cfr_sections
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27 rows where agency = "EPA" and part_number = 271 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:29.0.1.1.5.1.47.1 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.1 Purpose and scope. | EPA | [48 FR 14248, Apr. 1, 1983] | (a) This subpart specifies the procedures EPA will follow in approving, revising, and withdrawing approval of State programs and the requirements State programs must meet to be approved by the Administrator under sections 3006(b), (f) and (h) of RCRA. (b) State submissions for program approval must be made in accordance with the procedures set out in this subpart. (c) The substantive provisions which must be included in State programs for them to be approved include requirements for permitting, compliance evaluation, enforcement, public participation, and sharing of information. Many of the requirements for State programs are made applicable to States by cross-referencing other EPA regulations. In particular, many of the provisions of parts 270 and 124 are made applicable to States by the references contained in § 271.14. (d) Upon receipt of a complete submission, EPA will conduct a public hearing, if interest is shown, and determine whether to approve or disapprove the program taking into consideration the requirements of this subpart, the Act and any comments received. (e) The Administrator shall approve State programs which conform to the applicable requirements of this subpart. (f) Except as provided in § 271.3(a)(3), upon approval of a State permitting program, the Administrator shall suspend the issuance of Federal permits for those activities subject to the approved State program. (g) Any State program approved by the Administrator shall at all times be conducted in accordance with the requirements of this subpart. (h) Partial State programs are not allowed for programs operating under RCRA final authorization. However, in many cases States will lack authority to regulate activities on Indian lands. This lack of authority does not impair a State's ability to obtain full program approval in accordance with this subpart, i.e., inability of a State to regulate activities on Indian lands does not constitute a partial program. EPA will administer the program on Indian lands if the State does not seek thi… | |||
| 40:40:29.0.1.1.5.1.47.10 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.10 Requirements for generators of hazardous wastes. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 48 FR 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 FR 43705, Sept. 4, 1991; 70 FR 10825, Mar. 4, 2005; 70 FR 59888, Oct. 13, 2005; 79 FR 7562, Feb. 7, 2014; 81 FR 85729, Nov. 28, 2016; 81 FR 85828, Nov. 28, 2016; 83 FR 462, Jan. 3, 2018; 88 FR 54115, Aug. 9, 2023; 89 FR 60736, July 26, 2024] | (a) The State program must cover all generators covered by 40 CFR part 262. States must require new generators to contact the State and obtain an EPA identification number before they perform any activity subject to regulation under the approved State hazardous waste program. (b) The State shall have authority to require and shall require all generators to comply with reporting and recordkeeping requirements equivalent to those under 40 CFR 262.40 and 262.41. States must require that generators keep these records at least 3 years. States that choose to receive electronic documents must include the requirements of 40 CFR Part 3—(Electronic reporting) in their Program (except that states that choose to receive electronic manifests and/or permit the use of electronic manifests must comply with any applicable requirements for e-manifest in this section of this section). (c) The State program must require that generators who accumulate hazardous wastes for short periods of time comply with requirements that are equivalent to the requirements for accumulating hazardous wastes for short periods of time under 40 CFR 262.15, 262.16, or 262.17. (d) The State program must require that generators comply with requirements that are equivalent to the requirements for the packaging, labeling, marking, and placarding of hazardous waste under 40 CFR 262.30 to 262.33, and are consistent with relevant DOT regulations under 49 CFR parts 172, 173, 178 and 179. (e) The State program shall provide requirements respecting international shipments which are equivalent to those at 40 CFR part 262 subpart H, other hazardous waste import and export regulations in 40 CFR parts 260, 262, 263, 264, 265, 266, 267 and 273, and exclusion conditions for export or import in 40 CFR part 261 to the extent that State has adopted such exclusion conditions, except that States shall not replace EPA or international references with State references. (f) The State must require that all generators of hazardous waste who transport (or offer for transport)… | |||
| 40:40:29.0.1.1.5.1.47.11 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.11 Requirements for transporters of hazardous wastes. