[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.4]

[Page 350]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS--Table of Contents
 
             Subpart A--Requirements for Final Authorization
 
Sec. 271.4  Consistency.

    To obtain approval, a State program must be consistent with the 
Federal program and State programs applicable in other States and in 
particular must comply with the provisions below. For purposes of this 
section the phrase ``State programs applicable in other States'' refers 
only to those State hazardous waste programs which have received final 
authorization under this part.
    (a) Any aspect of the State program which unreasonably restricts, 
impedes, or operates as a ban on the free movement across the State 
border of hazardous wastes from or to other States for treatment, 
storage, or disposal at facilities authorized to operate under the 
Federal or an approved State program shall be deemed inconsistent.
    (b) Any aspect of State law or of the State program which has no 
basis in human health or environmental protection and which acts as a 
prohibition on the treatment, storage or disposal of hazardous waste in 
the State may be deemed inconsistent.
    (c) If the State manifest system does not meet the requirements of 
this part, the State program shall be deemed inconsistent.

[48 FR 14248, Apr. 1, 1983; 48 FR 30114, June 30, 1983]