[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.3]

[Page 359-360]
 
                   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. 271.3  Availability of final authorization.

    (a) Where a State program meets the requirements of section 3006 of 
RCRA

[[Page 360]]

and this subpart it may receive authorization for any provision of its 
program corresponding to a Federal provision in effect on the date of 
the State's authorization.
    (b) States approved under this subpart are authorized to administer 
and enforce their hazardous waste program in lieu of the Federal 
program, except as provided below:
    (1) Any requirement or prohibition which is applicable to the 
generation, transportation, treatment, storage, or disposal of hazardous 
waste and which is imposed pursuant to the Hazardous and Solid Waste 
Amendments of 1984 takes effect in each State having a finally 
authorized State program on the same date as such requirement takes 
effect in other States. These requirements and prohibitions are 
identified in Sec. 271.1(j).
    (2) The requirements and prohibitions in Sec. 271.1(j) supersede 
any less stringent provision of a State program. The Administrator is 
authorized to carry out each such Federal requirement and prohibition in 
an authorized State except where, pursuant to section 3006(b) or 
3006(g)(2) of RCRA, the State has received final or interim 
authorization to carry out the particular requirement or prohibition. 
Violations of Federal requirements and prohibitions effective in 
authorized States are enforceable under sections 3008, 3013 and 7003 of 
RCRA.
    (3) Until an authorized State program is revised to reflect the 
amendments made by the Hazardous and Solid Waste Amendments of 1984 and 
such program revisions receive final or interim authorization pursuant 
to section 3006(b) or 3006(g)(2) of RCRA, the Administrator shall have 
the authority in such State to issue or deny permits or those portions 
of permits affected by the requirements and prohibitions established by 
the Hazardous and Solid Waste Amendments of 1984.
    (c) Official State applications for final authorization may be 
reviewed on the basis of Federal self-implementing statutory provisions 
that were in effect 12 months prior to the State's submission of its 
official application (if no implementing regulations have previously 
been promulgated) and the regulations in 40 CFR parts 124, 260-266, 268, 
270 and 271 that were in effect 12 months prior to the State's 
submission of its official application. To meet this requirement the 
State may demonstrate that its program qualifies for final authorization 
pursuant to this subpart or interim authorization under Sec. 271.24. 
States are not precluded from seeking authorization for requirements 
taking effect less than 12 months prior to the State's submittal of its 
final application.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 51 
FR 33721, Sept. 22, 1986; 60 FR 33914, June 29, 1995]