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 51 FR 28686, Aug. 8, 1986; 51 FR 33722, Sept. 22, 1986; 70 FR 10825, Mar. 4, 2005; 70 FR 59888, Oct. 13, 2005; 79 FR 7563, Feb. 7, 2014; 81 FR 85729, Nov. 28, 2016] | (a) The State program must cover all transporters covered by 40 CFR part 263. New transporters must be required to contact the State and obtain an EPA identification number from the State before they accept hazardous waste for transport. (b) The State shall have authority to require and shall require all transporters to comply with reporting and recordkeeping requirements equivalent to those under 40 CFR 263.22. States must require that transporters keep these records at least 3 years. States that choose to receive electronic documents must include the requirements of 40 CFR Part 3—(Electronic reporting) in their Program (except that states that choose to receive electronic manifests and/or permit the use of electronic manifests must comply with any applicable requirements for e-manifest in this section of this section). (c)(1) The state must require the transporter to carry the manifest forms (EPA Forms 8700-22 and 8700-22A) during transport, or, where the electronic manifest is used and the U. S. Department of Transportation's Hazardous Materials Regulations, 49 CFR parts 171-180, require a paper shipping document on the transport vehicle, to carry one printed copy of the electronic manifest during transport, except in the case of shipments by rail or water, for which transporters may carry a shipping paper as specified in 40 CFR 263.20(e) and (f). (2) The State must require the transporter to deliver waste only to the facility designated on the manifest, which in the case of return shipments of rejected wastes or regulated container residues, may also include the original generator of the waste shipment. (3) The State program must provide requirements for shipments by rail or water equivalent to those under 40 CFR 263.20(e) and (f). (4) For exports of hazardous waste, the state must require the transporter to refuse to accept hazardous waste for export if the exporter has not provided: A manifest listing the consent numbers for the hazardous waste shipment; a movement document for shipments occurring unde… | |||
| 40:40:29.0.1.1.5.1.47.12 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.12 Requirements for hazardous waste management facilities. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 70 FR 10825, Mar. 4, 2005; 70 FR 59889, Oct. 13, 2005; 81 FR 85729, Nov. 28, 2016; 83 FR 462, Jan. 3, 2018; 89 FR 60736, July 26, 2024] | The State shall have standards for hazardous waste management facilities which are equivalent to 40 CFR parts 264 and 266. These standards shall include: (a) Technical standards for tanks, containers, waste piles, incineration, chemical, physical and biological treatment facilities, surface impoundments, landfills, and land treatment facilities; (b) Financial responsibility during facility operation; (c) Preparedness for and prevention of discharges or releases of hazardous waste; contingency plans and emergency procedures to be followed in the event of a discharge or release of hazardous waste; (d) Closure and post-closure requirements including financial requirements to ensure that money will be available for closure and post-closure monitoring and maintenance; (e) Groundwater monitoring; (f) Security to prevent unauthorized access to the facility; (g) Facility personnel training; (h) Inspections, monitoring, recordkeeping, and reporting. States that choose to receive electronic documents must include the requirements of 40 CFR Part 3—(Electronic reporting) in their Program (except that states that choose to receive electronic manifests and/or permit the use of electronic manifests must comply with paragraph (i) of this section); (i) Compliance with the manifest system including the requirement that facility owners or operators return a signed copy of the manifest: (1) To the generator to certify delivery of the hazardous waste shipment or to identify discrepancies; (2) To the EPA's e-Manifest system, in lieu of submitting a signed facility copy directly to either the origination state or the destination state; and (3) After listing the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from Item 9b, to EPA using the allowable methods listed in 40 CFR 262.84(b)(1) until the facility can submit such a copy to the e-Manifest system per 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v). (j… | |||
| 40:40:29.0.1.1.5.1.47.13 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.13 Requirements with respect to permits and permit applications. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 51 FR 33722, Sept. 22, 1986] | (a) State law must require permits for owners and operators of all hazardous waste management facilities required to obtain a permit under 40 CFR part 270 and prohibit the operation of any hazardous waste management facility without such a permit, except that States may, if adequate legal authority exists, authorize owners and operators of any facility which would qualify for interim status under the Federal program to remain in operation until a final decision is made on the permit application, or until interim status terminates pursuant to 40 CFR 270.73 (b) through (f). When State law authorizes such continued operation it shall require compliance by owners and operators of such facilities with standards at least as stringent as EPA's interim status standards at 40 CFR part 265. (b) The State must require all new HWM facilities to contact the State and obtain an EPA identification number before commencing treatment, storage, or disposal of hazardous waste. (c) All permits issued by the State shall require compliance with the standards adopted by the State under § 271.12. (d) All permits issued under State law prior to the date of approval of final authorization shall be reviewed by the State Director and modified or revoked and reissued to require compliance with the requirements of this part. | |||
