those agencies in taking over the plan implementation process. (e) This notification should include establishment of State agencies where regional planning and implementation agencies have not been identified within 270 days of the Governor's promulgation of regulations identifying regional boundaries. (See sec. 4006(b)(2)) § 255.41 Procedure for revision. The procedure for revising regional identifications or agency responsibilities should be specified by the notification. (a) The State should review and, if appropriate, revise or modify the identification of regions and the responsibilities of local and regional agencies at intervals of less than 3 years. Review and modification should inIclude, but not be limited to, the following areas: (1) Whether new regions should be identified, or whether present boundaries should be modified. (2) Whether responsibilities of an agency should be expanded or reduced due to changes in the needs for solid waste functions in the region. (b) Revisions or adjustments to the State plan may require minor boundary or agency changes from time to time. The appropriate EPA Regional Administrator should be notified of such revisions by the State solid waste agency. (c) Major revisions or adjustments in agencies or boundaries should be made in consultation with local officials and be subject to the same procedures used in the original identification process. Notification of such revisions should be submitted with State plan updates. Sec. Subpart F-Coordination With Other Programs 256.50 Requirements. Subpart G-Public Participation 256.60 Requirements for public participation in State and substate plans. 256.61 Requirements for public participa tion in the annual State work program. 256.62 Requirements for public participation in State regulatory development. 256.63 Requirements for public participation in the permitting of facilities. 256.64 Requirements for public participation in the open dump inventory. 256.65 Recommendations for public par ticipation. AUTHORITY: Sec. 4002(b), Pub. L. 94-580, 90 Stat. 2813(b) (42 U.S.C. 6942(b)). SOURCE: 44 FR 45079, July 31, 1979, unless otherwise noted. EDITORIAL NOTE: For approval of State solid waste management plans see the List of CFR Sections Affected in the Finding Aids section of this volume. Subpart A-Purpose, General § 256.01 Purpose and scope of the guidelines. (a) The purpose of these guidelines is to assist in the development and implementation of State solid waste management plans, in accordance with section 4002(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6942(b)) (the "Act"). These guidelines contain methods for achieving the objectives of environmentally sound management and disposal of solid and hazardous waste, resource conservation, and maximum utilization of valuable resources. (b) These guidelines address the minimum requirements for approval of State plans as set forth in section 4003 of the Act. These are: (1) The plan shall identify, in accordance with section 4006(b), (i) the responsibilities of State, local, and regional authorities in the implementation of the State plan, (ii) the distribution of Federal funds to the authorities responsible for development and implementation of the State plan, and (iii) the means for coordinating region al planning and implementation under the State plan. (2) The plan shall, in accordance with section 4005(c), prohibit the establishment of new open dumps within the State, and contain requirements that all solid waste (including solid waste originating in other States, but not including hazardous waste) shall be (i) utilized for resource recovery or (ii) disposed of in sanitary landfills (within the meaning of section 4004(a)) or otherwise disposed of in an environmentally sound manner. (3) The plan shall provide for the closing or upgrading of all existing open dumps within the State pursuant to the requirements of section 4005. (4) The plan shall provide for the establishment of such State regulatory powers as may be necessary to implement the plan. (5) The plan shall provide that no local government within the State shall be prohibited under State or local law from entering into long-term contracts for the supply of solid waste to resource recovery facilities. (6) The plan shall provide for resource conservation or recovery and for the disposal of solid waste in sanitary landfills or for any combination of practices so as may be necessary to use or dispose of such waste in a manner that is environmentally sound. (c) These guidelines address the requirement of section 4005(c) that a State plan: Shall establish, for any entity which demonstrates that it has considered other public or private alternatives for solid waste management to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule of compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed five years from the date of publication of the inventory). § 256.02 Scope of the State solid waste management plan. (a)(1) The State plan shall address all solid waste in the State that poses potential adverse effects on health or the environment or provides opportu nity for resource conservation or resource recovery. The plan shall consid er: (i) Hazardous wastes; (ii) Residential, commercial and institutional solid waste; (iii) Wastewater treatment sludge; (iv) Pollution control residuals; (v) Industrial wastes; (vi) Mining wastes; (vii) Agricultural wastes; (viii) Water treatment sludge; and (ix) Septic tank pumpings. (2) The State plan shall consider the following aspects of solid waste management: (i) Resource conservation; (iv) Transportation; (vi) Transfer; (vii) Processing (including resource recovery); (viii) Treatment; and (ix) Disposal. (b) The State Plan shall establish and justify priorities and timing for actions. These priorities shall be based on the current level of solid waste management planning and implementation within the State, the extent of the solid waste management problem, the health, environmental and economic impacts of the problem, and the resources and management approaches available. (c) The State plan shall set forth an orderly and manageable process for achieving the objectives of the Act and meeting the requirements of these quidelines. This process shall describe as specifically as possible the activities to be undertaken, including detailed schedules and milestones. (d) The State plan shall cover a minimum of a five year time period from the date submitted to EPA for approval. (e) The State plan shall identify existing State legal authority for solid waste management and shall identify modifications to regulations necessary to meet the requirements of these guidelines. § 256.03 State plan submission, adoption, and revision. (a) To be considered for approval, the State plan shall be submitted to EPA within a reasonable time after final promulgation of these guidelines. (b) Prior to submission to EPA, the plan shall be adopted by the State pursuant to State administrative procedures. (c) The plan shall be developed in accord with public participation procedures required by Subpart G of this part. (d) The plan shall contain procedures for revision. The State plan shall be revised by the State, after notice and public hearings, when the Administrator, by regulation, or the State determines, that: (1) The State plan is not in compliance with the requirements of these guidelines; (2) Information has become available which demonstrates the inadequacy of the plan; or (3) Such revision is otherwise necessary. (e) The State plan shall be reviewed by the State and, where necessary, revised and readopted not less frequently