(e) A State with interim authorization for a component of Phase II may not issue permits pursuant to that component with a term greater than ten years. (f) State programs shall require that a facility which, under the Federal hazardous waste management program would be deemed to have a Federal permit if the conditions established in § 270.60 of this chapter are met, comply with standards at least substantially equivalent to the applicable standards in § 270.60 of this chapter. Such standards need not be imposed through issuance of a permit, but must be fully enforceable. § 271.130 Interstate movement of hazardous waste. (a) If a waste is transported from a State where it is listed or designated as hazardous under the program applicable in that State, whether that is the Federal program or an approved State program, into a State with interim authorization where it is not listed or designated, the waste must be manifested in accordance with the laws of the State where the waste was generated and must be treated, stored, or disposed of as required by the laws of the State into which it has been transported. (b) If a waste is transported from a State with interim authorization where it is not listed or designated as hazardous into a State where it is listed or designated as hazardous under the program applicable in that State, whether that is the Federal program or an approved State program, the waste must be treated, stored, or disposed of in accordance with the law applicable in the State into which it has been transported. (c) In all cases of interstate movement of hazardous waste, as defined by 40 CFR Part 261, generators and transporters must meet DOT requirements in 49 CFR Parts 172, 173, 178, and 179 (e.g., for shipping paper, packaging, labeling, marking, and placarding). § 271.131 Progress reports. The State Director shall submit a semi-annual progress report to the EPA Regional Administrator within 4 weeks of the date 6 months after Phase I commences, and at 6-month intervals thereafter until the expiration of interim authorization. The reports shall briefly summarize, in a manner and form prescribed by the Regional Administrator, the State's compliance in meeting the requirements of the authorization plan, the reasons and proposed remedies for any delay in meeting milestones, and the anticipated problems and solutions for the next reporting period. § 271.132 Sharing of information. (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 States needs to implement its approved program, subject to the conditions in 40 CFR Part 2. § 271.133 Coordination with other programs. (a) Issuance of State permits under this part 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 effect the planning for the 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 and solid waste management plans under section 4002(b) of RCRA (40 CFR Part 256). 8 271.134 EPA review of State permits. (a) The Regional Administrator may comment on permit applications and draft permits as provided in the Memorandum of Agreement under § 271.126. (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 inIclude if it were issued by the Regional Administrator). (c) A copy of any comment shall be sent to the permit applicant by Regional Administrator. Administrator (d) The Regional 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 Stateissued permit in accordance with the procedures of Part 124, Subpart E, 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 Stateissued permit at any time on the ground that 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 Stateissued 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 program requirements unless the Regional Administrator stated in commenting on the permit application or draft permit that the condition was necessary. (4) The Regional Administrator may take action under section 7003 of RCRA against a permit holder at any time whether or not the permit holder is complying with permit conditions. (f) Notwithstanding the above provisions, EPA shall issue permits, or portions of permits, to facilities in authorized States as necessary to implement the Hazardous and Solid Waste Amendments of 1984. [48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28755, July 15, 1985] (2) Afford the public 30 days after the notice to comment on the State's submission; and (3) Note the availability of the State's submission for inspection and copying by the public. The State submission shall, at a minimum, be available in the main office of the lead State agency and in the EPA Regional Office. (b) Within 90 days of the notice in the FEDERAL REGISTER required by paragraph (a)(1) of this section, the Administrator shall make a final determination whether or not to approve the State's program, taking into account any comments submitted. The Administrator will give notice of this final determination in the FEDERAL REGISTER and in accordance with § 271.20(a)(1). The notification shall include a concise statement of the reasons for this determination, and a response to significant comments received. (c) Where a State has received interim authorization for Phase I or for Phase I and for some, but not all, components of Phase II, the same procedures required in paragraphs (a) and (b) of this section shall be used in determining whether the amended program submission meets the requirements of the Federal Program. § 271.136 Withdrawal of State programs. (a) The criteria and procedures for withdrawal set forth in §§ 271.22 and 271.23 apply to this section. (b) In addition to the criteria in § 271.22, State program approval may be withdrawn if a State which has obtained interim authorization fails to meet the schedule for or accomplish the additions or revisions of its program set forth in its authorization plan. § 271.137 Reversion of State programs. (a) A State program approved for interim authorization for Phase I or for Phase I and some but not all components of Phase II shall terminate on the last day of the 6th month after the effective date of the last component of Phase II, and EPA shall administer and enforce the Federal program in the State commencing on that date if the State has failed to submit by that date an amended submission pursuant to § 271.122(c)(4). The Regional Administrator may extend this deadline for good cause. (b) A State program approved for interim authorization for Phase I or for Phase I and for some but not all components of Phase II shall terminate and EPA shall administer and enforce the Federal program in the State if the Regional Administrator determines pursuant to § 271.135(c) that a program submission amended pursuant to § 271.122(c)(4) does not meet the requirements of the Federal program. § 271.138 Interim authorization under section 3006(g) of RCRA. (a) Any State which, before the date of enactment of the Hazardous and Solid Waste Amendments of 1984, has an existing hazardous waste program which has been granted interim authorization for all components of Phase II 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 § 271.1(j) of this chapter. Such States may request interim authorization under section 3006(g) of RCRA to carry out such requirement in lieu of the Administrator carrying out the Federal requirement in the State. (b) Any such interim authorization under section 3006(g) expires on January 31, 1986, if a State program with interim authorization under section 3006(c) reverts to EPA on that date. See § 271.122(b)(2) of this chapter. (Approved by the Office of Management and Budget under control number 20500037) [50 FR 28755, July 15, 1985] |