| 40:40:29.0.1.1.5.1.47.14 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.14 Requirements for permitting. | EPA | [48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983] | All State programs under this subpart must have legal authority to implement each of the following provisions and must be administered in conformance with each; except that States are not precluded from omitting or modifying any provisions to impose more stringent requirements: (a) Section 270.1(c)(1)—(Specific inclusions); (b) Section 270.4—(Effect of permit); (c) Section 270.5—(Noncompliance reporting); (d) Section 270.10—(Application for a permit); (e) Section 270.11—(Signatories); (f) Section 270.12—(Confidential information); (g) Section 270.13—(Contents of part A); (h) Sections 270.14 through 270.29—(Contents of part B); States need not use a two part permit application process. The State application process must, however, require information in sufficient detail to satisfy the requirements of §§ 270.13 through 270.29. (i) Section 270.30—(Applicable permit conditions); (j) Section 270.31—(Monitoring requirements); (k) Section 270.32—(Establishing permit conditions); (l) Section 270.33—(Schedule of compliance); (m) Section 270.40—(Permit transfer); (n) Section 270.41—(Permit modification); (o) Section 270.43—(Permit termination); (p) Section 270.50—(Duration); (q) Section 270.60—(Permit by rule); (r) Section 270.61—(Emergency permits); (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)—(Modification 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)—(Public notice); (y) Section 124.11—(Public comments and requests for hearings); (z) Section 124.12(a)—(Public hearings); and (aa) Section 124.17 (a) and (c)—(Response to comments). States need not implement provisions identical to the above listed provisions. Implemented provisions must, however, establish requirements at least as stringent as the corresponding listed provisions. While States may impose more stringent requirements… | |||
| 40:40:29.0.1.1.5.1.47.15 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.15 Requirements for compliance evaluation programs. | EPA | (a) State programs shall have procedures for receipt, evaluation, retention and investigation for possible enforcement of all notices and reports required of permittees and other regulated persons (and for investigation for possible enforcement of failure to submit these notices and reports). (b) State programs shall have inspection and surveillance procedures to determine, independent of information supplied by regulated persons, compliance or noncompliance with applicable program requirements. The State shall maintain: (1) A program which is capable of making comprehensive surveys of all facilities and activities subject to the State Director's authority to identify persons subject to regulation who have failed to comply with permit application or other program requirements. Any compilation, index, or inventory of such facilities and activities shall be made available to the Regional Administrator upon request; (2) A program for periodic inspections of the facilities and activities subject to regulation. These inspections shall be conducted in a manner designed to: (i) Determine compliance or noncompliance with issued permit conditions and other program requirements; (ii) Verify the accuracy of information submitted by permittees and other regulated persons in reporting forms and other forms supplying monitoring data; and (iii) Verify the adequacy of sampling, monitoring, and other methods used by permittees and other regulated persons to develop that information; (3) A program for investigating information obtained regarding violations of applicable program and permit requirements; and (4) Procedures for receiving and ensuring proper consideration of information submitted by the public about violations. Public effort in reporting violations shall be encouraged, and the State Director shall make available information on reporting procedures. (c) The State Director and State officers engaged in compliance evaluation shall have authority to enter any site or premises subject to regulation or in which rec… | ||||
| 40:40:29.0.1.1.5.1.47.16 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.16 Requirements for enforcement authority. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 49 FR 7372, Feb. 29, 1984; 58 FR 26424, May 3, 1993; 59 FR 10559, Mar. 4, 1994; 63 FR 56735, Oct. 22, 1998] | (a) Any State agency administering a program shall have available the following remedies for violations of State program requirements: (1) To restrain immediately and effectively any person by order or by suit in State court from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment. This paragraph requires that States have a mechanism (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to stop any unauthorized activity endangering public health or the environment. (2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit; (3) To access or sue to recover in court civil penalties and to seek criminal remedies, including fines, as follows: (i) Civil penalties shall be recoverable for any program violation in at least the amount of $10,000 per day. (ii) Criminal remedies shall be obtainable against any person who knowingly transports any hazardous waste to an unpermitted facility; who treats, stores, or disposes of hazardous waste without a permit; who knowingly transports, treats, stores, disposes, recycles, causes to be transported, or otherwise handles any used oil regulated by EPA under section 3014 of RCRA that is not listed or identified as a hazardous waste under the state's hazardous waste program in violation of standards or regulations for management of such used oil; or who makes any false statement, or representation in any application, label, manifest, record, report, permit or other document filed, maintained, or used for purposes of program compliance (including compliance with any standards or regulations for used oil regulated by EPA under section 3014 of RCRA that is not listed or identified as hazardous waste). Criminal fines shall be recoverable in at least the amount of $10,000 per day for each violation, and imprisonment for at lea… | |||
