[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: 40CFR272.1350]

[Page 387-388]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of 
Contents
 
                           Subpart BB--Montana
 
Sec. 272.1350  State authorization.


    (a) The State of Montana is authorized to administer and enforce its 
hazardous waste management program in lieu of the program under Subtitle 
C of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6921 
et seq., subject to the Hazardous and Solid Waste Act Amendments of 1984 
(HSWA) (Pub. L. 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 271.9 through 271.17 and 271.21. The State's program, 
as administered by the Montana Department of Health and Environmental 
Services, was approved by EPA pursuant to 42 U.S.C. 6926(b) and part 271 
of this chapter. EPA's approval was effective on July 11, 1984, 48 FR 
28245.
    (b) Montana is not authorized to implement any HSWA requirement in 
lieu of EPA unless EPA has explicitly indicated its intent to do so in a 
Federal Register notice granting Montana authorization.
    (c) Montana has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities, including conducting inspections under section 
3007, 42 U.S.C. 6927 and to take enforcement actions under sections 
3008, 3013 and 7003, 42 U.S.C. 6928, 6934 and 6973, as well as under 
other Federal laws and regulations.
    (d) Montana 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. Montana 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 Montana obtains final authorization for the revised 
requirements pursuant to section 3006(b) of RCRA, the newly authorized 
provisions will be listed in Sec. 272.1351. If Montana obtains interim 
authorization for the

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revised requirements pursuant to section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.1352.