271.25 HSWA requirements.271.26 Requirements for used oil manage-

ment.

Subpart B [Reserved]

AUTHORITY: 42 U.S.C. 6905, 6912(a), and 6926.

SOURCE: 48 FR 14248, Apr. 1, 1983, unlessotherwise noted.

Subpart A—Requirements for FinalAuthorization

§ 271.1 Purpose and scope.(a) This subpart specifies the proce-

dures EPA will follow in approving, re-vising, and withdrawing approval ofState programs and the requirementsState programs must meet to be ap-proved by the Administrator under sec-tions 3006(b), (f) and (h) of RCRA.

(b) State submissions for program ap-proval must be made in accordancewith the procedures set out in this sub-part.

(c) The substantive provisions whichmust be included in State programs forthem to be approved include require-ments for permitting, compliance eval-uation, enforcement, public participa-tion, and sharing of information. Manyof the requirements for State programsare made applicable to States by cross-referencing other EPA regulations. Inparticular, many of the provisions ofparts 270 and 124 are made applicable toStates by the references contained in§ 271.14.

(d) Upon receipt of a complete sub-mission, EPA will conduct a publichearing, if interest is shown, and deter-mine whether to approve or disapprovethe program taking into consideration

the requirements of this subpart, theAct and any comments received.

(e) The Administrator shall approveState programs which conform to theapplicable requirements of this sub-part.

(f) Except as provided in § 271.3(a)(3),upon approval of a State permittingprogram, the Administrator shall sus-pend the issuance of Federal permitsfor those activities subject to the ap-proved State program.

(g) Any State program approved bythe Administrator shall at all times beconducted in accordance with the re-quirements of this subpart.

(h) Partial State programs are not al-lowed for programs operating underRCRA final authorization. However, inmany cases States will lack authorityto regulate activities on Indian lands.This lack of authority does not impaira State’s ability to obtain full programapproval in accordance with this sub-part, i.e., inability of a State to regu-late activities on Indian lands does notconstitute a partial program. EPA willadminister the program on Indianlands if the State does not seek thisauthority.

NOTE: States are advised to contact theUnited States Department of the Interior,Bureau of Indian Affairs, concerning author-ity over Indian lands.

(i) Except as provided in § 271.4, noth-ing in this subpart precludes a Statefrom:

(1) Adopting or enforcing require-ments which are more stringent ormore extensive than those requiredunder this subpart;

(2) Operating a program with a great-er scope of coverage than that requiredunder this subpart. Where an approvedState program has a greater scope ofcoverage than required by Federal law,the additional coverage is not part ofthe Federally approved program.

(j) Requirements and prohibitionswhich are applicable to the generation,transportation, treatment, storage, ordisposal of hazardous waste and whichare imposed pursuant to the Hazardousand Solid Waste Amendments of 1984(HSWA) include any requirement orprohibition which has taken effectunder HSWA, such as:

(1) All regulations specified in Table1, and


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40 CFR Ch. I (7–1–98 Edition)§ 271.1

(2) The self-implementing statutoryprovisions specified in Table 2 thathave taken effect.

NOTE: See §§ 264.1(f)(3), 265.1(c)(4)(ii),271.3(b), 271.21(e)(2) and 271.121(c)(3) for appli-cability.

TABLE 1—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Promulgation date Title of regulation Federal Register reference Effective date

Jan. 14, 1985 ....... Dioxin-containing wastes .................................................. 50 FR 1978–2006 .............. July 15, 1985.Apr. 30, 1985 ....... Paint filter liquids test ....................................................... 50 FR 18370–5 .................. June 14, 1985.July 15, 1985 ....... Codification rule [as corrected in 51 FR 2702, 1/21/86] .. 50 FR 28702–55 ................ July 15, 1985.Oct. 23, 1985 ....... Listing wastes from the production of dinitrotoluene,

toluenediamine, and toluene diisocyanate.50 FR 42936–43 ................ Oct. 23, 1985.

Nov. 29, 1985 ...... Standards for the management of the burning of specificwastes in specific types of facilities.

50 FR 49164–212 .............. Dec. 9, 1985.Mar. 31, 1986.May 29, 1986.

Dec. 31, 1985 ...... Amendment of spent solvent listings to include solventmixtures [as corrected in 51 FR 19176, 5/28/86].

50 FR 53315–20 ................ Jan. 30, 1986.

Feb. 13, 1986 ...... Listing wastes from the production of ethylene dibromide(EDB).

51FR 5327–31 ................... Aug. 13, 1986.

Feb. 25, 1986 ...... Listing of four spent solvents and the still bottoms fromtheir recovery.

51 FR 6537–42 .................. Aug. 25, 1986.

Mar. 24, 1986 ...... Regulations for generators of 100–1000 kg/mo of haz-ardous waste.

51 FR 10146–76 ................ Sept. 22, 1986.

July 14, 1986 ....... Hazardous Waste Tank Regulations:1 260.10;262.34(a)(1); 264.110; 264.140; 264.190–264.199;265.110; 265.140; 265.190–265.200; 270.14(b);270.16; and 270.72 (e).

51 FR 25422–86 ................ Jan. 12, 1987.Mar. 24, 1987.

Aug. 8, 1986 ........ Exports of hazardous waste ............................................. 51 FR 28664–86 ................ Nov. 8, 1986.Oct. 24, 1986 ....... Listing Wastes from the Production and Formulation of

Ethylenebisdithiocarbamic Acid (EBDC) and its Salts.51 FR 37725 ...................... Apr. 24, 1987.

Nov. 7, 1986 ........ Land disposal restrictions for solvents and dioxins ......... 51 FR 40572 ...................... Nov. 8, 1986.July 8, 1987 ......... Land disposal restrictions for California list wastes ......... 52 FR 25760 ...................... July 8, 1987.Sept. 23, 1987 ..... Exception Reporting for Small Quantity Generators of

Hazardous Waste.52 FR 35899 ...................... Mar. 23, 1988.

Dec. 1, 1987 ........ Codification rule for the 1984 RCRA Amendments ......... 52 FR 45799 ...................... Dec. 31, 1987.Aug. 17, 1988 ...... Land disposal restrictions for First Third wastes ............. 53 FR 31138–222 .............. Aug. 8, 1988.June 23, 1989 ...... Land Disposal Restrictions for Second Third wastes ...... 54 FR 26594–652 .............. June 8, 1989.Oct. 6, 1989 ......... Listing Wastes from the Production of Methyl Bromide ... 54 FR 41402–408 .............. Apr. 6, 1990.Dec. 11, 1989 ...... Listing Certain Hydrocarbons Produced by Free Radical

Catalyzed Processes.54 FR 50968–978 .............. June 11, 1990.

Mar. 29, 1990 ...... Toxicity characteristic ....................................................... 55 FR 11798–877 .............. Sept. 25, 1990.May 1, 1990 ......... Listing Wastes from the Production of UDMH from Car-

boxylic Acid Hydrazides.55 FR 18496–506 .............. Nov. 2, 1990.

June 1, 1990 ........ Land Disposal Restrictions for Third Third wastes .......... 55 FR 22520–720 .............. May 8, 1990.June 21, 1990 ...... Process Vent and Equipment Leak Organic Air Emission

Standards for Owners and Operators of HazardousWaste Treatment, Storage, and Disposal Facilities.

55 FR 25454–519 .............. Dec. 21, 1990.

Nov. 2, 1990 ........ Petroleum refinery primary and secondary oil/water/sol-ids separation sludge listings.

55 FR 46354–397 .............. May 2, 1991.

Dec. 6, 1990 ........ The listing of wastes from wood preserving processes.2 55 FR 50450–490 .............. June 6, 1991.Dec. 31, 1990 ...... Burning of Hazardous Waste in Boilers and Industrial

Furnaces.56 FR 7134–7240 .............. Aug. 21, 1991.

May 13, 1991 ....... Petroleum refinery primary and secondary oil/water/sol-ids separation sludge listings.

56 FR 21959 ...................... May 2, 1991.

Aug. 19, 1991 ...... Land disposal restrictions & generic exclusion for K061nonwastewaters & conditional exclusion for K061HTMR splash condenser dross residue.

56 FR 41178 ...................... Aug. 8, 1991.

Jan. 29, 1992 ....... Liners and Leak Detection for Hazardous Waste LandDisposal Units 3.

57 FR 3497 ........................ July 29, 1992.

June 22, 1992 ...... Exclusion from the definition of solid waste for the recy-cling of hazardous wastes in the coke by-products in-dustry.

57 FR 27888 ...................... June 22, 1992.

Aug. 18, 1992 ...... Land disposal restrictions for newly listed wastes in§ 268.36 (b)–(g).

57 FR 37282 ...................... June 30, 1992.

Do ................. Land disposal restrictions for newly listed wastes in§ 268.36(a), hazardous debris, and generic exclusionfor K062 and F006 nonwaste-waters.

......Do ................................. Nov. 9, 1992.

Aug. 18, 1992 ...... The listing of wastes from the production, recovery, andrefining of coke by-products produced from coal.

57 FR 37306 ...................... Feb. 18, 1993

Oct. 15, 1992 ....... Listing Wastes from the Production of ChlorinatedToluenes.

57 FR 47386 ...................... Apr. 15, 1993.

Nov. 18, 1992 ...... Containerized Liquids in Landfills ..................................... 57 FR 54461 ...................... May 18, 1992.Nov. 24, 1992 ...... Toxicity Characteristic Revision ....................................... 57 FR 55117 ...................... Nov. 24, 1992.


347


TABLE 1—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF1984—Continued

Promulgation date Title of regulation Federal Register reference Effective date

Feb. 16, 1993 ...... Corrective Action Management Units and TemporaryUnits; Corrective Action Provisions under Subtitle C.

58 FR 8685 ........................ Apr. 19, 1993.

May 24, 1993 ....... Land disposal restrictions for characteristic wasteswhose treatment standards were vacated.

58 FR 29887 ...................... Aug. 9, 1993.

Nov. 9, 1993 ........ Burning of hazardous waste in boilers and industrial fur-naces.

58 FR 59603 ...................... Oct. 15, 1993.

Sept. 19, 1994 ..... Land Disposal Restrictions Phase II—Universal Treat-ment Standards, and Treatment Standards for Or-ganic Toxicity Characteristic Wastes and Newly ListedWastes 4 in § 268.38.

47982–48110 ..................... Dec. 19, 1994.

Dec. 6, 1994 ........ Air Emission Standards for Tanks, Surface Impound-ments, and Containers.

59 FR 62896–62953 .......... Dec. 6, 1996.

Feb. 9, 1995 ........ Listing Wastes from the Production of Carbamates ........ 60 FR 7856 ........................ Aug. 9, 1995.July 11, 1995 ....... Containerized Liquids in Landfills ..................................... 60 FR 35706 ...................... Sept. 11, 1995.April 8, 1996 ........ Land Disposal Restrictions Phase III—Decharacterized

Wastesaters, Carbamate Wastes, and Spent Alu-minum Potliners in § 268.39.

61 FR 15660 ...................... July 8, 1996.

July 1, 1996 ......... Revisions to Criteria applicable to solid waste facilitiesthat may accept CESQG hazardous wastes, excludingMSWLF’s.