| 40:40:29.0.1.1.5.1.47.17 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.17 Sharing of information. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 51 FR 33722, Sept. 22, 1986] | (a) Any information obtained or used in the administration of a State program shall be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing information under this subpart. Any information obtained from a State and subject to a claim of confidentiality will be treated in accordance with the regulations in 40 CFR part 2. If EPA obtains from a State information that is not claimed to be confidential, EPA may make that information available to the public without further notice. (b) EPA shall furnish to States with approved programs the information in its files not submitted under a claim of confidentiality which the State needs to implement its approved program. EPA shall furnish to States with approved programs information submitted to EPA under a claim of confidentiality, which the State needs to implement its approved program, subject to the conditions in 40 CFR part 2. (c)(1) The State program must provide for the public availability of information obtained by the State regarding facilities and sites for the treatment, storage, and disposal of hazardous waste. Such information must be made 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 Subtitle C of RCRA in the State. (2) A State must revise its program to comply with this section in accordance with § 271.21(e)(2)(ii). Interim authorization under § 271.24 is not available to demonstrate compliance with this section. | |||
| 40:40:29.0.1.1.5.1.47.18 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.18 Coordination with other programs. | EPA | (a) Issuance of State permits under this subpart may be coordinated, as provided in part 124, with issuance of UIC, NPDES, and 404 permits whether they are controlled by the State, EPA, or the Corps of Engineers. See § 124.4. (b) The State Director of any approved program which may affect the planning for and development of hazardous waste management facilities and practices shall consult and coordinate with agencies designated under section 4006(b) of RCRA (40 CFR part 255) as responsible for the development and implementation of State solid waste management plans under section 4002(b) of RCRA (40 CFR part 256). | ||||
| 40:40:29.0.1.1.5.1.47.19 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.19 EPA review of State permits. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 65 FR 30913, May 15, 2000] | (a) The Regional Administrator may comment on permit applications and draft permits as provided in the Memorandum of Agreement under § 271.8. (b) Where EPA indicates, in a comment, that issuance of the permit would be inconsistent with the approved State program, EPA shall include in the comment: (1) A statement of the reasons for the comment (including the section of RCRA or regulations promulgated thereunder that support the comment); and (2) The actions that should be taken by the State Director in order to address the comments (including the conditions which the permit would include if it were issued by the Regional Administrator). (c) A copy of any comment shall be sent to the permit applicant by the Regional Administrator. (d) The Regional Administrator shall withdraw such a comment when satisfied that the State has met or refuted his or her concerns. (e) Under section 3008(a)(3) of RCRA, EPA may terminate a State-issued permit or bring an enforcement action in accordance with the procedures of 40 CFR part 22 in the case of a violation of a State program requirement. In exercising these authorities, EPA will observe the following conditions: (1) The Regional Administrator may take action under section 3008(a)(3) of RCRA against a holder of a State-issued permit at any time on the ground that the permittee is not complying with a condition of that permit. (2) The Regional Administrator may take action under section 3008(a)(3) of RCRA against a holder of a State-issued permit at any time on the ground that the permittee is not complying with a condition that the Regional Administrator in commenting on the permit application or draft permit stated was necessary to implement approved State program requirements, whether or not that condition was included in the final permit. (3) The Regional Administrator may not take action under section 3008(a)(3) of RCRA against a holder of a State-issued permit on the ground that the permittee is not complying with a condition necessary to implement approved State p… | |||
| 40:40:29.0.1.1.5.1.47.2 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.2 Definitions. | EPA | The definitions in part 270 apply to all subparts of this part. | ||||
| 40:40:29.0.1.1.5.1.47.20 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.20 Approval process. | EPA | [48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 60 FR 33914, June 29, 1994] | (a) Prior to submitting an application to EPA for approval of a State program, the State shall issue public notice of its intent to seek program approval from EPA. This public notice shall: (1) Be circulated in a manner calculated to attract the attention of interested persons including: (i) Publication in enough of the largest newspapers in the State to attract statewide attention; and (ii) Mailing to persons on the State agency mailing list and to any other persons whom the agency has reason to believe are interested; (2) Indicate when and where the State's proposed submission may be reviewed by the public; (3) Indicate the cost of obtaining a copy of the submission; (4) Provide for a comment period of not less than 30 days during which time interested members of the public may express their views on the proposed program; (5) Provide that a public hearing will be held by the State or EPA if sufficient public interest