[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: 40CFR272.400]

[Page 373]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of 
Contents
 
                           Subpart I--Delaware
 
Sec. 272.400  State authorization.


    (a) The State of Delaware 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 (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 Delaware Department of Natural 
Resources and Environmental Control, was approved by EPA pursuant to 42 
U.S.C. 6926(b) and part 271 of this chapter. EPA's approval was 
effective on June 22, 1984, 48 FR 23837.
    (b) Delaware 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 Delaware authorization.
    (c) Delaware 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 taking 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) Delaware 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. Delaware 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 Delaware obtains final authorization for the revised 
requirements pursuant to section 3006(b) of RCRA, the newly authorized 
provisions will be listed in Sec. 272.401. If Delaware obtains interim 
authorization for the revised requirements pursuant to section 3006(g), 
the newly authorized provisions will be listed in Sec. 272.402.