61 FR 34278 ...................... Jan. 1, 1998.

Aug. 26, 1996 ...... Emergency Revision of the Land Disposal Restrictions(LDR) Phase III Treatment Standards for Listed Haz-ardous Wastes from Carbamate Production.

61 FR 43931. ..................... Aug. 26, 1996until Aug. 26,1997.

May 12, 1997 ....... Land Disposal Restrictions for Wood Preserving Wastesand Paperwork Reductions.

62 FR 26040 ...................... August 11, 1997.

June 17, 1997 ...... Vacated Carbamate wastes ............................................. 62 FR 32979 ...................... August 9, 1995.August 28, 1997 .. Second Emergency Revision of the Land Disposal Re-

strictions (LDR) Phase III Treatment Standards forListed Hazardous Wastes from Carbamate Produc-tion..

62 FR 45572 ...................... August 26, 1997until August 26,1998.

May 4, 1998 ......... Listing of Organobromine Production Wastes ................. 63 FR 24627 ...................... November 4, 1998May 26, 1998 ....... Land Disposal Restrictions Phase IV Final Rule ............. 63 FR 28753 ...................... August 24, 1998

1 These regulations implement HSWA only to the extent that they apply to tank systems owned or operated by small quantitygenerators, establish leak detection requirements for all new underground tank systems, and establish permitting standards forunderground tank systems that cannot be entered for inspection.

2 These regulations, including test methods for benzo(k)fluoranthene and technical standards for drip pads, implement HSWAonly to the extent that they apply to the listing of Hazardous Waste No. F032, and wastes that are hazardous because they ex-hibit the Toxicity Characteristic. These regulations, including test methods for benzo(k)fluoranthene and technical standards fordrip pads, do not implement HSWA to the extent that they apply to the listings of Hazardous Waste Nos. F034 and F035.

3 The following portions of this rule are not HSWA regulations: §§ 264.19 and 265.19 for final covers.4 The following portions of this rule are not HSWA regulations: §§ 260.30, 260.31, 261.2.

TABLE 2—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF1984

Effective date Self-implementing provision RCRA citation FEDERAL REG-ISTER reference

Nov. 8, 1984 ........ Delisting procedures ......................................................... 3001(f) ................................ July 15, 1985, 50FR 28702–55.

Do ................. Waste disposal for small quantity generators prior toMarch 31, 1986.

3001(d)(5) ........................... Do.

Do ................. Prohibition of disposal in salt domes, salt beds and un-derground mines and caves.

3004(b) ............................... Do.

Do ................. Land disposal prohibition not applicable to contaminatedsoil or debris from a CERCLA response action or aRCRA corrective action prior to November 8, 1988.

3004(d)(3) ........................... Do.

Do ................. Loss of interim status ....................................................... 3005(c)(2)(C) & (e)(2)–(3) .. Do.Do ................. Storage of wastes prohibited from land disposal ............. 3004(j) & 3005(j)(11) .......... Do.Do ................. Prohibition of waste and used oil as dust suppressant ... 3004(l) ................................ Do.Do ................. Minimum technological requirements for new and ex-

panding surface impoundments, landfills and inciner-ators.

3004(o) ............................... Do.

Do ................. Ground water monitoring .................................................. 3004(p) ............................... Do.Do ................. Prohibition for burning fuels containing hazardous waste

in any cement kilns.3004(q)(2)(C) ...................... Do.

Do ................. Financial responsibility for liability of guarantor whenowner/operator is in bankruptcy.

3004(t)(2)–(3) ..................... Do.

Do ................. Corrective action ............................................................... 3004(u) ............................... Do.Do ................. Review of land disposal permits every 5 years ............... 3005(c)(3) ........................... Do.


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TABLE 2—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF1984—Continued


Do ................. Permit terms and conditions necessary to protect humanhealth and the envirorment.

3005(c)(3) ........................... Do.

Do ................. Research, development, and demonstration permits ...... 3005(g) ............................... Do.Do ................. Interim status facilities receiving waste after July 26,

1982.3005(i) ................................ Do.

Do ................. Deadline for surface impoundment retrofit exemption ap-plication.

3005(j)(5) ............................ Do.

Feb. 7, 1985 ........ Fuel labeling requirements ............................................... 3004(r) ................................ Do.May 8, 1985 ......... Prohibition of liquids in landfills ........................................ 3004(c)(1) ........................... Do.

Do ................. Expansions during interim status for waste piles ............. 3015(a) ............................... Do.Do ................. Expansions during interim status for landfills and surface

impoundments.3015(b) ............................... Do.

Do ................. Interim control of hazardous waste disposed of by un-derground injection.

7010(a) ............................... Do.

Aug. 5, 1985 ........ Small quantity generator manifest requirements ............. 3001(d)(3) ........................... Do.Aug. 8, 1985 ........ Exposure assessments to accompany landfill and sur-

face impoundment permit applications.3019(a) ............................... Do.

Sept. 1, 1985 ....... Waste mininization certification on manifest .................... 3002(b) ............................... Do.Do ................. Waste minimization permit condition ................................ 3005(h) ............................... Do.

Nov. 8, 1985 ........ Prohibition of non-hazardous liquids in landfills ............... 3004(c)(3) ........................... Do.Do ................. Notification of hazardous waste export ............................ 3017(c) ............................... Do.

Feb. 8, 1986 1 ...... Notification requirements for producers, burners, blend-ers, distributors and marketers of waste derived fuel.

3010(a) ............................... Nov. 29, 1985, 50FR 49164–211.

Mar. 31, 1986 2 .... Small quantity generator requirements ............................ 3001(d)(8) ........................... Mar. 24, 1986, 51FR 10146–78.

Nov. 8, 1986 ........ Land disposal prohibitions on dioxins and F001–F005solvents.

3004(e) ............................... Nov. 7, 1986, 51FR 40572.

Do ................. Temporary granting of exclusion petitions ceases ........... 3001(f)(2)(B) .......................Do ................. Export of hazardous waste ............................................... 3017(a) ............................... Aug. 8, 1986, 51

FR 28664–86.July 8, 1987 ......... Land disposal restrictions for California list wastes ......... 3004(d) ............................... July 8, 1987, 52

FR 25760.Sept. 23, 1987 ..... Exception reporting for small quantity generators of haz-

ardous waste.52 FR 35899 ...................... Mar. 23, 1988.

Aug. 8, 1988 ........ Prohibition on California wastes, dioxins, and solvents indeep injection wells.

3004(f)(3) ............................

Do ................. Land disposal restrictions of 1⁄3 of listed wastes ............. 3004(g)(6)(A) ...................... Aug. 17, 1988, 53FR 31138–222.

Nov. 8, 1988 ........ Prohibition on wastes in existing surface impoundmentsunless double lined.

3005(j) ................................

June 8, 1989 ........ Prohibition on land disposal of 2⁄3 of listed wastes .......... 3004(g)(6)(B) ...................... June 23, 1989, 54FR 26594–652.

May 8, 1990 ......... Prohibition on land disposal of 3/3 of listed wastes ......... 3004(g)(6)(C) ...................... June 1, 1990, 55FR 22520–720.

Aug. 8, 1991 ........ Prohibition on land disposal of K061 high zincnonwastewaters.

3004(g)(6)(A) ...................... Aug. 19, 1991, 56FR 41178.

June 30, 1992 ...... Surface Impoundment Retrofit ......................................... 37282 ................................. Aug. 18, 1992, 57FR 37282.

Nov. 9, 1992 ........ Prohibition on land disposal of hazardous debris andnewly listed wastes.

......Do ................................. Aug. 18, 1992, 57FR 37282.

Feb. 18, 1993 ...... Containment buildings ...................................................... ......Do ................................. Aug. 18, 1992, 57FR 37282.

Aug. 9, 1993 ........ Prohibition on land disposal of characteristic wasteswhose treatment standards were vacated.

3004(g)(6)(c) ...................... May 24, 1993, 58FR 29887.

Dec. 19, 1994 ...... Prohibition on land disposal of newly listed and identi-fied wastes.

3004(g)(4)(C) and 3004(m) Sept. 19, 1994, 59FR 47982–48110.

Sept. 19, 1995 ..... Establishment of treatment standards for D001 andD012–D017 wastes injected into nonhazardous deepwells.

3004(m) .............................. Do.

April 8, 1996 ........ Prohibition on land disposal of K088 wastes ................... 3004(m) .............................. April 8, 1996, 61FR 15660.

July 8, 1996 ......... Prohibition on land disposal of carbamate wastes .......... 3004(m) .............................. April 8, 1996, 61FR 15660.

July 8, 1996 ......... Prohibition on land disposal of carbamate wastes (Va-cated wastes).

3004(m) .............................. June 17, 1997, 62FR 32979

Sept. 6, 1996 ....... Prohibition on land disposal of radioactive waste mixedwith the newly listed or identified wastes, includingsoil and debris.

3004(g)(4)(C) and 3004(m) Sept. 19, 1994, 59FR 47982–48110.


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TABLE 2—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF1984—Continued


Oct. 8, 1996 ......... Prohibition on land disposal of K088 wastes ................... 3004(m) .............................. April 8, 1998, 61FR 15660.

Dec. 6, 1996 ........ Air Emission Standards for Tanks, Surface Impound-ments, and Containers.

3004(n) ............................... Dec. 6, 1994, 59FR 62896–62953.

Aug. 11, 1997 ...... Prohibition on land disposal of wood preserving wastes 3004(g)(4)(c) and 3004 (m) May 12, 1997,62 FR 26040

April 8, 1998 ........ Prohibition on disposal of radioactive waste mixed withnewly listed or identified wastes, including soil and de-bris (Vacated carbamate wastes).

3304(g)(4)(c) and 3004(m) June 17, 1997, 62FR 32979

August 24, 1998 .. Prohibition on land disposal of newly identified wastes,including TC metal wastes and characteristic mineralprocessing wastes; treatment standards for contami-nated soil..

3004(m) .............................. May 26, 1998, 63FR 28753

November 4, 1998 Prohibition on land disposal of newly listed and identi-fied wastes..

3004(g)(4)(C) and 3004(m) May 4, 1998, 63FR 24596

November 4, 1998 Prohibition on land disposal of radioactive waste mixedwith the newly listed and identified wastes, includingsoil and debris.

3004(m) 3004(g)(4)(C) and3004(m).

May 4, 1998, 63FR 24596

May 12, 1999 ....... Prohibition on land disposal of radioactive waste andsoil and debris mixed with wood preserving wastes.

3004(m) .............................. May 12, 1997, 62FR 26040.

May 26, 2000 ....... Prohibition on land disposal of newly identified wastesfrom elemental phosphorus processing and mixed ra-dioactive and newly identified TC metal/mineral proc-essing wastes (including soil and debris)..

Prohibition on underground injection of newly identifiedmineral processing wastes from titanium dioxide pro-duction..

3004(m) .............................. May 26, 1998, 63FR 28753

1 Note that the effective date was changed to Jan. 29, 1986 by the Nov. 29, 1985 rule.2 Note that the effective date was changed to Sept. 22, 1986 by the Mar. 24, 1986 rule.

[48 FR 14248, Apr. 1, 1983]

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 271.1, see the List of CFR Sec-tions Affected in the Finding Aids section of this volume.

