[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: 40CFR239.6]

[Page 311-312]
 
                   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 C--Requirements for Adequate Permit Programs
 
Sec. 239.6  Permitting requirements.


    (a) State law must require that:
    (1) Documents for permit determinations are made available for 
public review and comment; and
    (2) Final determinations on permit applications are made known to 
the public.
    (b) The state shall have procedures that ensure that public comments 
on permit determinations are considered.
    (c) The state must fully describe its public participation 
procedures for permit issuance and post-permit actions in the narrative 
description required under Sec. 239.4 and include a copy of these 
procedures in its permit program application.
    (d) The state shall have the authority to collect all information 
necessary to issue permits that are adequate to ensure compliance with 
the relevant 40 CFR part 257, subpart B or 40 CFR part 258 federal 
revised criteria.
    (e) For municipal solid waste landfill units, state law must require 
that:
    (1) Prior to construction and operation, all new municipal solid 
waste

[[Page 312]]

landfill units shall have a permit incorporating the conditions 
identified in paragraph (e)(3) of this section;
    (2) All existing municipal solid waste landfill units shall have a 
permit incorporating the conditions identified in paragraph (e)(3) of 
this section by the deadlines identified in 40 CFR 258.1;
    (3) The state shall have the authority to impose requirements for 
municipal solid waste landfill units adequate to ensure compliance with 
40 CFR part 258. These requirements shall include:
    (i) General standards which achieve compliance with 40 CFR part 258, 
subpart A;
    (ii) Location restrictions for municipal solid waste landfill units 
which achieve compliance with 40 CFR part 258, subpart B;
    (iii) Operating criteria for municipal solid waste landfill units 
which achieve compliance with 40 CFR part 258, subpart C;
    (iv) Design criteria for municipal solid waste landfill units which 
achieve compliance with 40 CFR part 258, subpart D;
    (v) Ground-water monitoring and corrective action standards for 
municipal solid waste landfill units which achieve compliance with 40 
CFR part 258, subpart E;
    (vi) Closure and post-closure care standards for municipal solid 
waste landfill units which achieve compliance with 40 CFR part 258, 
subpart F; and
    (vii) Financial assurance standards for municipal solid waste 
landfill units which achieve compliance with 40 CFR part 258, subpart G.
    (f) For non-municipal, non-hazardous waste disposal units that 
receive CESQG waste, state law must require that:
    (1) Prior to construction and operation, all new non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste shall 
have a permit incorporating the conditions identified in paragraph 
(f)(3) of this section;
    (2) All existing non-municipal, non-hazardous waste disposal units 
that receive CESQG hazardous waste shall have a permit incorporating the 
conditions identified in paragraph (f)(3) of this section by the 
deadlines identified in 40 CFR 257.5;
    (3) The state shall have the authority to impose requirements for 
non-municipal, non-hazardous waste disposal units that receive CESQG 
hazardous waste adequate to ensure compliance with 40 CFR part 257, 
subpart B. These requirements shall include:
    (i) General standards which achieve compliance with 40 CFR part 257, 
subpart B (Sec. 257.5);
    (ii) Location restrictions for non-municipal, non-hazardous waste 
disposal units which achieve compliance with 40 CFR 257.7 through 
257.13;
    (iii) Ground-water monitoring and corrective action standards for 
non-municipal, non-hazardous waste disposal units which achieve 
compliance with 40 CFR 257.21 through 257.28; and,
    (iv) Recordkeeping for non-municipal, non-hazardous waste disposal 
units which achieves compliance with 40 CFR 257.30.