[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: 40CFR272.1800]

[Page 392]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of 
Contents
 
                            Subpart KK--Ohio
 
Sec. 272.1800  State authorization.


    (a) The State of Ohio 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. 6291 et seq., subject to the Hazardous and Solid Waste 
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 part 271. The State's program, as 
administered by the Ohio Environmental Protection Agency, was approved 
by EPA pursuant to 42 U.S.C. 6926(b) and part 271 of this chapter. EPA's 
approval of Ohio's base RCRA program was effective on June 30, 1989 (see 
54 FR 27173). EPA's approval of revisions to Ohio's base program was 
effective on June 7, 1991 (see 56 FR 14203) and August 19, 1991 (see 56 
FR 28088).
    (b) Ohio is authorized to implement certain HSWA requirements in 
lieu of EPA. EPA has explicitly indicated its intent to allow much 
action in a Federal Register notice granting Ohio authorization on June 
7, 1991 (see 56 FR 14203) and August 19, 1991 (see 56 FR 28088).
    (c) Ohio has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under Section 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) Ohio 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. Ohio 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(b) of RCRA, 42 U.S.C. 6926(g). If Ohio 
obtains final authorization for the revised requirements pursuant to 
section 3006(b), the newly authorized provisions will be listed in 
272.1801 of this subpart. If Ohio in the future obtains interim 
authorization for the revised requirements pursuant to section 3006(g), 
the newly authorized provisions will be listed in Sec. 272.1802.

[54 FR 27173, June 28, 1989, as amended at 57 FR 4162, Feb. 4, 1992]