EFFECTIVE DATE NOTES: 1. At 63 FR 24627, May 4, 1998, § 271.1(j) was amended by adding theentry for the May 4, 1998 promulgation date in table 1, and the entries for the Aug. 3, 1998,and May 4, 2000, effective dates in table 2, effective Nov. 4, 1998.

2. At 63 FR 28753, May 26, 1998, § 271.1(j) was amended by adding the entry for the May 26,1998, promulgation date to table 1, and the entries for the Aug. 24, 1998, and May 26, 2000, ef-fective dates to table 2, effective Aug. 24, 1998.

3. At 63 FR 35150, June 29, 1998, § 271.1(j) was amended in table 2 by correcting the entriesfor the Aug. 3, 1998 and May 4, 2000 effective dates to both read Nov. 4, 1998, and correctingthe Federal Register reference entries for those effective dates, effective Nov. 4, 1998.

§ 271.2 Definitions.The definitions in part 270 apply to

all subparts of this part.

§ 271.3 Availability of final authoriza-tion.

(a) Where a State program meets therequirements of section 3006 of RCRAand this subpart it may receive author-ization for any provision of its programcorresponding to a Federal provision ineffect on the date of the State’s au-thorization.

(b) States approved under this sub-part are authorized to administer andenforce their hazardous waste program

in lieu of the Federal program, exceptas provided below:

(1) Any requirement or prohibitionwhich is applicable to the generation,transportation, treatment, storage, ordisposal of hazardous waste and whichis imposed pursuant to the Hazardousand Solid Waste Amendments of 1984takes effect in each State having a fi-nally authorized State program on thesame date as such requirement takeseffect in other States. These require-ments and prohibitions are identifiedin § 271.1(j).

(2) The requirements and prohibi-tions in § 271.1(j) supersede any lessstringent provision of a State program.


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40 CFR Ch. I (7–1–98 Edition)§ 271.4

The Administrator is authorized tocarry out each such Federal require-ment and prohibition in an authorizedState except where, pursuant to sec-tion 3006(b) or 3006(g)(2) of RCRA, theState has received final or interim au-thorization to carry out the particularrequirement or prohibition. Violationsof Federal requirements and prohibi-tions effective in authorized States areenforceable under sections 3008, 3013and 7003 of RCRA.

(3) Until an authorized State pro-gram is revised to reflect the amend-ments made by the Hazardous andSolid Waste Amendments of 1984 andsuch program revisions receive final orinterim authorization pursuant to sec-tion 3006(b) or 3006(g)(2) of RCRA, theAdministrator shall have the authorityin such State to issue or deny permitsor those portions of permits affected bythe requirements and prohibitions es-tablished by the Hazardous and SolidWaste Amendments of 1984.

(c) Official State applications forfinal authorization may be reviewed onthe basis of Federal self-implementingstatutory provisions that were in effect12 months prior to the State’s submis-sion of its official application (if no im-plementing regulations have pre-viously been promulgated) and the reg-ulations in 40 CFR parts 124, 260–266,268, 270 and 271 that were in effect 12months prior to the State’s submissionof its official application. To meet thisrequirement the State may dem-onstrate that its program qualifies forfinal authorization pursuant to thissubpart or interim authorization under§ 271.24. States are not precluded fromseeking authorization for requirementstaking effect less than 12 months priorto the State’s submittal of its final ap-plication.

[48 FR 14248, Apr. 1, 1983, as amended at 50FR 28753, July 15, 1985; 51 FR 33721, Sept. 22,1986; 60 FR 33914, June 29, 1995]

§ 271.4 Consistency.

To obtain approval, a State programmust be consistent with the Federalprogram and State programs applicablein other States and in particular mustcomply with the provisions below. Forpurposes of this section the phrase‘‘State programs applicable in other

States’’ refers only to those State haz-ardous waste programs which have re-ceived final authorization under thispart.

(a) Any aspect of the State programwhich unreasonably restricts, impedes,or operates as a ban on the free move-ment across the State border of hazard-ous wastes from or to other States fortreatment, storage, or disposal at fa-cilities authorized to operate under theFederal or an approved State programshall be deemed inconsistent.

(b) Any aspect of State law or of theState program which has no basis inhuman health or environmental protec-tion and which acts as a prohibition onthe treatment, storage or disposal ofhazardous waste in the State may bedeemed inconsistent.

(c) If the State manifest system doesnot meet the requirements of this part,the State program shall be deemed in-consistent.

[48 FR 14248, Apr. 1, 1983; 48 FR 30114, June 30,1983]

§ 271.5 Elements of a program submis-sion.

(a) Any State that seeks to admin-ister a program under this part shallsubmit to the Administrator at leastthree copies of a program submission.The submission shall contain the fol-lowing:

(1) A letter from the Governor of theState requesting program approval;

(2) A complete program description,as required by § 271.6 describing howthe State intends to carry out its re-sponsibilities under this subpart;

(3) An Attorney General’s statementas required by § 271.7;

(4) A Memorandum of Agreementwith the Regional Administrator as re-quired by § 271.8;

(5) Copies of all applicable State stat-utes and regulations, including thosegoverning State administrative proce-dures; and

(6) The showing required by § 271.20(c)of the State’s public participation ac-tivities prior to program submission.

(b) Within 30 days of receipt by EPAof a State program submission, EPAwill notify the State whether its sub-mission is complete. If EPA finds thata State’s submission is complete, thestatutory review period (i.e., the period


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of time allotted for formal EPA reviewof a proposed State program under sec-tion 3006(b) of the Act) shall be deemedto have begun on the date of receipt ofthe State’s submission. If EPA findsthat a State’s submission is incom-plete, the review period shall not beginuntil all necessary information is re-ceived by EPA.

(c) If the State’s submission is mate-rially changed during the review pe-riod, the review period shall beginagain upon receipt of the revised sub-mission.

(d) The State and EPA may extendthe review period by agreement.

§ 271.6 Program description.Any State that seeks to administer a

program under this subpart shall sub-mit a description of the program it pro-poses to administer in lieu of the Fed-eral program under State law or underan interstate compact. The programdescription shall include:

(a) A description in narrative form ofthe scope, structure, coverage andprocesses of the State program.

(b) A description (including organiza-tion charts) of the organization andstructure of the State agency or agen-cies which will have responsibility foradministering the program, includingthe information listed below. If morethan one agency is responsible for ad-ministration of a program, each agencymust have statewide jurisdiction over aclass of activities. The responsibilitiesof each agency must be delineated,their procedures for coordination setforth, and an agency must be des-ignated as a ‘‘lead agency’’ to facilitatecommunications between EPA and theState agencies having program respon-sibilities. When the State proposes toadminister a program of greater scopeof coverage than is required by Federallaw, the information provided underthis paragraph shall indicate the re-sources dedicated to administering theFederally required portion of the pro-gram.

(1) A description of the State agencystaff who will carry out the State pro-gram, including the number, occupa-tions, and general duties of the em-ployees. The State need not submitcomplete job descriptions for every em-ployee carrying out the State program.

(2) An itemization of the estimatedcosts of establishing and administeringthe program, including cost of the per-sonnel listed in paragraph (b)(1) of thissection, cost of administrative support,and cost of technical support. This es-timate must cover the first two yearsafter program approval.

(3) An itemization of the sources andamounts of funding, including an esti-mate of Federal grant money, availableto the State Director to meet the costslisted in paragraph (b)(2) of this sec-tion, identifying any restrictions orlimitations upon this funding. This es-timate must cover the first two yearsafter program approval.

(c) A description of applicable Stateprocedures, including permitting pro-cedures and any State administrativeor judicial review procedures.

(d) Copies of the permit form(s), ap-plication form(s), and reporting form(s)the State intends to employ in its pro-gram. Forms used by the State for haz-ardous waste management need not beidentical to the forms used by EPA butshould require the same basic informa-tion, except that the State RCRA pro-gram must require the use of EPAManifest Forms 8700–22 and 8700–22A.Where the State preprints informationon the Manifest forms, such formsmust be submitted with the State’s ap-plication for approval. Restrictions onpreprinting by the States are identifiedin 40 CFR 271.10(h). Otherwise, theState need not provide copies of uni-form national forms it intends to usebut should note its intention to usesuch forms.

(e) A complete description of theState’s compliance tracking and en-forcement program.

(f) A description of the State mani-fest tracking system, and of the proce-dures the State will use to coordinateinformation with other approved Stateprograms and the Federal program re-garding interstate and internationalshipments.

(g) An estimate of the number of thefollowing:

(1) Generators;(2) Transporters; and(3) On- and off-site storage, treat-

ment and disposal facilities, and a briefdescription of the types of facilities


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40 CFR Ch. I (7–1–98 Edition)§ 271.7

and an indication of the permit statusof these facilities.

(h) If available, an estimate of theannual quantities of hazardous wastesgenerated within the State; trans-ported into and out of the State; andstored, treated, or disposed of withinthe State: On-site; and Off-site.

[48 FR 14248, Apr. 1, 1983, as amended at 49FR 10506, Mar. 20, 1984]

§ 271.7 Attorney General’s statement.(a) Any State that seeks to admin-

ister a program under this subpartshall submit a statement from theState Attorney General (or the attor-ney for those State agencies whichhave independent legal counsel) thatthe laws of the State provide adequateauthority to carry out the program de-scribed under § 271.6 and to meet the re-quirements of this subpart. This state-ment shall include citations to the spe-cific statutes, administrative regula-tions and, where appropriate, judicialdecisions which demonstrate adequateauthority. State statutes and regula-tions cited by the State Attorney Gen-eral or independent legal counsel shallbe in the form of lawfully adoptedState statues and regulations at thetime the statement is signed and shallbe fully effective by the time the pro-gram is approved. To qualify as ‘‘inde-pendent legal counsel’’ the attorneysigning the statement required by thissection must have full authority toindependently represent the Stateagency in court on all matters pertain-ing to the State program.

NOTE: EPA will supply States with an At-torney General’s statement format on re-quest.

(b) When a State seeks authorityover activities on Indian lands, thestatement shall contain an appropriateanalysis of the State’s authority.

§ 271.8 Memorandum of Agreementwith the Regional Administrator.

(a) Any State that seeks to admin-ister a program under this subpartshall submit a Memorandum of Agree-ment (MOA). The Memorandum ofAgreement shall be executed by theState Director and the Regional Ad-ministrator and shall become effectivewhen approved by the Administrator.In addition to meeting the require-

ments of paragraph (b) of this section,the Memorandum of Agreement mayinclude other terms, conditions, oragreements consistent with this sub-part and relevant to the administra-tion and enforcement of the State’sregulatory program. The Adminis-trator shall not approve any Memoran-dum of Agreement which contains pro-visions which restrict EPA’s statutoryoversight responsibility.

(b) All Memoranda of Agreementshall include the following:

(1) Provisions for the Regional Ad-ministrator to promptly forward to theState Director information obtainedprior to program approval in notifica-tions provided under section 3010(a) ofRCRA. The Regional Administratorand the State Director shall agree onprocedures for the assignment of EPAidentification numbers for new genera-tors, transporters, treatment, storage,and disposal facilities.

(2) Provisions specifying the fre-quency and content of reports, docu-ments and other information which theState is required to submit to EPA.The State shall allow EPA to routinelyreview State records, reports, and filesrelevant to the administration and en-forcement of the approved program.State reports may be combined withgrant reports where appropriate.