is shown or, alternatively, schedule such a public hearing. Any public hearing to be held by the State on its application for authorization shall be scheduled no earlier than 30 days after the notice of hearing is published; (6) Briefly outline the fundamental aspects of the State program; and (7) Identify a person that an interested member of the public may contact with any questions. (b) If the proposed State program is substantially modified after the public comment period provided in paragraph (a)(4) of this section, the State shall, prior to submitting its program to the Administrator, provide an opportunity for further public comment in accordance with the procedures of paragraph (a) of this section. Provided, that the opportunity for further public comment may be limited to those portions of the State's application which have been changed since the prior public notice. (c) After complying with the requirements of paragraphs (a) and (b) of this section, the State may submit, in accordance with § 271.5, a proposed program to EPA for approval. Such formal submission may only be made … | |||
| 40:40:29.0.1.1.5.1.47.21 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.21 Procedures for revision of State programs. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 51 FR 7542, Mar. 4, 1986; 51 FR 33722, Sept. 22, 1986; 63 FR 65947, Nov. 30, 1998; 70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006; 74 FR 30231, June 25, 2009] | (a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The State shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities. (b) Revision of a State program shall be accomplished as follows: (1) The State shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances. (2) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Act. In approving or disapproving program revisions, the Administrator shall follow the procedures of paragraph (b)(3) or (4) of this section. (3) The procedures for an immediate final publication of the Administrator's decision are as follows: (i) The Administrator shall issue public notice of his approval or disapproval of a State program revision: (A) In the Federal Register; (B) In enough of the largest newspapers in the State to attract Statewide attention; and (C) By mailing to persons on the State agency mailing list and to any other persons whom the agency has reason to believe are interested. (ii) The public notice shall summarize the State program revision, indicate whether EPA intends to approve or disapprove the revision and provide for an opportunity to comment for a period of 30 days. (iii) Approval or disapproval of a State program revision shall become effective 60 days after the date of publication in the Federal Register in accordance with paragraph (b)(3)(i) of this section, unless an adverse comment pertaining to the State revision discussed in the notice is received by the end of the comment period. If an adverse comment is received the Administrator shall so notify the State and shall, within 60 days after the date of publication, publish in the Federa… | |||
| 40:40:29.0.1.1.5.1.47.22 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.22 Criteria for withdrawing approval of State programs. | EPA | (a) The Administrator may withdraw program approval when a State program no longer complies with the requirements of this subpart, and the State fails to take corrective action. Such circumstances include the following: (1) When the State's legal authority no longer meets the requirements of this part, including: (i) Failure of the State to promulgate or enact new authorities when necessary; or (ii) Action by a State legislature or court striking down or limiting State authorities. (2) When the operation of the State program fails to comply with the requirements of this part, including: (i) Failure to exercise control over activities required to be regulated under this part, including failure to issue permits; (ii) Repeated issuance of permits which do not conform to the requirements of this part; or (iii) Failure to comply with the public participation requirements of this part. (3) When the State's enforcement program fails to comply with the requirements of this part, including: (i) Failure to act on violations of permits or other program requirements; (ii) Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or (iii) Failure to inspect and monitor activities subject to regulation. (4) When the State program fails to comply with the terms of the Memorandum of Agreement required under § 271.8. | ||||
| 40:40:29.0.1.1.5.1.47.23 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.23 Procedures for withdrawing approval of State programs. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 71 FR 40280, July 14, 2006] | (a) A State with a program approved under this part may voluntarily transfer program responsibilities required by Federal law to EPA by taking the following actions, or in such other manner as may be agreed upon with the Administrator. (1) The State shall give the Administrator 180 days notice of the proposed transfer and shall submit a plan for the orderly transfer of all relevant program information not in the possession of EPA (such as permits, permit files, compliance files, reports, permit applications) which are necessary for EPA to administer the program. (2) Within 60 days of receiving the notice and transfer plan, the Administrator shall evaluate the State's transfer plan and shall identify any additional information needed by the Federal government for program administration and/or identify any other deficiencies in the plan. (3) At least 30 days before the transfer is to occur the Administrator shall publish notice of the transfer in the Federal Register and in enough of the largest newspapers in the State to