[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.19]

[Page 368]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS--Table of Contents
 
             Subpart A--Requirements for Final Authorization
 
Sec. 271.19  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 
Sec. 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 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 28754, July 15, 1985; 65 
FR 30913, May 15, 2000]