(3) Provisions on the State’s compli-ance monitoring and enforcement pro-gram, including:

(i) Provisions for coordination ofcompliance monitoring activities bythe State and by EPA. These mayspecify the basis on which the RegionalAdministrator will select facilities oractivities within the State for EPA in-spection. The Regional Administratorwill normally notify the State at least7 days before any such inspection; and

(ii) Procedures to assure coordinationof enforcement activities.

(4) Provisions allowing EPA to con-duct compliance inspections of all gen-erators, transporters, and HWM facili-ties in each year for which the State isoperating under final authorization.The Regional Administrator and theState Director may agree to limita-tions on compliance inspections of gen-erators, transporters, and non-majorHWM facilities.


353


(5) No limitations on EPA compli-ance inspections of generators, trans-porters, or non-major HWM facilitiesunder paragraph (b)(4) of this sectionshall restrict EPA’s right to inspectany generator, transporter, or HWM fa-cility which it has cause to believe isnot in compliance with RCRA; how-ever, before conducting such an inspec-tion, EPA will normally allow theState a reasonable opportunity to con-duct a compliance evaluation inspec-tion.

(6) Provisions for the prompt transferfrom EPA to the State of pending per-mit applications and any other infor-mation relevant to program operationnot already in the possession of theState Director (e.g., support files forpermit issuance, compliance reports,etc.). When existing permits are trans-ferred from EPA to the State for ad-ministration, the Memorandum ofAgreement shall contain provisionsspecifying a procedure for transferringthe administration of these permits. Ifa State lacks the authority to directlyadminister permits issued by the Fed-eral government, a procedure may beestablished to transfer responsibilityfor these permits.

NOTE: For example, EPA and the State andthe permittee could agree that the Statewould issue a permit(s) identical to the out-standing Federal permit which would simul-taneously be terminated.

(7) Provisions specifying classes andcategories of permit applications, draftpermits, and proposed permits that theState will send to the Regional Admin-istrator for review, comment and,where applicable, objection.

(8) When appropriate, provisions forjoint processing of permits by theState and EPA, for facilities or activi-ties which require permits from bothEPA and the State under different pro-grams. See § 124.4

NOTE: To promote efficiency and to avoidduplication and inconsistency, States are en-couraged to enter into joint processingagreements with EPA for permit issuance.

(9) Provisions for the State Directorto promptly forward to EPA copies ofdraft permits and permit applicationsfor all major HWM facilities for reviewand comment. The Regional Adminis-trator and the State Director may

agree to limitations regarding reviewof and comment on draft permits and/or permit applications for non-majorHWM facilities. The State Directorshall supply EPA copies of final per-mits for all major HWM facilities.

(10) Provisions for the State Directorto review all permits issued underState law prior to the date of programapproval and modify or revoke and re-issue them to require compliance withthe requirements of this subpart. TheRegional Administrator and the StateDirector shall establish a time withinwhich this review must take place.

(11) Provisions for modification ofthe Memorandum of Agreement in ac-cordance with this subpart.

(c) The Memorandum of Agreement,the annual program grant and theState/EPA Agreement should be con-sistent. If the State/EPA Agreementindicates that a change is needed in theMemorandum of Agreement, theMemorandum of Agreement may beamended through the procedures setforth in this subpart. The State/EPAAgreement may not override theMemorandum of Agreement.

NOTE: Detailed program priorities and spe-cific arrangements for EPA support of theState program will change and are thereforemore appropriately negotiated in the con-text of annual agreements rather than in theMOA. However, it may still be appropriate tospecify in the MOA the basis for such de-tailed agreements, e.g., a provision in theMOA specifying that EPA will select facili-ties in the State for inspection annually aspart of the State/EPA agreement.

§ 271.9 Requirements for identificationand listing of hazardous wastes.

(a) The State program must controlall the hazardous wastes controlledunder 40 CFR part 261 and must adopta list of hazardous wastes and set ofcharacteristics for identifying hazard-ous wastes equivalent to those under 40CFR part 261.

(b) The State is not required to havea delisting mechanism. A State mayreceive authorization for delisting ifthe State regulations for delisting de-cisions are equivalent to § 260.20(b) and§ 260.22, and the State provides publicnotice and opportunity for comment


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40 CFR Ch. I (7–1–98 Edition)§ 271.10

before granting or denying delisting re-quests.

[51 FR 33721, Sept. 22, 1986]

§ 271.10 Requirements for generatorsof hazardous wastes.

(a) The State program must cover allgenerators covered by 40 CFR part 262.States must require new generators tocontact the State and obtain an EPAidentification number before they per-form any activity subject to regulationunder the approved State hazardouswaste program.

(b) The State shall have authority torequire and shall require all generatorsto comply with reporting and record-keeping requirements equivalent tothose under 40 CFR 262.40 and 262.41.States must require that generatorskeep these records at least 3 years.

(c) The State program must requirethat generators who accumulate haz-ardous wastes for short periods of timecomply with requirements that areequivalent to the requirements for ac-cumulating hazardous wastes for shortperiods of time under 40 CFR 262.34.

(d) The State program must requirethat generators comply with require-ments that are equivalent to the re-quirements for the packaging, labeling,marking, and placarding of hazardouswaste under 40 CFR 262.30 to 262.33, andare consistent with relevant DOT regu-lations under 49 CFR parts 172, 173, 178and 179.

(e) The State program shall providerequirements respecting internationalshipments which are equivalent tothose at 40 CFR part 262 subparts E andF, except that:

(1) Advance notification, annual re-ports and exception reports in accord-ance with 40 CFR 262.53, 262.55 and262.56 shall be filed with the Adminis-trator; States may require that copiesof the documents referenced also befiled with the State Director; and

(2) The Administrator will notify for-eign countries of intended exports inconjunction with the Department ofState and primary exporters of foreigncountries’ responses in accordance with40 CFR 262.53.

NOTE: Such notices shall be mailed to theOffice of Waste Programs Enforcement,RCRA Enforcement Division (OS–520), Envi-

ronmental Protection Agency, 401 M StreetSW., Washington, DC 20460.

(f) The State must require that allgenerators of hazardous waste whotransport (or offer for transport) suchhazardous waste off-site:

(1) Use a manifest system that en-sures that interstate and intrastateshipments of hazardous waste are des-ignated for delivery, and, in the case ofintrastate shipments, are delivered tofacilities that are authorized to oper-ate under an approved State programor the federal program. The manifestsystem must include the use of mani-fest form as required by § 262.20(a) and§ 262.21. No other manifest form, ship-ping document, or information, otherthan that required by federal law, maybe required by the State to travel withthe shipment.

(2) Initiate the manifest and des-ignate on the manifest the storage,treatment, or disposal facility to whichthe waste is to be shipped.

(3) Ensure that all wastes offered fortransportation are accompanied by themanifest, except in the case of ship-ments by rail or water specified in 40CFR 262.23 (c) and (d) and § 262.20 (e)and (f). The State program shall pro-vide requirements for shipments by railor water equivalent to those under 40CFR 262.23 (c) and (d) and § 263.20 (e)and (f).

(4) Investigate instances where mani-fests have not been returned by theowner or operator of the designated fa-cility and report such instances to theState in which the shipment origi-nated.

(g) In the case of interstate ship-ments for which the manifest has notbeen returned, the State program mustprovide for notification to the State inwhich the facility designated on themanifest is located and to the State inwhich the shipment may have been de-livered (or to EPA in the case of unau-thorized States).

(h) The State must follow the Fed-eral manifest format (40 CFR 262.21)and may supplement the format to alimited extent subject to the consist-ency requirements of the HazardousMaterials Transportation Act (49U.S.C. 1801 et seq.).

(1) A State that supplies the manifestform required by § 262.20(a) may


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preprint information on the form onlyas follows:

(i) In Items A and L, a State manifestdocument number; (EPA Form 8700–22,items A; EPA Form 8700–22A, item L);

(ii) In Items 11 and 28, a hazardousmaterials (HM) column for use in dis-tinguishing between federally regu-lated wastes and other materials ac-cording to 49 CFR 172.201(a)(1);

(iii) Anywhere on the form, light or-ganizational marks to indicate properplacement of characters or to facilitatedata entry;

(iv) Anywhere in the margin of theform or on the back of the form, anyinformation or instructions that do notrequire generators, transporters, orowners or operators of hazardous wastemanagement facilities to supply addi-tional information;

(v) In Item 16, reference to State lawsor regulations following the federalcertification; and

(vi) Abbreviations for headings inState optional information spaces(EPA Form 8700–22, Items A–H; andEPA Form 8700–22A, Items L–Q).

(2) In addition to the federally re-quired information, both the State inwhich the generator is located and theState in which the designated facilityis located may require completion ofthe following items:

(i) State manifest document number(EPA Form 8700–22, Item A; EPA Form8700–22A Item L);

(ii) For generators, State generatoridentification numbers (EPA Form8700–22, Item B; EPA Form 8700–22A,Item M);

(iii) For transporters, telephone num-bers and State transporter identifica-tion numbers (EPA Form 8700–22, ItemsC, D, E and F; EPA Form 8700–22A,Items N, O, P and Q);

(iv) For owners and operators of haz-ardous waste management facilities,facility telephone number, and Statefacility identification numbers (EPAForm 8700–22, Items G and H);

(v) Codes associated with particularwastes (EPA Form 8700–22, Item I; EPAForm 8700–22A, Item R);

(vi) Codes associated with particularwaste treatment, storage, or disposalmethods (EPA Form 8700–22, Item K;EPA Form 8700–22A, Item T); and

(vii) Additional waste description as-sociated with particular hazardouswastes listed on the Manifest. This in-formation is limited to informationsuch as chemical names, constituentpercentages, and physical state (EPAForm 8700–22, Item J; EPA Form 8700–22A, Item S).

(3) No State, however, may imposeenforcement sanctions on a transporterduring transportation of the shipmentfor failure of the form to includepreprinted information or optionalState information items.

(i) Unless otherwise provided in part271, the State program shall havestandards for generators which are atleast as stringent as any amendment to40 CFR Part 262 which is promulgatedafter July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 48FR 30114, June 30, 1983; 49 FR 10506, Mar. 20,1984; 49 FR 11180, Mar. 26, 1984; 51 FR 28685,Aug. 8, 1986; 51 FR 33722, Sept. 22, 1986; 56 FR43705, Sept. 4, 1991]

§ 271.11 Requirements for transportersof hazardous wastes.

(a) The State program must cover alltransporters covered by 40 CFR part263. New transporters must be requiredto contact the State and obtain anEPA identification number from theState before they accept hazardouswaste for transport.

(b) The State shall have the author-ity to require and shall require alltransporters to comply with record-keeping requirements equivalent tothose found at 40 CFR 263.22. Statesmust require that records be kept atleast 3 years.

(c) The State must require the trans-porter to carry the manifest duringtransport, except in the case of ship-ments by rail or water specified in 40CFR 263.20 (e) and (f) and to deliverwaste only to the facility designatedon the manifest. The State programshall provide requirements for ship-ments by rail or water equivalent tothose under 40 CFR 263.20 (e) and (f).For exports of hazardous waste, theState must require the transporter torefuse to accept hazardous waste forexport if he knows the shipment does


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40 CFR Ch. I (7–1–98 Edition)§ 271.12

not conform to the EPA Acknowledg-ment of Consent, to carry an EPA Ac-knowledgment of Consent to the ship-ment, and to provide a copy of themanifest to the U.S. Customs officialat the point the waste leaves theUnited States.

