[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: 40CFR271.8]

[Page 352-353]
 
                   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. 271.8  Memorandum of Agreement with the Regional Administrator.

    (a) Any State that seeks to administer a program under this subpart 
shall submit a Memorandum of Agreement (MOA). The Memorandum of 
Agreement shall be executed by the State Director and the Regional 
Administrator and shall become effective when approved by the 
Administrator. In addition to meeting the requirements of paragraph (b) 
of this section, the Memorandum of Agreement may include other terms, 
conditions, or agreements consistent with this subpart and relevant to 
the administration and enforcement of the State's regulatory program. 
The Administrator shall not approve any Memorandum of Agreement which 
contains provisions which restrict EPA's statutory oversight 
responsibility.
    (b) All Memoranda of Agreement shall include the following:
    (1) Provisions for the Regional Administrator to promptly forward to 
the State Director information obtained prior to program approval in 
notifications provided under section 3010(a) of RCRA. The Regional 
Administrator and the State Director shall agree on procedures for the 
assignment of EPA identification numbers for new generators, 
transporters, treatment, storage, and disposal facilities.
    (2) Provisions specifying the frequency and content of reports, 
documents and other information which the State is required to submit to 
EPA. The State shall allow EPA to routinely review State records, 
reports, and files relevant to the administration and enforcement of the 
approved program. State reports may be combined with grant reports where 
appropriate.
    (3) Provisions on the State's compliance monitoring and enforcement 
program, including:
    (i) Provisions for coordination of compliance monitoring activities 
by the State and by EPA. These may specify the basis on which the 
Regional Administrator will select facilities or activities within the 
State for EPA inspection. The Regional Administrator will normally 
notify the State at least 7 days before any such inspection; and
    (ii) Procedures to assure coordination of enforcement activities.
    (4) Provisions allowing EPA to conduct compliance inspections of all 
generators, transporters, and HWM facilities in each year for which the 
State is operating under final authorization. The Regional Administrator 
and the State Director may agree to limitations on compliance 
inspections of generators, transporters, and non-major HWM facilities.
    (5) No limitations on EPA compliance inspections of generators, 
transporters, or non-major HWM facilities under paragraph (b)(4) of this 
section shall restrict EPA's right to inspect any generator, 
transporter, or HWM facility which it has cause to believe is not in 
compliance with RCRA; however, before conducting such an inspection, EPA 
will normally allow the State a reasonable opportunity to conduct a 
compliance evaluation inspection.
    (6) Provisions for the prompt transfer from EPA to the State of 
pending permit applications and any other information relevant to 
program operation not already in the possession of the State Director 
(e.g., support files for permit issuance, compliance reports, etc.). 
When existing permits are transferred from EPA to the State for 
administration, the Memorandum of Agreement shall contain provisions 
specifying a procedure for transferring the administration of these 
permits. If a State lacks the authority to directly administer permits 
issued by the Federal government, a procedure may be established to 
transfer responsibility for these permits.
    Note: For example, EPA and the State and the permittee could agree 
that the State would issue a permit(s) identical to the outstanding 
Federal permit which would simultaneously be terminated.
    (7) Provisions specifying classes and categories of permit 
applications, draft permits, and proposed permits that the State will 
send to the Regional Administrator for review, comment and, where 
applicable, objection.

[[Page 353]]

    (8) When appropriate, provisions for joint processing of permits by 
the State and EPA, for facilities or activities which require permits 
from both EPA and the State under different programs. See Sec. 124.4
    Note: To promote efficiency and to avoid duplication and 
inconsistency, States are encouraged to enter into joint processing 
agreements with EPA for permit issuance.
    (9) Provisions for the State Director to promptly forward to EPA 
copies of draft permits and permit applications for all major HWM 
facilities for review and comment. The Regional Administrator and the 
State Director may agree to limitations regarding review of and comment 
on draft permits and/or permit applications for non-major HWM 
facilities. The State Director shall supply EPA copies of final permits 
for all major HWM facilities.
    (10) Provisions for the State Director to review all permits issued 
under State law prior to the date of program approval and modify or 
revoke and reissue them to require compliance with the requirements of 
this subpart. The Regional Administrator and the State Director shall 
establish a time within which this review must take place.
    (11) Provisions for modification of the Memorandum of Agreement in 
accordance with this subpart.
    (c) The Memorandum of Agreement, the annual program grant and the 
State/EPA Agreement should be consistent. If the State/EPA Agreement 
indicates that a change is needed in the Memorandum of Agreement, the 
Memorandum of Agreement may be amended through the procedures set forth 
in this subpart. The State/EPA Agreement may not override the Memorandum 
of Agreement.
    Note: Detailed program priorities and specific arrangements for EPA 
support of the State program will change and are therefore more 
appropriately negotiated in the context of annual agreements rather than 
in the MOA. However, it may still be appropriate to specify in the MOA 
the basis for such detailed agreements, e.g., a provision in the MOA 
specifying that EPA will select facilities in the State for inspection 
annually as part of the State/EPA agreement.