[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: 40CFR272.1150]

[Page 383-384]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of 
Contents
 
                           Subpart X--Michigan
 
Sec. 272.1150  State authorization.


    (a) The State of Michigan is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et seq. subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA) (Public Law 98-616, November 8, 1984), 42 
U.S.C. 6926 (c) and (g). The Federal program for which a State may 
receive authorization is defined in 40 CFR part 271. The State's 
program, as administered by the Michigan Department of Natural 
Resources, was approved by EPA pursuant to 42

[[Page 384]]

U.S.C. 6926(b) and part 271 of this chapter. EPA's approval of 
Michigan's base program was effective on October 30, 1986 (see 51 FR 
36804). EPA's approval of the revisions to Michigan's base program was 
effective on January 23, 1990 (see 54 FR 48608) and RCRA Cluster III 
authorization effective June 24, 1991 (see 56 FR 18517).
    (b) Michigan is authorized to implement certain HSWA requirements in 
lieu of EPA. EPA has explicitly indicated its intent to allow such 
action in a Federal Register notice granting Michigan authorization and 
RCRA Cluster III authorization effective June 24, 1991 (see 56 FR 
18517).
    (c) Michigan has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Michigan must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Michigan must seek final 
authorization for all program revisions, pursuant to section 3006(b) of 
RCRA but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA, pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Michigan obtains final authorization for the revised 
requirements pursuant to section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.1151 of this subpart. If Michigan 
obtains interim authorization for the revised requirements pursuant to 
section 3006(g), the newly authorized provisions will be listed in 
Sec. 272.1152.

[54 FR 7421, Feb. 21, 1989, as amended at 55 FR 18112, May 1, 1990; 57 
FR 3724, Jan. 31, 1992]