§6926 Authorized State hazardous waste programs

Summary

The EPA Administrator must write guidelines to help States make hazardous waste programs. Those guidelines had to be done within 18 months after October 21, 1976, and the Administrator must talk with State officials before making them. A State can ask the Administrator to run its own hazardous waste program instead of the federal one. The State must give notice and hold a public hearing before applying. The Administrator must say within 90 days after the State applies whether he expects to approve the program. Then, within 90 days after that notice (and after a chance for another public hearing), the Administrator must decide if the State program meets three tests: it is as strong as the federal program, it is consistent with programs in other States, and it enforces the rules well. If those tests are met, the State can issue and enforce permits instead of the federal government. The Administrator may compare the State rules to the federal rules in effect either one year before the State applied or on January 26, 1983, whichever is later. States that already had programs in place before the date 90 days after EPA issued rules under sections 6922–6925 could ask for temporary (interim) authorization. Interim authorization lasts no later than January 31, 1986, and the Administrator will set an expiration date by rule. States may help apply the Hazardous and Solid Waste Amendments of 1984, but until a State’s program is updated and authorized for those 1984 changes, the Administrator can issue or deny the affected permits and will work with the State on procedures. Actions taken by an authorized State have the same effect as federal actions. If, after a public hearing, the Administrator finds a State is not enforcing its authorized program, he will notify the State and give up to 90 days to fix the problems; if not fixed, he will withdraw authorization and put a federal program in place, explaining the reasons publicly first. A State program cannot be approved unless the State makes information about hazardous waste sites and facilities available to the public in basically the same way the federal government would. Rules added by the 1984 Amendments take effect in authorized States on the same date as elsewhere unless the State gets final or interim authorization for those specific requirements. Used oil that is regulated under section 6935 but not listed as hazardous waste is covered by these same State program rules.