(d) For hazardous wastes that are dis-charged in transit, the State programmust require that transporters notifyappropriate State, local, and Federalagencies of such discharges, and cleanup such wastes, or take action so thatsuch wastes do not present a hazard tohuman health or the environment.These requirements shall be equivalentto those found at 40 CFR 263.30 and263.31.

(e) Unless otherwise provided in part271, the State program shall havestandards for transporters which are atleast as stringent as any amendment to40 CFR Part 263 which is promulgatedafter July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 51FR 28686, Aug. 8, 1986; 51 FR 33722, Sept. 22,1986]

§ 271.12 Requirements for hazardouswaste management facilities.

The State shall have standards forhazardous waste management facilitieswhich are equivalent to 40 CFR parts264 and 266. These standards shall in-clude:

(a) Technical standards for tanks,containers, waste piles, incineration,chemical, physical and biologicaltreatment facilities, surface impound-ments, landfills, and land treatment fa-cilities;

(b) Financial responsibility duringfacility operation;

(c) Preparedness for and preventionof discharges or releases of hazardouswaste; contingency plans and emer-gency procedures to be followed in theevent of a discharge or release of haz-ardous waste;

(d) Closure and post-closure require-ments including financial requirementsto ensure that money will be availablefor closure and post-closure monitoringand maintenance;

(e) Groundwater monitoring;(f) Security to prevent unauthorized

access to the facility;(g) Facility personnel training;

(h) Inspections, monitoring, record-keeping, and reporting;

(i) Compliance with the manifest sys-tem, including the requirements thatfacility owners or operators return asigned copy of the manifest to the gen-erator to certify delivery of the hazard-ous waste shipment;

(j) Other requirements to the extentthat they are included in 40 CFR parts264 and 266.

§ 271.13 Requirements with respect topermits and permit applications.

(a) State law must require permitsfor owners and operators of all hazard-ous waste management facilities re-quired to obtain a permit under 40 CFRpart 270 and prohibit the operation ofany hazardous waste management fa-cility without such a permit, exceptthat States may, if adequate legal au-thority exists, authorize owners andoperators of any facility which wouldqualify for interim status under theFederal program to remain in oper-ation until a final decision is made onthe permit application, or until in-terim status terminates pursuant to 40CFR 270.73 (b) through (f). When Statelaw authorizes such continued oper-ation it shall require compliance byowners and operators of such facilitieswith standards at least as stringent asEPA’s interim status standards at 40CFR part 265.

(b) The State must require all newHWM facilities to contact the Stateand obtain an EPA identification num-ber before commencing treatment,storage, or disposal of hazardous waste.

(c) All permits issued by the Stateshall require compliance with thestandards adopted by the State under§ 271.12.

(d) All permits issued under Statelaw prior to the date of approval offinal authorization shall be reviewedby the State Director and modified orrevoked and reissued to require compli-ance with the requirements of thispart.

[48 FR 14248, Apr. 1, 1983, as amended at 51FR 33722, Sept. 22, 1986]


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§ 271.14 Requirements for permitting.All State programs under this sub-

part must have legal authority to im-plement each of the following provi-sions and must be administered in con-formance with each; except that Statesare not precluded from omitting ormodifying any provisions to imposemore stringent requirements:

(a) Section 270.1(c)(1)—(Specific in-clusions);

(b) Section 270.4—(Effect of permit);(c) Section 270.5—(Noncompliance re-

porting);(d) Section 270.10—(Application for a

permit);(e) Section 270.11—(Signatories);(f) Section 270.12—(Confidential infor-

mation);(g) Section 270.13—(Contents of part

A);(h) Sections 270.14 through 270.29—

(Contents of part B);

NOTE: States need not use a two part per-mit application process. The State applica-tion process must, however, require informa-tion in sufficient detail to satisfy the re-quirements of §§ 270.13 through 270.29.

(i) Section 270.30—(Applicable permitconditions);

(j) Section 270.31—(Monitoring re-quirements);

(k) Section 270.32—(Establishing per-mit conditions);

(l) Section 270.33—(Schedule of com-pliance);

(m) Section 270.40—(Permit transfer);(n) Section 270.41—(Permit modifica-

tion);(o) Section 270.43—(Permit termi-

nation);(p) Section 270.50—(Duration);(q) Section 270.60—(Permit by rule);(r) Section 270.61—(Emergency per-

mits);(s) Section 270.64—(Interim permits

for UIC wells);(t) Section 124.3(a)—(Application for

a permit);(u) Section 124.5 (a), (c), (d)—(Modi-

fication of permits);(v) Section 124.6 (a), (d), and (e)—

(Draft permit);(w) Section 124.8—(Fact sheets);(x) Section 124.10 (a)(1)(ii), (a)(1)(iii),

(a)(1)(v), (b), (c), (d), and (e)—(Publicnotice);

(y) Section 124.11—(Public commentsand requests for hearings);

(z) Section 124.12(a)—(Public hear-ings); and

(aa) Section 124.17 (a) and (c)—(Re-sponse to comments).

NOTE: States need not implement provi-sions identical to the above listed provisions.Implemented provisions must, however, es-tablish requirements at least as stringent asthe corresponding listed provisions. WhileStates may impose more stringent require-ments, they may not make one requirementmore lenient as a tradeoff for making an-other requirement more stringent; for exam-ple, by requiring that public hearings be heldprior to issuing any permit while reducingthe amount of advance notice of such a hear-ing.

[48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30,1983]

§ 271.15 Requirements for complianceevaluation programs.

(a) State programs shall have proce-dures for receipt, evaluation, retentionand investigation for possible enforce-ment of all notices and reports re-quired of permittees and other regu-lated persons (and for investigation forpossible enforcement of failure to sub-mit these notices and reports).

(b) State programs shall have inspec-tion and surveillance procedures to de-termine, independent of informationsupplied by regulated persons, compli-ance or noncompliance with applicableprogram requirements. The State shallmaintain:

(1) A program which is capable ofmaking comprehensive surveys of allfacilities and activities subject to theState Director’s authority to identifypersons subject to regulation who havefailed to comply with permit applica-tion or other program requirements.Any compilation, index, or inventoryof such facilities and activities shall bemade available to the Regional Admin-istrator upon request;

(2) A program for periodic inspectionsof the facilities and activities subjectto regulation. These inspections shallbe conducted in a manner designed to:

(i) Determine compliance or non-compliance with issued permit condi-tions and other program requirements;

(ii) Verify the accuracy of informa-tion submitted by permittees and otherregulated persons in reporting formsand other forms supplying monitoringdata; and


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40 CFR Ch. I (7–1–98 Edition)§ 271.16

(iii) Verify the adequacy of sampling,monitoring, and other methods used bypermittees and other regulated personsto develop that information;

(3) A program for investigating infor-mation obtained regarding violationsof applicable program and permit re-quirements; and

(4) Procedures for receiving and en-suring proper consideration of informa-tion submitted by the public about vio-lations. Public effort in reporting vio-lations shall be encouraged, and theState Director shall make available in-formation on reporting procedures.

(c) The State Director and State offi-cers engaged in compliance evaluationshall have authority to enter any siteor premises subject to regulation or inwhich records relevant to program op-eration are kept in order to copy anyrecords, inspect, monitor or otherwiseinvestigate compliance with the Stateprogram including compliance withpermit conditions and other programrequirements. States whose law re-quires a search warrant before entryconform with this requirement.

(d) Investigatory inspections shall beconducted, samples shall be taken andother information shall be gathered ina manner (e.g., using proper ‘‘chain ofcustody’’ procedures) that will produceevidence admissible in an enforcementproceeding or in court.

§ 271.16 Requirements for enforcementauthority.

(a) Any State agency administering aprogram shall have available the fol-lowing remedies for violations of Stateprogram requirements:

(1) To restrain immediately and ef-fectively any person by order or by suitin State court from engaging in anyunauthorized activity which is endan-gering or causing damage to publichealth or the environment.

NOTE: This paragraph requires that Stateshave a mechanism (e.g., an administrativecease and desist order or the ability to seeka temporary restraining order) to stop anyunauthorized activity endangering publichealth or the environment.

(2) To sue in courts of competent ju-risdiction to enjoin any threatened orcontinuing violation of any programrequirement, including permit condi-

tions, without the necessity of a priorrevocation of the permit;

(3) To access or sue to recover incourt civil penalties and to seek crimi-nal remedies, including fines, as fol-lows:

(i) Civil penalties shall be recover-able for any program violation in atleast the amount of $10,000 per day.

(ii) Criminal remedies shall be ob-tainable against any person who know-ingly transports any hazardous wasteto an unpermitted facility; who treats,stores, or disposes of hazardous wastewithout a permit; who knowinglytransports, treats, stores, disposes, re-cycles, causes to be transported, orotherwise handles any used oil regu-lated by EPA under section 3014 ofRCRA that is not listed or identified asa hazardous waste under the state’shazardous waste program in violationof standards or regulations for manage-ment of such used oil; or who makesany false statement, or representationin any application, label, manifest,record, report, permit or other docu-ment filed, maintained, or used for pur-poses of program compliance (includingcompliance with any standards or regu-lations for used oil regulated by EPAunder section 3014 of RCRA that is notlisted or identified as hazardous waste).Criminal fines shall be recoverable inat least the amount of $10,000 per dayfor each violation, and imprisonmentfor at least six months shall be avail-able.

(b)(1) The maximum civil penalty orcriminal fines (as provided in para-graph (a)(3) of this section) shall be as-sessable for each instance of violationand, if the violation is continuous,shall be assessable up to the maximumamount for each day of violation.

(2) The burden of proof and degree ofknowledge or intent required underState law for establishing violationsunder paragraph (a)(3) of this section,shall be no greater than the burden ofproof or degree of knowledge or intentEPA must provide when it brings anaction under the Act.

NOTE: For example, this requirement is notmet if State law includes mental state as anelement of proof for civil violations.

(c) A civil penalty assessed, sought,or agreed upon by the State Director


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under paragraph (a)(3) of this sectionshall be appropriate to the violation.

NOTE: To the extent the State judgmentsor settlements provide penalties in amountswhich EPA believes to be substantially inad-equate in comparison to the amounts whichEPA would require under similar facts, EPA,when authorized by the applicable statute,may commence separate actions for pen-alties.

In addition to the requirements of thisparagraph, the State may have other en-forcement remedies. The following enforce-ment options, while not mandatory, arehighly recommended:

Procedures for assessment by the State ofthe costs of investigations, inspections, ormonitoring surveys which lead to the estab-lishment of violations;

Procedures which enable the State to as-sess or to sue any persons responsible for un-authorized activities for any expenses in-curred by the State in removing, correcting,or terminating any adverse effects uponhuman health and the environment resultingfrom the unauthorized activity, whether ornot accidental;

Procedures which enable the State to suefor compensation for any loss or destructionof wildlife, fish or aquatic life, or their habi-tat, and for any other damages caused by un-authorized activity, either to the State or toany residents of the State who are directlyaggrieved by the unauthorized activity, orboth; and

Procedures for the administrative assess-ment of penalties by the Director.