than every three years. (f) States which are developing a complete State plan may submit the portion of the plan designed to satisfy the requirements of § 256.26 prior to submission of the complete plan. [44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981] § 256.04 State plan approval, financial assistance. (a) The Administrator shall, within six months after a State plan has been submitted for approval, approve or disapprove the plan. The Administrator shall approve a plan if he determines that: (1) It meets the requirements of these guidelines which address sections 4003(1), (2), (3), and (5), and (2) It contains provisions for revision pursuant to § 256.03. (b) The Administrator shall review approved plans from time to time, and if he determines that revisions or corrections are necessary to bring such plan into co pliance with all of the requirements of these guidelines, including the requirements which address sections 4003(4) and (6) and any new or revised requirement established by amendment to this part, he shall notify the State and provide an opportunity for such revisions and corrections and for an appeal and public hearing. If the plan continues to remain out of compliance, he shall withdraw his approval of such plan. (c) Such withdrawal of approval shall cease to be effective upon the Administrator's determination that the State plan complies with the requirements of these guidelines. (d) The Administrator shall approve a State application for financial assistance under Subtitle D of the Act, and make grants to such State, if the Administrator determines that the State plan continues to be eligible for approval and is being implemented by the State. (e) Upon withdrawal of approval of a State plan, the Administrator shall withhold Federal financial and technical assistance under Subtitle D (other than such technical assistance as may be necessary to assist in obtaining reinstatement of approval) until such time as approval is reinstated. (Procedures for termination of financial assistance and for settlement of disputes are contained in 40 CFR Part 30, Appendix A, articles 7 and 8.) (f) If a State submits to EPA the portion of the plan by which entities may, pursuant to § 256.26, obtain timetables or schedules of compliance for complying with the open dumping prohibition, the Administrator shall approve such portion of the plan if he determines that: (1) The portion submitted satisfies the requirements of § 256.26; (2) The State has the general legal authority to issue and enforce compliance schedules; and (3) The remainder of the plan is being developed in conformity with these guidelines and will be completed within a reasonable period of time. In giving partial plan approval, the Administrator shall specify in writing the timetable for completion of the final plan as required in paragraph (f)(3) of this section. [44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981] 8256.05 Annual work program. (a) The annual work program submitted for financial assistance under section 4008(a)(1) and described in the grant regulations (40 CFR Part 35) shall be reviewed by the Administrator in order to determine whether the State plan is being implemented by the State. (b) The Administrator and the State shall agree on the contents of the annual work program. The Administrator will consider State initiatives and priorities, in light of the goals of the Act, in determining annual work programs for each State. The annual work program represents a State's obligation incurred by acceptance of financial assistance. (c) Annual guidance for the development of State work programs will be issued by EPA. While this guidance will establish annual national priorities, flexibility will be provided in order to accommodate differing State priorities. (d) The following documents developed under the State plan shall be included by reference in the annual work program: (1) Substate solid waste management plans, (2) Plans for the development of facilities and services, including hazardous waste management facilities and services, (3) Evidence of actions or steps taken to close or upgrade open dumps. (e) The annual work program shall allocate the distribution of Federal funds to agencies responsible for the development and implementation of the State plan. 8 256.06 Definitions. Terms not defined below have the meanings assigned them by section 1004 of the Act. "The Act" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.). "Criteria" means the "Criteria for Classification of Solid Waste Disposal Facilities", 40 CFR Part 257, promulgated under section 4004(a) of the Act. the plan into practice by carrying out planned activities, including compliance and enforcement activities, or ensuring such activities are carried out. "Inactive facility" means a facility which no longer receives solid waste. "Inventory of open dumps" means the inventory required under section 4005(b) and is defined as the list published by EPA of those disposal facilities which do not meet the criteria. "Operator" includes facility owners and operators. A "permit" is an entitlement to commence and continue operation of a facility as long as both procedural and performance standards are met. The term "permit" includes any functional equivalent such as a registration or license. "Planning" includes identifying problems, defining objectives, collecting information, analyzing alternatives and determining necessary activities and courses of action. "Provide for" in the phrase "the plan shall (should) provide for" means explain, establish or set forth steps or courses of action. The term "shall" denotes requirements for the development and implementation of the State plan. The term "should" denotes recommendations for the development and implementation of the State plan. "Substate" refers to any public regional, local, county, municipal, or intermunicipal agency, or regional or local public (including interstate) solid or hazardous waste management authority, or other public agency below the State level. Subpart B-Identification of Responsibilities; Distribution of Funding § 256.10 Requirements. (a) In accordance with sections 4003(1) and 4006 and the interim guidelines for identification of regions and agencies for solid waste management (40 CFR Part 255), the State plan shall provide for: (1) The identification of the responsibilities of State and substate (regional, local and interstate) authorities in the development and implementation of the State plan; (2) The means of distribution of Federal funds to the authorities responsible for development and implementation of the State plan; and (3) The means for coordinating substate planning and implementation. (b) Responsibilities shall be identified for the classification of disposal facilities for the inventory of open dumps. (c) Responsibilities shall be identified for development and implementation of the State regulatory program described in Subpart C of this part. (d) Responsibilities shall be identified for the development and implementation of the State resource conservation and resource recovery program described in Subpart D of this part. (e) State, substate and private sector responsibilities shall be identified for the planning and implementation of solid and hazardous waste management facilities and services. (f) Financial assistance under sections 4008(a) (1) and (2) shall be allocated by the State to State and substate authorities carrying out development and implementation of the State plan. Such allocation shall be based on the responsibilities of the respective parties as determined under section 4006(b). |