US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC6926]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6926. Authorized State hazardous waste programs


(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) \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.
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    \1\ See References in Text note below.
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(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 sections 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) of this section 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.

(Pub. L. 89-272, title II, Sec. 3006, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2809; amended Pub. L. 95-609, Sec. 7(i), Nov. 8, 
1978, 92 Stat. 3082; Pub. L. 98-616, title II, Secs. 225, 226(a), 227, 
228, 241(b)(2), Nov. 8, 1984, 98 Stat. 3254, 3255, 3260; Pub. L. 99-499, 
title II, Sec. 205(j), Oct. 17, 1986, 100 Stat. 1703.)

                       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, Secs. 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, Sec. 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, Sec. 227(3), added pars. (2) 
to (4).
    Subsec. (f). Pub. L. 98-616, Sec. 226(a), added subsec. (f).
    Subsec. (g). Pub. L. 98-616, Sec. 228, added subsec. (g).
    1978--Subsec. (c). Pub. L. 95-609 substituted ``of'' for ``required 
for'' wherever appearing and ``may submit'' for ``submit''.


                    Effective Date of 1984 Amendment

    Section 226(b) of Pub. L. 98-616 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].''

                          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, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6925, 6928, 6930, 6939c, 
6974, 6976, 9607 of this title.