§2684 Authorized State Programs

Summary

States may ask to run their own programs that follow the rules in sections 2682 or 2686. To do that, a State must give notice, hold a public hearing, and send an application to the Administrator in the required form. A State can also say at that time that its program meets two tests: it is at least as protective of health and the environment as the Federal rules and it has enough enforcement. If the State makes that certification when it applies, the State program counts as authorized right away unless the Administrator disapproves it. The Administrator has 180 days after getting the application to approve or disapprove it. If a State’s authorized program later fails to follow the required standards, the Administrator will tell the State and give a reasonable time, not more than 180 days, to fix the problems. If the State does not fix them, the Administrator must withdraw authorization and set up a Federal program. The Administrator must create a model State program within 18 months after October 28, 1992, and may give grants to help States run authorized programs. States may adopt stricter rules if they want, and governments should avoid requiring more than one certification for a contractor. If a State does not have an authorized program within 2 years after the Federal rules are created, the Administrator must run a Federal program for that State.