Title 42, The Public Health and WelfareRelease 119-110
§6926 Authorized State Hazardous Waste Programs
Title 42 › CHAPTER 82 — SOLID WASTE DISPOSAL › SUBCHAPTER III — HAZARDOUS WASTE MANAGEMENT › § 6926
Summary
The Administrator must write guidelines within eighteen months after October 21, 1976 to help States build hazardous waste programs. A State can ask to run its own program instead of the Federal one. The State must give notice and a chance for public hearings, then send an application in the form the Administrator requires. After a State applies, the Administrator has 90 days to say if he expects to approve it, and then another 90 days (after a hearing) to decide if the State program is acceptable. He will check three things: whether the State’s rules are as strong as the Federal rules, whether they fit with rules used in other States, and whether the State can enforce the rules. The Administrator may use the Federal rules from either one year before the State applied or from January 26, 1983, whichever is later. If a State already had a program before the regulations took effect, it can ask for temporary (interim) approval by showing its program is basically equal to the Federal program. If approved, interim authorization can run no later than January 31, 1986, and the Administrator will set the exact expiration date. While State programs are being updated for the Hazardous and Solid Waste Amendments of 1984, the Administrator can work with States and may directly issue or deny permits for parts affected by those 1984 changes. State actions under an approved program count the same as Federal actions. If a State fails to run the program properly, the Administrator must notify the State, hold a hearing, and if the problem is not fixed within a reasonable time (no more than 90 days), he may withdraw approval and run a Federal program instead. A State cannot be approved unless it makes information about hazardous waste facilities available to the public in basically the same way the Federal program would. The rules above also apply to used oil regulated under section 6935 even if that oil is not listed as hazardous waste.
Full Legal Text
Title 42, §6926
The Public Health and Welfare, Source: USLM XML via OLRC
(a)Federal guidelines
Not later than eighteen months after October 21, 1976, the Administrator, after consultation with State authorities, shall promulgate guidelines to assist States in the Development of State hazardous waste programs.
(b)Authorization of State program
Any State which seeks to administer and enforce a hazardous waste program pursuant to this subchapter may develop and, after notice and opportunity for public hearing, submit to the Administrator an application, in such form as he shall require, for authorization of such program. Within ninety days following submission of an application under this subsection, the Administrator shall issue a notice as to whether or not he expects such program to be authorized, and within ninety days following such notice (and after opportunity for public hearing) he shall publish his findings as to whether or not the conditions listed in items (1), (2), and (3) below have been met. Such State is authorized to carry out such program in lieu of the Federal program under this subchapter in such State and to issue and enforce permits for the storage, treatment, or disposal of hazardous waste (and to enforce permits deemed to have been issued under section 6935(d)(1) of this title) unless, within ninety days following submission of the application the Administrator notifies such State that such program may not be authorized and, within ninety days following such notice and after opportunity for public hearing, he finds that (1) such State program is not equivalent to the Federal program under this subchapter, (2) such program is not consistent with the Federal or State programs applicable in other States, or (3) such program does not provide adequate enforcement of compliance with the requirements of this subchapter. In authorizing a State program, the Administrator may base his findings on the Federal program in effect one year prior to submission of a State’s application or in effect on January 26, 1983, whichever is later.
(c)Interim authorization
(1)Any State which has in existence a hazardous waste program pursuant to State law before the date ninety days after the date of promulgation of regulations under section 6922, 6923, 6924, and 6925 of this title, may submit to the Administrator evidence of such existing program and may request a temporary authorization to carry out such program under this subchapter. The Administrator shall, if the evidence submitted shows the existing State program to be substantially equivalent to the Federal program under this subchapter, grant an interim authorization to the State to carry out such program in lieu of the Federal program pursuant to this subchapter for a period ending no later than January 31, 1986.
(2)The Administrator shall, by rule, establish a date for the expiration of interim authorization under this subsection.
(3)Pending interim or final authorization of a State program for any State which reflects the amendments made by the Hazardous and Solid Waste Amendments of 1984, the State may enter into an agreement with the Administrator under which the State may assist in the administration of the requirements and prohibitions which take effect pursuant to such Amendments.
(4)In the case of a State permit program for any State which is authorized under subsection (b) or under this subsection, until such program is amended to reflect the amendments made by the Hazardous and Solid Waste Amendments of 1984 and such program amendments receive interim or final authorization, the Administrator shall have the authority in such State to issue or deny permits or those portions of permits affected by the requirements and prohibitions established by the Hazardous and Solid Waste Amendments of 1984. The Administrator shall coordinate with States the procedures for issuing such permits.