provide Statewide coverage, and shall mail notice to all permit holders, permit applicants, other regulated persons and other interested persons on appropriate EPA and State mailing lists. (b) The following procedures apply when the Administrator orders the commencement of proceedings to determine whether to withdraw approval of a State program. (1) Order. The Administrator may order the commencement of withdrawal proceedings on his or her own initiative or in response to a petition from an interested person alleging failure of the State to comply with the requirements of this part as set forth in § 271.22. The Administrator shall respond in writing to any petition to commence withdrawal proceedings. He may conduct an informal investigation of the allegations in the petition to determine whether cause exists to commence proceedings under this paragraph. The Administrator's order commencing proceedings under this paragraph shall fix a time and place for the commencement of the hearing and … | |||
| 40:40:29.0.1.1.5.1.47.24 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.24 Interim authorization under section 3006(g) of RCRA. | EPA | [57 FR 60132, Dec. 18, 1992, as amended at 67 FR 3029, Jan. 22, 2002] | (a) Any State which is applying for or has been granted final authorization pursuant to section 3006(b) of RCRA may submit to the Administrator evidence that its program contains (or has been amended to include) any requirement which is substantially equivalent to a requirement identified in § 271.1(j) of this part. Such a State may request interim authorization under section 3006(g) of RCRA to carry out the State requirement in lieu of the Administrator carrying out the Federal requirement. (b) The applications shall be governed by the procedures for program revisions in § 271.21(b) of this part. (c) Interim authorization pursuant to this section expires on January 1, 2003, except that interim authorization for the revised Corrective Action Management Unit rule (except 40 CFR 264.555) promulgated on January 22, 2002 and cited in Table 1 in § 271.1 expires on August 30, 2004 if the State has not submitted an application for final authorization. | |||
| 40:40:29.0.1.1.5.1.47.25 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.25 HSWA requirements. | EPA | [51 FR 33723, Sept. 22, 1986] | Unless otherwise provided in part 271, the State program shall have standards at least as stringent as the requirements and prohibitions that have taken effect under the Hazardous and Solid Waste Amendments of 1984 (HSWA). | |||
| 40:40:29.0.1.1.5.1.47.26 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.26 Requirements for used oil management. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26424, May 3, 1993] | The State shall have standards for used oil management which are equivalent to 40 CFR part 279. These standards shall include: (a) Standards for used oil generators which are equivalent to those under subpart C of part 279 of this chapter; (b) Standards for used oil collection centers and aggregation points which are equivalent to those under subpart D of part 279 of this chapter; (c) Standards for used oil transporters and transfer facilities which are equivalent to those under subpart E of part 279 of this chapter; (d) Standards for used oil processors and re-refiners which are equivalent to those under subpart F of part 279 of this chapter; (e) Standards for used oil burners who burn off-specification used oil for energy recovery which are equivalent to those under subpart G of part 279 of this chapter; (f) Standards for used oil fuel marketers which are equivalent to those under subpart H of part 279 of this chapter; and (g) Standards for use as a dust suppressant and disposal of used oil which are equivalent to those under subpart I of part 279 of this chapter. A State may petition (e.g., as part of its authorization petition submitted to EPA under § 271.5) EPA to allow the use of used oil (that is not mixed with hazardous waste and does not exhibit a characteristic other than ignitability) as a dust suppressant. The State must show that it has a program in place to prevent the use of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of use as a dust suppressant on the environment. (h)(1) Unless otherwise provided in part 271, state programs shall have standards for the marketing and burning of used oil for energy recovery that are at least as stringent as the requirements and prohibitions that EPA adopted on November 29, in 40 CFR part 266, subpart E of this chapter. The part 279 of this chapter requirements specified in Table 1 (except those provisions identified in footnotes … | |||
| 40:40:29.0.1.1.5.1.47.27 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.27 Interim authorization-by-rule for the revised Corrective Action Management Unit rule. | EPA | [67 FR 3029, Jan. 22, 2002] | (a) States shall be deemed to have interim authorization pursuant to section 3006(g) of RCRA for the revised Corrective Action Management Unit rule if: (1) The State has been granted final authorization pursuant to section 3006(b) of RCRA for the regulation entitled “Corrective Action Management Units and Temporary Units,” February 16, 1993 and cited in Table 1 in § 271.1; and (2) The State notifies the Regional Administrator by March 25, 2002 that the State intends to and is able to use the revised Corrective Action Management Unit Standards rule as guidance. (b) Interim authorization pursuant to this section expires on August 30, 2004 if the State has not submitted an application for final authorization. | |||