(d) Any State administering a pro-gram under this subpart shall providefor public participation in the Stateenforcement process by providing ei-ther:

(1) Authority which allows interven-tion as of right in any civil action toobtain the remedies specified in para-graph (a) (2) or (3) of this section byany citizen having an interest which isor may be adversely affected; or

(2)(i) Assurance by the appropriateState agency that it will investigateand provide written responses to allcitizen complaints submitted pursuantto the procedures specified in§ 271.15(b)(4);

(ii) Assurance by the appropriateState enforcement authority that itwill not oppose intervention by anycitizen when permissive intervention isauthorized by statute, rule, or regula-tion; and

(iii) Assurance by the appropriateState enforcement authority that it

will publish notice of and provide atleast 30 days for public comment on allproposed settlements of civil enforce-ment actions, except in cases where asettlement requires some immediateaction (e.g., cleanup) which if other-wise delayed could result in substantialdamage to either public health or theenvironment.

(Clean Water Act (33 U.S.C. 1251 et seq.), SafeDrinking Water Act (42 U.S.C. 300f et seq.),Clean Air Act (42 U.S.C. 7401 et seq.), Re-source Conservation and Recovery Act (42U.S.C. 6901 et seq.); secs. 1006, 2002(a), 3006and 7004 of the Solid Waste Disposal Act, asamended by the Resource Conservation andRecovery Act of 1976 (RCRA), as amended, (42U.S.C. 6905, 6912(a), 6926 and 6974))

[48 FR 14248, Apr. 1, 1983, as amended at 48FR 39622, Sept. 1, 1983; 49 FR 7372, Feb. 29,1984; 58 FR 26424, May 3, 1993; 59 FR 10559,Mar. 4, 1994]

§ 271.17 Sharing of information.(a) Any information obtained or used

in the administration of a State pro-gram shall be available to EPA uponrequest without restriction. If the in-formation has been submitted to theState under a claim of confidentiality,the State must submit that claim toEPA when providing information underthis subpart. Any information obtainedfrom a State and subject to a claim ofconfidentiality will be treated in ac-cordance with the regulations in 40CFR part 2. If EPA obtains from aState information that is not claimedto be confidential, EPA may make thatinformation available to the publicwithout further notice.

(b) EPA shall furnish to States withapproved programs the information inits files not submitted under a claim ofconfidentiality which the State needsto implement its approved program.EPA shall furnish to States with ap-proved programs information submit-ted to EPA under a claim of confiden-tiality, which the State needs to imple-ment its approved program, subject tothe conditions in 40 CFR part 2.

(c)(1) The State program must pro-vide for the public availability of infor-mation obtained by the State regard-ing facilities and sites for the treat-ment, storage, and disposal of hazard-ous waste. Such information must bemade available to the public in sub-stantially the same manner, and to the


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40 CFR Ch. I (7–1–98 Edition)§ 271.18

same degree, as would be the case if theAdministrator was carrying out theprovisions of Subtitle C of RCRA in theState.

(2) A State must revise its programto comply with this section in accord-ance with § 271.21(e)(2)(ii). Interim au-thorization under § 271.24 is not avail-able to demonstrate compliance withthis section.

[48 FR 14248, Apr. 1, 1983, as amended at 50FR 28754, July 15, 1985; 51 FR 33722, Sept. 22,1986]

§ 271.18 Coordination with other pro-grams.

(a) Issuance of State permits underthis subpart may be coordinated, asprovided in part 124, with issuance ofUIC, NPDES, and 404 permits whetherthey are controlled by the State, EPA,or the Corps of Engineers. See § 124.4.

(b) The State Director of any ap-proved program which may affect theplanning for and development of haz-ardous waste management facilitiesand practices shall consult and coordi-nate with agencies designated undersection 4006(b) of RCRA (40 CFR part255) as responsible for the developmentand implementation of State solidwaste management plans under section4002(b) of RCRA (40 CFR part 256).

§ 271.19 EPA review of State permits.(a) The Regional Administrator may

comment on permit applications anddraft permits as provided in the Memo-randum of Agreement under § 271.8.

(b) Where EPA indicates, in a com-ment, that issuance of the permitwould be inconsistent with the ap-proved State program, EPA shall in-clude in the comment:

(1) A statement of the reasons for thecomment (including the section ofRCRA or regulations promulgatedthereunder that support the comment);and

(2) The actions that should be takenby the State Director in order to ad-dress the comments (including the con-ditions which the permit would includeif it were issued by the Regional Ad-ministrator).

(c) A copy of any comment shall besent to the permit applicant by the Re-gional Administrator.

(d) The Regional Administrator shallwithdraw such a comment when satis-fied that the State has met or refutedhis or her concerns.

(e) Under section 3008(a)(3) of RCRA,EPA may terminate a State-issued per-mit in accordance with the proceduresof part 124, subpart E, or bring an en-forcement action in accordance withthe procedures of 40 CFR part 22 in thecase of a violation of a State programrequirement. In exercising these au-thorities, EPA will observe the follow-ing conditions:

(1) The Regional Administrator maytake action under section 3008(a)(3) ofRCRA against a holder of a State-issued permit at any time on theground that the permittee is not com-plying with a condition of that permit.

(2) The Regional Administrator maytake action under section 3008(a)(3) ofRCRA against a holder of a State-issued permit at any time on theground that the permittee is not com-plying with a condition that the Re-gional Administrator in commentingon the permit application or draft per-mit stated was necessary to implementapproved State program requirements,whether or not that condition was in-cluded in the final permit.

(3) The Regional Administrator maynot take action under section 3008(a)(3)of RCRA against a holder of a State-issued permit on the ground that thepermittee is not complying with a con-dition necessary to implement ap-proved State program requirements un-less the Regional Administrator statedin commenting on the permit applica-tion or draft permit that the conditionwas necessary.

(4) The Regional Administrator maytake action under section 7003 of RCRAagainst a permit holder at any timewhether or not the permit holder iscomplying with permit conditions.

(f) Notwithstanding the above provi-sions, EPA shall issue permits, or por-tions of permits, to facilities in author-ized States as necessary to implementthe Hazardous and Solid Waste Amend-ments of 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 50FR 28754, July 15, 1985]


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§ 271.20 Approval process.(a) Prior to submitting an applica-

tion to EPA for approval of a Stateprogram, the State shall issue publicnotice of its intent to seek program ap-proval from EPA. This public noticeshall:

(1) Be circulated in a manner cal-culated to attract the attention of in-terested persons including:

(i) Publication in enough of the larg-est newspapers in the State to attractstatewide attention; and

(ii) Mailing to persons on the Stateagency mailing list and to any otherpersons whom the agency has reason tobelieve are interested;

(2) Indicate when and where theState’s proposed submission may be re-viewed by the public;

(3) Indicate the cost of obtaining acopy of the submission;

(4) Provide for a comment period ofnot less than 30 days during which timeinterested members of the public mayexpress their views on the proposedprogram;

(5) Provide that a public hearing willbe held by the State or EPA if suffi-cient public interest is shown or, alter-natively, schedule such a public hear-ing. Any public hearing to be held bythe State on its application for author-ization shall be scheduled no earlierthan 30 days after the notice of hearingis published;

(6) Briefly outline the fundamentalaspects of the State program; and

(7) Identify a person that an inter-ested member of the public may con-tact with any questions.

(b) If the proposed State program issubstantially modified after the publiccomment period provided in paragraph(a)(4) of this section, the State shall,prior to submitting its program to theAdministrator, provide an opportunityfor further public comment in accord-ance with the procedures of paragraph(a) of this section. Provided, that theopportunity for further public com-ment may be limited to those portionsof the State’s application which havebeen changed since the prior public no-tice.

(c) After complying with the require-ments of paragraphs (a) and (b) of thissection, the State may submit, in ac-cordance with § 271.5, a proposed pro-

gram to EPA for approval. Such formalsubmission may only be made after thedate of promulgation of the last com-ponent of Phase II. The program sub-mission shall include copies of all writ-ten comments received by the State, atranscript, recording, or summary ofany public hearing which was held bythe State, and a responsiveness sum-mary which identifies the public par-ticipation activities conducted, de-scribes the matters presented to thepublic, summarizes significant com-ments received and responds to thesecomments.

(d) Within 90 days from the date ofreceipt of a complete program submis-sion for final authorization, the Ad-ministrator shall make a tentative de-termination as to whether or not he ex-pects to grant authorization to theState program. If the Administratorindicates that he may not approve theState program he shall include a gen-eral statement of his areas of concern.The Administrator shall give notice ofthis tentative determination in theFEDERAL REGISTER and in accordancewith paragraph (a)(1) of this section.Notice of the tentative determinationof authorization shall also:

(1) Indicate that a public hearing willbe held by EPA no earlier than 30 daysafter notice of the tentative deter-mination of authorization. The noticemay require persons wishing to presenttestimony to file a request with theRegional Administrator, who may can-cel the public hearing if sufficient pub-lic interest in a hearing is not ex-pressed.

(2) Afford the public 30 days after thenotice to comment on the State’s sub-mission and the tentative determina-tion; and

(3) Note the availability of the Statesubmission for inspection and copyingby the public.

(e) Within 90 days of the notice givenpursuant to paragraph (d) of this sec-tion, the Administrator shall make afinal determination whether or not toapprove the State’s program, takinginto account any comments submitted.The Administrator shall give notice ofthis final determination in the FED-ERAL REGISTER and in accordance with


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40 CFR Ch. I (7–1–98 Edition)§ 271.21

paragraph (a)(1) of this section. The no-tification shall include a concise state-ment of the reasons for this determina-tion, and a response to significant com-ments received.

[48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30,1983, as amended at 60 FR 33914, June 29, 1994]

§ 271.21 Procedures for revision ofState programs.

(a) Either EPA or the approved Statemay initiate program revision. Pro-gram revision may be necessary whenthe controlling Federal or State statu-tory or regulatory authority is modi-fied or supplemented. The State shallkeep EPA fully informed of any pro-posed modifications to its basic statu-tory or regulatory authority, its forms,procedures, or priorities.

(b) Revision of a State program shallbe accomplished as follows:

(1) The State shall submit a modifiedprogram description, Attorney Gen-eral’s statement, Memorandum ofAgreement, or such other documents asEPA determines to be necessary underthe circumstances.

(2) The Administrator shall approveor disapprove program revisions basedon the requirements of this part and ofthe Act. In approving or disapprovingprogram revisions, the Administratorshall follow the procedures of para-graph (b)(3) or (4) of this section.

(3) The procedures for an immediatefinal publication of the Administra-tor’s decision are as follows:

(i) The Administrator shall issue pub-lic notice of his approval or dis-approval of a State program revision:

(A) In the FEDERAL REGISTER;(B) In enough of the largest news-

papers in the State to attract State-wide attention; and

(C) By mailing to persons on theState agency mailing list and to anyother persons whom the agency hasreason to believe are interested.

(ii) The public notice shall summa-rize the State program revision, indi-cate whether EPA intends to approveor disapprove the revision and providefor an opportunity to comment for aperiod of 30 days.

(iii) Approval or disapproval of aState program revision shall becomeeffective 60 days after the date of publi-cation in the FEDERAL REGISTER in ac-

cordance with paragraph (b)(3)(i) ofthis section, unless an adverse com-ment pertaining to the State revisiondiscussed in the notice is received bythe end of the comment period. If anadverse comment is received the Ad-ministrator shall so notify the Stateand shall, within 60 days after the dateof publication, publish in the FEDERALREGISTER either:

(A) A withdrawal of the immediatefinal decision; or

(B) A notice containing a response tocomments and which either affirmsthat the immediate final decisiontakes effect or reverses the decision.