(d)Effect of State permit
Any action taken by a State under a hazardous waste program authorized under this section shall have the same force and effect as action taken by the Administrator under this subchapter.
(e)Withdrawal of authorization
Whenever the Administrator determines after public hearing that a State is not administering and enforcing a program authorized under this section in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw authorization of such program and establish a Federal program pursuant to this subchapter. The Administrator shall not withdraw authorization of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal.
(f)Availability of information
No State program may be authorized by the Administrator under this section unless—
(1)such program provides for the public availability of information obtained by the State regarding facilities and sites for the treatment, storage, and disposal of hazardous waste; and
(2)such information is available to the public in substantially the same manner, and to the same degree, as would be the case if the Administrator was carrying out the provisions of this subchapter in such State.
(g)Amendments made by 1984 act
(1)Any requirement or prohibition which is applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste and which is imposed under this subchapter pursuant to the amendments made by the Hazardous and Solid Waste Amendments of 1984 shall take effect in each State having an interim or finally authorized State program on the same date as such requirement takes effect in other States. The Administrator shall carry out such requirement directly in each such State unless the State program is finally authorized (or is granted interim authorization as provided in paragraph (2)) with respect to such requirement.
(2)Any State which, before November 8, 1984, has an existing hazardous waste program which has been granted interim or final authorization under this section may submit to the Administrator evidence that such existing program contains (or has been amended to include) any requirement which is substantially equivalent to a requirement referred to in paragraph (1) and may request interim authorization to carry out that requirement under this subchapter. The Administrator shall, if the evidence submitted shows the State requirement to be substantially equivalent to the requirement referred to in paragraph (1), grant an interim authorization to the State to carry out such requirement in lieu of direct administration in the State by the Administrator of such requirement.
(h)State programs for used oil
In the case of used oil which is not listed or identified under this subchapter as a hazardous waste but which is regulated under section 6935 of this title, the provisions of this section regarding State programs shall apply in the same manner and to the same extent as such provisions apply to hazardous waste identified or listed under this subchapter.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 6935(d)(1) of this title, referred to in subsec. (b), was in the original a reference to section 3012(d)(1) of Pub. L. 89–272, which was renumbered section 3014(d)(1) of Pub. L. 89–272 by Pub. L. 98–616 and is classified to section 6935(d)(1) of this title. The Hazardous and Solid Waste
Amendments
of 1984, referred to in subsecs. (c)(3), (4) and (g), is Pub. L. 98–616, Nov. 8, 1984, 98 Stat. 3221, which amended this chapter. For complete classification of this Act to the Code, see
Short Title
of 1984 Amendment note set out under section 6901 of this title and Tables.
Amendments
1986—Subsec. (h). Pub. L. 99–499 added subsec. (h). 1984—Subsec. (b). Pub. L. 98–616, §§ 225, 241(b)(2), inserted “(and to enforce permits deemed to have been issued under section 6935(d)(1) of this title)”, and inserted provision at end that in authorizing a State program, the Administrator may base his findings on the Federal program in effect one year prior to submission of a State’s application or in effect on
January 26, 1983, whichever is later. Subsec. (c)(1). Pub. L. 98–616, § 227(1), (2), designated existing provisions as par. (1) and substituted “period ending no later than
January 31, 1986” for “twenty-four month period beginning on the date six months after the date of promulgation of
Regulations
under sections 6922 through 6925 of this title”. Subsec. (c)(2) to (4). Pub. L. 98–616, § 227(3), added pars. (2) to (4). Subsec. (f). Pub. L. 98–616, § 226(a), added subsec. (f). Subsec. (g). Pub. L. 98–616, § 228, added subsec. (g). 1978—Subsec. (c). Pub. L. 95–609 substituted “of” for “required for” wherever appearing and “may submit” for “submit”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1984 Amendment Pub. L. 98–616, title II, § 226(b), Nov. 8, 1984, 98 Stat. 3254, provided that: “The amendment made by subsection (a) [enacting subsec. (f) of this section] shall apply with respect to State programs authorized under section 3006 [this section] before, on, or after the date of enactment of the Hazardous and Solid Waste
Amendments
of 1984 [Nov. 8, 1984].”
Executive Documents
Transfer of Functions
For transfer of certain
Enforcement
functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 6926
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110