| 40:40:29.0.1.1.5.1.47.3 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.3 Availability of final authorization. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 51 FR 33721, Sept. 22, 1986; 60 FR 33914, June 29, 1995; 79 FR 7562, Feb. 7, 2014; 83 FR 462, Jan. 3, 2018] | (a) Where a State program meets the requirements of section 3006 of RCRA and this subpart it may receive authorization for any provision of its program corresponding to a Federal provision in effect on the date of the State's authorization. (b) States approved under this subpart are authorized to administer and enforce their hazardous waste program in lieu of the Federal program, except as provided below: (1) Any requirement or prohibition which is applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste and which is imposed pursuant to the Hazardous and Solid Waste Amendments of 1984 takes effect in each State having a finally authorized State program on the same date as such requirement takes effect in other States. These requirements and prohibitions are identified in § 271.1(j). (2) The requirements and prohibitions in § 271.1(j) supersede any less stringent provision of a State program. The Administrator is authorized to carry out each such Federal requirement and prohibition in an authorized State except where, pursuant to section 3006(b) or 3006(g)(2) of RCRA, the State has received final or interim authorization to carry out the particular requirement or prohibition. Violations of Federal requirements and prohibitions effective in authorized States are enforceable under sections 3008, 3013 and 7003 of RCRA. (3) Until an authorized State program is revised to reflect the amendments made by the Hazardous and Solid Waste Amendments of 1984 and such program revisions receive final or interim authorization pursuant to section 3006(b) or 3006(g)(2) of RCRA, 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. (4) Any requirement imposed under the authority of the Hazardous Waste Electronic Manifest Establishment Act: (i) Shall take effect in each State having a finally authorized State program on the… | |||
| 40:40:29.0.1.1.5.1.47.4 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.4 Consistency. | EPA | [48 FR 14248, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 79 FR 7562, Feb. 7, 2014] | To obtain approval, a State program must be consistent with the Federal program and State programs applicable in other States and in particular must comply with the provisions below. For purposes of this section the phrase “State programs applicable in other States” refers only to those State hazardous waste programs which have received final authorization under this part. (a) Any aspect of the State program which unreasonably restricts, impedes, or operates as a ban on the free movement across the State border of hazardous wastes from or to other States for treatment, storage, or disposal at facilities authorized to operate under the Federal or an approved State program shall be deemed inconsistent. (b) Any aspect of State law or of the State program which has no basis in human health or environmental protection and which acts as a prohibition on the treatment, storage or disposal of hazardous waste in the State may be deemed inconsistent. (c) If the state manifest system does not meet the requirements of this part, the state program shall be deemed inconsistent. The state manifest system must further allow the use and recognize the validity of electronic manifests as described in § 260.10 of this chapter. | |||
| 40:40:29.0.1.1.5.1.47.5 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.5 Elements of a program submission. | EPA | (a) Any State that seeks to administer a program under this part shall submit to the Administrator at least three copies of a program submission. The submission shall contain the following: (1) A letter from the Governor of the State requesting program approval; (2) A complete program description, as required by § 271.6 describing how the State intends to carry out its responsibilities under this subpart; (3) An Attorney General's statement as required by § 271.7; (4) A Memorandum of Agreement with the Regional Administrator as required by § 271.8; (5) Copies of all applicable State statutes and regulations, including those governing State administrative procedures; and (6) The showing required by § 271.20(c) of the State's public participation activities prior to program submission. (b) Within 30 days of receipt by EPA of a State program submission, EPA will notify the State whether its submission is complete. If EPA finds that a State's submission is complete, the statutory review period ( i.e. , the period of time allotted for formal EPA review of a proposed State program under section 3006(b) of the Act) shall be deemed to have begun on the date of receipt of the State's submission. If EPA finds that a State's submission is incomplete, the review period shall not begin until all necessary information is received by EPA. (c) If the State's submission is materially changed during the review period, the review period shall begin again upon receipt of the revised submission. (d) The State and EPA may extend the review period by agreement. | ||||