(4) The procedures for proposed andfinal publication of the Administra-tor’s decision are as follows:

(i) The Administrator shall issue pub-lic notice of his proposed approval ordisapproval of a State program revi-sion:

(A) In the FEDERAL REGISTER;(B) In enough of the largest news-

papers in the State to attract State-wide attention; and

(C) By mailing to persons on theState agency mailing list and to anyother persons whom the agency hasreason to believe are interested.

(ii) The public notice shall summa-rize the State program revision, indi-cate whether EPA intends to approveor disapprove the revision and providefor an opportunity to comment for aperiod of at least 30 days.

(iii) A State program revision shallbecome effective when the Administra-tor’s final approval is published in theFEDERAL REGISTER.

(c) States with approved programsshall notify EPA whenever they pro-pose to transfer all or part of any pro-gram from the approved State agencyto any other State agency, and shallidentify any new division of respon-sibilities among the agencies involved.The new agency is not authorized toadminister the program until approvedby the Administrator under paragraph(b) of this section. Organizationalcharts required under § 271.6(b) shall berevised and resubmitted.

(d) Whenever the Administrator hasreason to believe that circumstanceshave changed with respect to a Stateprogram, he may request, and the


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State shall provide, a supplemental At-torney General’s statement, programdescription, or such other documentsor information as are necessary.

(e)(1) As the Federal programchanges, authorized State programsmust be revised to remain in compli-ance with this subpart.

(2) Federal program changes are de-fined for purposes of this section aspromulgated amendments to 40 CFRparts 124, 270, 260–266, or 268 and anyself-implementing statutory provisions(i.e., those taking effect without priorimplementing regulations) which arelisted as State program requirementsin this subpart. States must modifytheir programs to reflect Federal pro-gram changes and must subsequentlysubmit the modifications to EPA forapproval.

(i) For Federal program changes oc-curring before July 1, 1984, the Stateprogram must be modified within oneyear of the date of the Federal programchange.

(ii) Except as provided in paragraphs(e) (iii) and (iv) of this section, for Fed-eral program changes occurring on orafter July 1, 1984, the State programmust be modified by July 1 of eachyear to reflect all changes to the Fed-eral program occurring during the 12months preceding the previous July 1.(For example, States must modifytheir programs by July 1, 1986 to re-flect all changes from July 1, 1984 toJune 30, 1985.)

(iii) For Federal program changesidentified in § 271.1(j) that occur be-tween November 8, 1984 and June 30,1987 (inclusive), the State programmust be modified by July 1, 1989.

(iv) For Federal program changesidentified in § 271.1(j) that occur be-tween July 1, 1987 and June 30, 1990 (in-clusive), the State program must bemodified by July 1, 1991.

(v) States may have an additionalyear to modify their programs forthose changes to the Federal programidentified in paragraphs (e) (i), (ii),(iii), and (iv) of this section which ne-cessitate a State statutory amend-ment.

(3) The deadlines in paragraphs(e)(2)(i) through (v) may be extended bythe Regional Administrator upon anadequate demonstration by a State

that it has made a good faith effort tomeet these deadlines and that its legis-lative or rulemaking procedures renderthe State unable to do so. No such ex-tension shall exceed six months.

(4)(i) Within 30 days of the comple-tion of the State program modificationthe State must submit to EPA a copyof the program change and a scheduleindicating when the State intends toseek approval of the change. Suchschedule shall not exceed the dates pro-vided for in paragraph (e)(4)(ii).

(ii) Within 60 days of the appropriatedeadline in paragraphs (e), (f), and (g)of this section, the State must submitto EPA the documentation described inparagraph (b) of this section to reviseits program.

(f) A State must modify its programto comply with any Federal programchanges which occur prior to the daythat final authorization is received, ex-cept for those changes that the Statehas already received authorization forpursuant to § 271.3(f). Such State pro-gram modifications must be completedand submitted by the deadlinesspeciflines specified in paragraph (e) ofthis section or by the date of final au-thorization, whichever is later.

(g)(1) States that are unable to mod-ify their programs by the deadlines inparagraph (e) may be placed on aschedule of compliance to adopt theprogram revision(s) provided that:

(i) The State has received an exten-sion of the program modification dead-line under paragraph (e)(3) and hasmade dils to revise its program duringthat period of time,

(ii) The State has made progress inadopting the program modifications,

(iii) The State submits a proposedtimetable for the requisite regulatoryand/or statutory revisions by the dead-line granted under paragraph (e)(3),

(iv) The schedule of compliance forprogram revisions does not exceed oneyear from the extended program modi-fication deadline under paragraph(e)(3), and

(v) The schedule of compliance ispublished in the FEDERAL REGISTER.


364

40 CFR Ch. I (7–1–98 Edition)§ 271.22

(2) If a State fails to comply with theschedule of compliance, the Adminis-trator may initiate program with-drawal procedures pursuant to §§ 271.22and 271.23.

[48 FR 14248, Apr. 1, 1983, as amended at 51FR 7542, Mar. 4, 1986; 51 FR 33722, Sept. 22,1986]

§ 271.22 Criteria for withdrawing ap-proval of State programs.

(a) The Administrator may withdrawprogram approval when a State pro-gram no longer complies with the re-quirements of this subpart, and theState fails to take corrective action.Such circumstances include the follow-ing:

(1) When the State’s legal authorityno longer meets the requirements ofthis part, including:

(i) Failure of the State to promulgateor enact new authorities when nec-essary; or

(ii) Action by a State legislature orcourt striking down or limiting Stateauthorities.

(2) When the operation of the Stateprogram fails to comply with the re-quirements of this part, including:

(i) Failure to exercise control overactivities required to be regulatedunder this part, including failure toissue permits;

(ii) Repeated issuance of permitswhich do not conform to the require-ments of this part; or

(iii) Failure to comply with the pub-lic participation requirements of thispart.

(3) When the State’s enforcementprogram fails to comply with the re-quirements of this part, including:

(i) Failure to act on violations of per-mits or other program requirements;

(ii) Failure to seek adequate enforce-ment penalties or to collect adminis-trative fines when imposed; or

(iii) Failure to inspect and monitoractivities subject to regulation.

(4) When the State program fails tocomply with the terms of the Memo-randum of Agreement required under§ 271.8.

§ 271.23 Procedures for withdrawingapproval of State programs.

(a) A State with a program approvedunder this part may voluntarily trans-

fer program responsibilities requiredby Federal law to EPA by taking thefollowing actions, or in such othermanner as may be agreed upon withthe Administrator.

(1) The State shall give the Adminis-trator 180 days notice of the proposedtransfer and shall submit a plan for theorderly transfer of all relevent programinformation not in the possession ofEPA (such as permits, permit files,compliance files, reports, permit appli-cations) which are necessary for EPAto administer the program.

(2) Within 60 days of receiving the no-tice and transfer plan, the Adminis-trator shall evaluate the State’s trans-fer plan and shall identify any addi-tional information needed by the Fed-eral government for program adminis-tration and/or identify any other defi-ciencies in the plan.

(3) At least 30 days before the trans-fer is to occur the Administrator shallpublish notice of the transfer in theFEDERAL REGISTER and in enough ofthe largest newspapers in the State toprovide Statewide coverage, and shallmail notice to all permit holders, per-mit applicants, other regulated personsand other interested persons on appro-priate EPA and State mailing lists.

(b) The following procedures applywhen the Administrator orders thecommencement of proceedings to de-termine whether to withdraw approvalof a State program.

(1) Order. The Administrator mayorder the commencement of with-drawal proceedings on his or her owninitiative or in response to a petitionfrom an interested person alleging fail-ure of the State to comply with the re-quirements of this part as set forth in§ 271.22. The Administrator shall re-spond in writing to any petition tocommence withdrawal proceedings. Hemay conduct an informal investigationof the allegations in the petition to de-termine whether cause exists to com-mence proceedings under this para-graph. The Administrator’s order com-mencing proceedings under this para-graph shall fix a time and place for thecommencement of the hearing andshall specify the allegations againstthe State which are to be considered atthe hearing. Within 30 days the Stateshall admit or deny these allegations


365


in a written answer. The party seekingwith drawal of the State’s programshall have the burden of coming for-ward with the evidence in a hearingunder this paragraph.

(2) Definitions. For purposes of thisparagraph the definitions of Act, Ad-ministrative Law Judge, Hearing, HearingClerk, and Presiding Officer in 40 CFR22.03 apply in addition to the following:

(i) Party means the petitioner, theState, the Agency and any other per-son whose request to participate as aparty is granted.

(ii) Person means the Agency, theState and any individual or organiza-tion having an interest in the subjectmatter of the proceeding.

(iii) Petitioner means any personwhose petition for commencement ofwithdrawal proceedings has been grant-ed by the Administrator.

(3) Procedures. The following provi-sions of 40 CFR part 22 (ConsolidatedRules of Practice) are applicable toproceedings under this paragraph:

(i) Section 22.02—(use of number/gen-der);

(ii) Section 22.04(c)—(authorities ofPresiding Officer);

(iii) Section 22.06—(filing/service ofrulings and orders);

(iv) Section 22.07 (a) and (b)—exceptthat, the time for commencement ofthe hearing shall not be extended be-yond the date set in the Administra-tor’s order without approval of the Ad-ministrator (computation/extension oftime);

(v) Section 22.08—however, substitute‘‘order commencing proceedings’’ for‘‘complaint’’—(Ex Parte contacts);

(vi) Section 22.09—(examination offiled documents);

(vii) Section 22.11 (a), (c) and (d),however, motions to intervene must befiled 15 days from the date the notice ofthe Administrator’s order is first pub-lished—(intervention);

(viii) Section 22.16 except that, serv-ice shall be in accordance with para-graph (b)(4) of this section, the firstsentence in § 22.16(c) shall be deleted,and, the word ‘‘recommended’’ shall besubstituted for the word ‘‘initial’’ in§ 22.16(c)—(motions);

(ix) Section 22.19 (a), (b) and (c)—(prehearing conference);

(x) Section 22.22—(evidence);

(xi) Section 22.23—(objections/offersof proof);

(xii) Section 22.25—(filing the tran-script); and

(xiii) Section 22.26—(findings/conclu-sions).

(4) Record of proceedings. (i) The hear-ing shall be either stenographically re-ported verbatim or tape recorded, andthereupon transcribed by an official re-porter designated by the Presiding Offi-cer;

(ii) All orders issued by the PresidingOfficer, transcripts of testimony, writ-ten statements of position, stipula-tions, exhibits, motions, briefs, andother written material of any kind sub-mitted in the hearing shall be a part ofthe record and shall be available for in-spection or copying in the Office of theHearing Clerk, 401 M Street SW., Wash-ington, DC 20460;

(iii) Upon notice to all parties thePresiding Officer may authorize correc-tions to the transcript which involvematters of substance;

(iv) An original and two (2) copies ofall written submissions to the hearingshall be filed with the Hearing Clerk;

(v) A copy of each such submissionshall be served by the person makingthe submission upon the Presiding Offi-cer and each party of record. Serviceunder this paragraph shall take placeby mail or personal delivery;

(vi) Every submission shall be accom-panied by an acknowledgement of serv-ice by the person served or proof ofservice in the form of a statement ofthe date, time, and manner of serviceand the names of the persons served,certified by the person who made serv-ice; and

(vii) The Hearing Clerk shall main-tain and furnish to any person upon re-quest, a list containing the name, serv-ice address, and telephone number ofall parties and their attorneys or dulyauthorized representatives.

