[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR239.2]

[Page 309-310]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 239--REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF 
ADEQUACY--Table of Contents
 
                           Subpart A--General
 
Sec. 239.2  Scope and definitions.

    (a) Scope. (1) Nothing in this part precludes a state from adopting 
or enforcing requirements that are more stringent or more extensive than 
those required under this part or from operating a permit program or 
other system of prior approval and conditions with more stringent 
requirements or a broader scope of coverage than that required under 
this part.
    (2) All states which develop and implement a Subtitle D permit 
program must submit an application for an adequacy determination for 
purposes of this part. Except as provided in Sec. 239.12, state Subtitle 
D permit programs which received full approval prior to November 23, 
1998 need not submit new applications for approval under this part. 
Similarly, except as provided in Sec. 239.12, states that received 
partial approval of their Subtitle D permit programs prior to November 
23, 1998 need not reapply under this part for approval for those program 
elements EPA has already determined to be adequate.
    (3) If EPA determines that a state Subtitle D permit program is 
inadequate, EPA will have the authority to enforce the Subtitle D 
federal revised criteria on the RCRA section 4010(c) regulated 
facilities under the state's jurisdiction.
    (b) Definitions. (1) For purposes of this part:
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or any authorized representative.
    Approved permit program or approved program means a state Subtitle D 
permit program or other system of prior approval and conditions required 
under section 4005(c)(1)(B) of RCRA that has been determined to be 
adequate by EPA under this part.
    Approved state means a state whose Subtitle D permit program or 
other system of prior approval and conditions required under section 
4005(c)(1)(B) of RCRA has been determined to be adequate by EPA under 
this part.

[[Page 310]]

    Guidance means policy memorandum, an application for approval under 
this Part, or other technical or policy documents that supplement state 
laws and regulations. These documents provide direction with regard to 
how state agencies should interpret their permit program requirements 
and must be consistent with state laws and regulations.
    Implementing agency means the state and/or local agency(ies) 
responsible for carrying out an approved state permit program.
    Lead state agency means the state agency which has the legal 
authority and oversight responsibilities to implement the permit program 
or other system of prior approval and conditions to ensure that 
facilities regulated under section 4010(c) of Subtitle D of RCRA comply 
with the requirements of the approved state permit program and/or has 
been designated as lead agency.
    Permit or prior approval and conditions means any authorization, 
license, or equivalent control document issued under the authority of 
the state regulating the location, design, operation, ground-water 
monitoring, closure, post-closure care, corrective action, and financial 
assurance of Subtitle D regulated facilities.
    Permit documents means permit applications, draft and final permits, 
or other documents that include applicable design and management 
conditions in accordance with the Subtitle D federal revised criteria, 
found at 40 CFR part 257, subpart B and 40 CFR part 258, and the 
technical and administrative information used to explain the basis of 
permit conditions.
    Regional Administrator means any one of the ten Regional 
Administrators of the U.S. Environmental Protection Agency or any 
authorized representative.
    State Director means the chief administrative officer of the lead 
state agency responsible for implementing the state permit program for 
Subtitle D regulated facilities.
    State program or permit program means all the authorities, 
activities, and procedures that comprise the state's system of prior 
approval and conditions for regulating the location, design, operation, 
ground-water monitoring, closure, post-closure care, corrective action, 
and financial assurance of Subtitle D regulated facilities.
    Subtitle D regulated facilities means all solid waste disposal 
facilities subject to the revised criteria promulgated by EPA under the 
authority of RCRA Section 4010(c).
    (c) The definitions in 40 CFR part 257, subpart B and 40 CFR part 
258 apply to all subparts of this part.