| 40:40:29.0.1.1.5.1.47.6 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.6 Program description. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 49 FR 10506, Mar. 20, 1984] | Any State that seeks to administer a program under this subpart shall submit a description of the program it proposes to administer in lieu of the Federal program under State law or under an interstate compact. The program description shall include: (a) A description in narrative form of the scope, structure, coverage and processes of the State program. (b) A description (including organization charts) of the organization and structure of the State agency or agencies which will have responsibility for administering the program, including the information listed below. If more than one agency is responsible for administration of a program, each agency must have statewide jurisdiction over a class of activities. The responsibilities of each agency must be delineated, their procedures for coordination set forth, and an agency must be designated as a “lead agency” to facilitate communications between EPA and the State agencies having program responsibilities. When the State proposes to administer a program of greater scope of coverage than is required by Federal law, the information provided under this paragraph shall indicate the resources dedicated to administering the Federally required portion of the program. (1) A description of the State agency staff who will carry out the State program, including the number, occupations, and general duties of the employees. The State need not submit complete job descriptions for every employee carrying out the State program. (2) An itemization of the estimated costs of establishing and administering the program, including cost of the personnel listed in paragraph (b)(1) of this section, cost of administrative support, and cost of technical support. This estimate must cover the first two years after program approval. (3) An itemization of the sources and amounts of funding, including an estimate of Federal grant money, available to the State Director to meet the costs listed in paragraph (b)(2) of this section, identifying any restrictions or limitations upon this funding. … | |||
| 40:40:29.0.1.1.5.1.47.7 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.7 Attorney General's statement. | EPA | (a) Any State that seeks to administer a program under this subpart shall submit a statement from the State Attorney General (or the attorney for those State agencies which have independent legal counsel) that the laws of the State provide adequate authority to carry out the program described under § 271.6 and to meet the requirements of this subpart. This statement shall include citations to the specific statutes, administrative regulations and, where appropriate, judicial decisions which demonstrate adequate authority. State statutes and regulations cited by the State Attorney General or independent legal counsel shall be in the form of lawfully adopted State statutes and regulations at the time the statement is signed and shall be fully effective by the time the program is approved. To qualify as “independent legal counsel” the attorney signing the statement required by this section must have full authority to independently represent the State agency in court on all matters pertaining to the State program. EPA will supply States with an Attorney General's statement format on request. (b) When a State seeks authority over activities on Indian lands, the statement shall contain an appropriate analysis of the State's authority. | ||||
| 40:40:29.0.1.1.5.1.47.8 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.8 Memorandum of Agreement with the Regional Administrator. | EPA | (a) Any State that seeks to administer a program under this subpart shall submit a Memorandum of Agreement (MOA). The Memorandum of Agreement shall be executed by the State Director and the Regional Administrator and shall become effective when approved by the Administrator. In addition to meeting the requirements of paragraph (b) of this section, the Memorandum of Agreement may include other terms, conditions, or agreements consistent with this subpart and relevant to the administration and enforcement of the State's regulatory program. The Administrator shall not approve any Memorandum of Agreement which contains provisions which restrict EPA's statutory oversight responsibility. (b) All Memoranda of Agreement shall include the following: (1) Provisions for the Regional Administrator to promptly forward to the State Director information obtained prior to program approval in notifications provided under section 3010(a) of RCRA. The Regional Administrator and the State Director shall agree on procedures for the assignment of EPA identification numbers for new generators, transporters, treatment, storage, and disposal facilities. (2) Provisions specifying the frequency and content of reports, documents and other information which the State is required to submit to EPA. The State shall allow EPA to routinely review State records, reports, and files relevant to the administration and enforcement of the approved program. State reports may be combined with grant reports where appropriate. (3) Provisions on the State's compliance monitoring and enforcement program, including: (i) Provisions for coordination of compliance monitoring activities by the State and by EPA. These may specify the basis on which the Regional Administrator will select facilities or activities within the State for EPA inspection. The Regional Administrator will normally notify the State at least 7 days before any such inspection; and (ii) Procedures to assure coordination of enforcement activities. (4) Provisions allowing EPA to conduct co… | ||||
| 40:40:29.0.1.1.5.1.47.9 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.9 Requirements for identification and listing of hazardous wastes. | EPA | [51 FR 33721, Sept. 22, 1986] | (a) The State program must control all the hazardous wastes controlled under 40 CFR part 261 and must adopt a list of hazardous wastes and set of characteristics for identifying hazardous wastes equivalent to those under 40 CFR part 261. (b) The State is not required to have a delisting mechanism. A State may receive authorization for delisting if the State regulations for delisting decisions are equivalent to § 260.20(b) and § 260.22, and the State provides public notice and opportunity for comment before granting or denying delisting requests. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);