(5) Participation by a person not aparty. A person who is not a party may,at the discretion of the Presiding Offi-cer, be permitted to make a limited ap-pearance by makng an oral or writtenstatement of his/her position on theissues within such limits and on suchconditions as may be fixed by the Pre-siding Officer, but he/she may not oth-erwise participate in the proceeding.


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40 CFR Ch. I (7–1–98 Edition)§ 271.24

(6) Rights of parties. All parties to theproceeding may;

(i) Appear by counsel or other rep-resentative in all hearing and pre-hear-ing proceedings;

(ii) Agree to stipulations of factswhich shall be made a part of therecord.

(7) Recommended decision. (i) Within 30days after the filing of proposed find-ings and conclusions, and reply briefs,the Presiding Officer shall evaluate therecord before him/her, the proposedfindings and conclusions and any briefsfiled by the parties and shall prepare arecommended decision, and shall cer-tify the entire record, including therecommended decision, to the Adminis-trator.

(ii) Copies of the recommended deci-sion shall be served upon all parties.

(iii) Within 20 days after the certifi-cation and filing of the record and rec-ommended decision, all parties mayfile with the Administrator exceptionsto the recommended decision and asupporting brief.

(8) Decision by Administrator. (i) With-in 60 days after the certification of therecord and filing of the Presiding Offi-cer’s recommended decision, the Ad-ministrator shall review the record be-fore him and issue his own decision.

(ii) If the Administrator concludesthat the State has administered theprogram in conformity with the Actand regulations his decision shall con-stitute ‘‘final agency action’’ withinthe meaning of 5 U.S.C. 704.

(iii) If the Administrator concludesthat the State has not administeredthe program in conformity with theAct and regulations he shall list thedeficiencies in the program and providethe State a reasonable time, not to ex-ceed 90 days, to take such appropriatecorrective action as the Administratordetermines necessary.

(iv) Within the time prescribed bythe Administrator the State shall takesuch appropriate corrective action asrequired by the Administrator andshall file with the Administrator andall parties a statement certified by theState Director that appropriate correc-tive action has been taken.

(v) The Administrator may require afurther showing in addition to the cer-

tified statement that corrective actionhas been taken.

(vi) If the State fails to take appro-priate corrective action and file a cer-tified statement thereof within thetime prescribed by the Administrator,the Administrator shall issue a supple-mentary order withdrawing approval ofthe State program. If the State takesappropriate corrective action, the Ad-ministrator shall issue a supple-mentary order stating that approval ofauthority is not withdrawn.

(vii) The Administrator’s supple-mentary order shall constitute finalAgency action within the meaning of 5U.S.C. 704.

(c) Withdrawal of authorizationunder this section and the Act does notrelieve any person from complyingwith the requirements of State law,nor does it affect the validity of ac-tions by the State prior to withdrawal.

§ 271.24 Interim authorization undersection 3006(g) of RCRA.

(a) Any State which is applying foror has been granted final authorizationpursuant to section 3006(b) of RCRAmay submit to the Administrator evi-dence that its program contains (or hasbeen amended to include) any require-ment which is substantially equivalentto a requirement identified in § 271.1(j)of this part. Such a State may requestinterim authorization under section3006(g) of RCRA to carry out the Staterequirement in lieu of the Adminis-trator carrying out the Federal re-quirement.

(b) The applications shall be gov-erned by the procedures for programrevisions in § 271.21(b) of this part.

(c) Interim authorization pursuant tothis section expires on January 1, 2003.

[57 FR 60132, Dec. 18, 1992]

§ 271.25 HSWA requirements.

Unless otherwise provided in part 271,the State program shall have standardsat least as stringent as the require-ments and prohibitions that havetaken effect under the Hazardous andSolid Waste Amendments of 1984(HSWA).

[51 FR 33723, Sept. 22, 1986]


367


§ 271.26 Requirements for used oilmanagement.

The State shall have standards forused oil management which are equiva-lent to 40 CFR part 279. These stand-ards shall include:

(a) Standards for used oil generatorswhich are equivalent to those undersubpart C of part 279 of this chapter;

(b) Standards for used oil collectioncenters and aggregation points whichare equivalent to those under subpartD of part 279 of this chapter;

(c) Standards for used oil transport-ers and transfer facilities which areequivalent to those under subpart E ofpart 279 of this chapter;

(d) Standards for used oil processorsand re-refiners which are equivalent tothose under subpart F of part 279 ofthis chapter;

(e) Standards for used oil burnerswho burn off-specification used oil forenergy recovery which are equivalentto those under subpart G of part 279 ofthis chapter;

(f) Standards for used oil fuel mar-keters which are equivalent to thoseunder subpart H of part 279 of thischapter; and

(g) Standards for use as a dust sup-pressant and disposal of used oil whichare equivalent to those under subpart Iof part 279 of this chapter. A State maypetition (e.g., as part of its authoriza-tion petition submitted to EPA under§ 271.5) EPA to allow the use of used oil(that is not mixed with hazardouswaste and does not exhibit a char-acteristic other than ignitability) as adust suppressant. The State must showthat it has a program in place to pre-vent the use of used oil/hazardouswaste mixtures or used oil exhibiting acharacteristic other than ignitabilityas a dust suppressant. In addition, suchprograms must minimize the impactsof use as a dust suppressant on the en-vironment.

(h)(1) Unless otherwise provided inpart 271, state programs shall havestandards for the marketing and burn-ing of used oil for energy recovery thatare at least as stringent as the require-ments and prohibitions that EPAadopted on November 29, in 40 CFRpart 266, subpart E of this chapter. Thepart 279 of this chapter requirementsspecified in Table 1 (except those provi-

sions identified in footnotes 1 and 2 ofTable 1) are Federally enforceable inthose states that have not adoptedstate requirements equivalent to 40CFR part 279, subparts G and H of thischapter requirements and have notbeen authorized to enforce the state re-quirements.

TABLE 1.—REGULATIONS ADOPTED NOVEMBER29, 1985 REGARDING THE BURNING OF USEDOIL FOR ENERGY RECOVERY

[These part 279 provisions will continue to be enforced byEPA]

Former provisions of 40 CFRpart 266, subpart E (1992)

Recodified provisions within40 CFR part 279

Sec. 266.40(a) ....................... Sec. 279.60(a)Sec. 266.40(b) ....................... Sec. 279.1 1

Sec. 266.40(c) [rebuttablepresumption].

Sec. 279.63(a), (b) and (c) 2

Sec. 266.40(d)(1) and (2) ...... Sec. 279.10(b)(2) and (3)Sec. 266.40(e) ....................... Sec. 279.11

Sec. 279.60(c)Sec. 266.41(a)(1) and (2) ...... Sec. 279.71266.41(b)(1) and (2) .............. Sec. 279.61(a)

279.23(a)Sec. 266.42(a) ....................... Sec. 279.60(a)Sec. 266.42(b) ....................... Sec. 279.70(a)Sec. 266.42(c) ....................... Sec. 279.60(a)Sec. 266.43(a)(1) ................... Sec. 279.70(a) and (b)(1)Sec. 266.43(a)(2) ................... Sec. 279.70(b)(2)Sec. 266.43(b)(1) ................... Sec. 279.72(a)Sec. 266.43(b)(2) ................... Sec. 279.71Sec. 266.43(b)(3) ................... Sec. 279.73(a)Sec. 266.43(b)(4)(i–v) ............ Sec. 279.74(a)Sec. 266.43(b)(4)(vi) .............. not includedSec. 266.43(b)(5)(i) and (ii) ... Sec. 279.75(a)Sec. 266.43(b)(6)(i) ............... Sec. 279.74(b) and (c)

279.72(b)Sec. 266.43(b)(6)(ii) ............... Sec. 279.74(a)

Sec. 279.75(b)Sec. 266.44(a) ....................... Sec. 279.61(a)

Sec. 279.23(a)Sec. 266.44(b) ....................... Sec. 279.62(a)Sec. 266.44(c) ....................... Sec. 279.66(a)Sec. 266.44(d) ....................... Sec. 279.72(a)Sec. 266.44(e) ....................... Sec. 279.65(a) and (b)

Sec. 279.66(b)Sec. 279.72(b)

1 Contains additional new definitions that were not includedin the 1985 rule.

2 Paragraphs (c)(1) and (2) of § 279.63 contain new exemp-tions from the rebuttable presumption that were not part of the1985 rule.

(2) In states that have not been au-thorized for the RCRA base program,all requirements of Part 279 will beFederally enforceable effective March8, 1993.

[57 FR 41612, Sept. 10, 1992, as amended at 58FR 26424, May 3, 1993]


368

40 CFR Ch. I (7–1–98 Edition)Pt. 272

Subpart B [Reserved]

PART 272—APPROVED STATE HAZ-ARDOUS WASTE MANAGEMENTPROGRAMS

Subpart A—General Provisions

Sec.272.1 Purpose and scope.272.2 Incorporation by reference.272.3—272.49 [Reserved]

Subpart B—Alabama

272.50—272.99 [Reserved]

Subpart C—Alaska

272.100—272.149 [Reserved]

Subpart D—Arizona

272.150 [Reserved]272.151 Arizona State-Administered Pro-

gram: Final Authorization.272.152—272.199 [Reserved]

Subpart E—Arkansas

272.200 [Reserved]272.201 Arkansas State-Administered Pro-


Subpart F—California

272.250—272.299 [Reserved]

Subpart G—Colorado

272.300—272.349 [Reserved]

Subpart H—Connecticut

272.350—272.399 [Reserved]

Subpart I—Delaware

272.400 State authorization.272.401 State-administered program: Final

authorization.272.402—272.449 [Reserved]

Subpart J—District of Columbia

272.450—272.499 [Reserved]

Subpart K—Florida

272.500 [Reserved]272.501 Florida State-Administered Pro-


Subpart L—Georgia

272.550—272.599 [Reserved]

Subpart M—Hawaii

272.600—272.649 [Reserved]

Subpart N—Idaho

272.650 State authorization.272.651 State-administered program: Final


Subpart O—Illinois

272.700 State authorization.272.701 State–administered program: Final


Subpart P—Indiana



Subpart Q—Iowa

272.800—272.849 [Reserved]

Subpart R—Kansas

272.850—272.899 [Reserved]

Subpart S—Kentucky

272.900—272.949 [Reserved]

Subpart T—Louisiana

272.950 [Reserved]272.951 Louisiana State-Administered Pro-


Subpart U—Maine

272.1000—272.1049 [Reserved]

Subpart V—Maryland

272.1050—272.1099 [Reserved]

Subpart W—Massachusetts

272.1100—272.1149 [Reserved]

Subpart X—Michigan



Subpart Y—Minnesota

272.1200 [Reserved]272.1201 Minnesota State administrated pro-

gram: Final authorization.272.1202—272.1249 [Reserved]


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