§ 271.1 Purpose and scope.
(a) This subpart specifies the procedures EPA will follow in approving, revising, and withdrawing approval of State programs and the requirements State programs must meet to be approved by the Administrator under sections 3006(b), (f) and (h) of RCRA.
(b) State submissions for program approval must be made in accordance with the procedures set out in this subpart.
(c) The substantive provisions which must be included in State programs for them to be approved include requirements for permitting, compliance evaluation, enforcement, public participation, and sharing of information. Many of the requirements for State programs are made applicable to States by cross-referencing other EPA regulations. In particular, many of the provisions of parts 270 and 124 are made applicable to States by the references contained in § 271.14.
(d) Upon receipt of a complete submission, EPA will conduct a public hearing, if interest is shown, and determine whether to approve or disapprove the program taking into consideration the requirements of this subpart, the Act and any comments received.
(e) The Administrator shall approve State programs which conform to the applicable requirements of this subpart.
(f) Except as provided in § 271.3(a)(3), upon approval of a State permitting program, the Administrator shall suspend the issuance of Federal permits for those activities subject to the approved State program.
(g) Any State program approved by the Administrator shall at all times be conducted in accordance with the requirements of this subpart.
(h) Partial State programs are not allowed for programs operating under RCRA final authorization. However, in many cases States will lack authority to regulate activities on Indian lands. This lack of authority does not impair a State's ability to obtain full program approval in accordance with this subpart, i.e., inability of a State to regulate activities on Indian lands does not constitute a partial program. EPA will administer the program on Indian lands if the State does not seek this authority.
Note:
States are advised to contact the United States Department of the Interior, Bureau of Indian Affairs, concerning authority over Indian lands.
(i) Except as provided in § 271.4, nothing in this subpart precludes a State from:
(1) Adopting or enforcing requirements which are more stringent or more extensive than those required under this subpart;
(2) Operating a program with a greater scope of coverage than that required under this subpart. Where an approved State program has a greater scope of coverage than required by Federal law, the additional coverage is not part of the Federally approved program.
(j) Requirements and prohibitions which are applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste and which are imposed pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) include any requirement or prohibition which has taken effect under HSWA, such as:
(1) All regulations specified in Table 1, and
(2) The self-implementing statutory provisions specified in Table 2 that have taken effect.
Note:
See §§ 264.1(f)(3), 265.1(c)(4)(ii), 271.3(b), 271.21(e)(2) and 271.121(c)(3) for applicability.
Table 1—Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
Promulgation date | Title of regulation | Federal Register reference | Effective date |
---|---|---|---|
Jan. 14, 1985 | Dioxin-containing wastes | 50 FR 1978–2006 | July 15, 1985. |
Apr. 30, 1985 | Paint filter liquids test | 50 FR 18370–5 | June 14, 1985. |
July 15, 1985 | Codification rule [as corrected in 51 FR 2702, 1/21/86] | 50 FR 28702–55 | July 15, 1985. |
Oct. 23, 1985 | Listing wastes from the production of dinitrotoluene, toluenediamine, and toluene diisocyanate | 50 FR 42936–43 | Oct. 23, 1985. |
Nov. 29, 1985 | Standards for the management of the burning of specific wastes in specific types of facilities | 50 FR 49164–212 | Dec. 9, 1985. Mar. 31, 1986. May 29, 1986. |
Dec. 31, 1985 | Amendment of spent solvent listings to include solvent mixtures [as corrected in 51 FR 19176, 5/28/86] | 50 FR 53315–20 | Jan. 30, 1986. |
Feb. 13, 1986 | Listing wastes from the production of ethylene dibromide (EDB) | 51FR 5327–31 | Aug. 13, 1986. |
Feb. 25, 1986 | Listing of four spent solvents and the still bottoms from their recovery | 51 FR 6537–42 | Aug. 25, 1986. |
Mar. 24, 1986 | Regulations for generators of 100–1000 kg/mo of hazardous waste | 51 FR 10146–76 | Sept. 22, 1986. |
July 14, 1986 | Hazardous Waste Tank Regulations: 1 260.10; 262.34(a)(1); 264.110; 264.140; 264.190–264.199; 265.110; 265.140; 265.190–265.200; 270.14(b); 270.16; and 270.72 (e) | 51 FR 25422–86 | Jan. 12, 1987. Mar. 24, 1987. |
Aug. 8, 1986 | Exports of hazardous waste | 51 FR 28664–86 | Nov. 8, 1986. |
Oct. 24, 1986 | Listing Wastes from the Production and Formulation of Ethylenebisdithiocarbamic Acid (EBDC) and its Salts | 51 FR 37725 | Apr. 24, 1987. |
Nov. 7, 1986 | Land disposal restrictions for solvents and dioxins | 51 FR 40572 | Nov. 8, 1986. |
July 8, 1987 | Land disposal restrictions for California list wastes | 52 FR 25760 | July 8, 1987. |
Sept. 23, 1987 | Exception Reporting for Small Quantity Generators of Hazardous Waste | 52 FR 35899 | Mar. 23, 1988. |
Dec. 1, 1987 | Codification rule for the 1984 RCRA Amendments | 52 FR 45799 | Dec. 31, 1987. |
Aug. 17, 1988 | Land disposal restrictions for First Third wastes | 53 FR 31138–222 | Aug. 8, 1988. |
June 23, 1989 | Land Disposal Restrictions for Second Third wastes | 54 FR 26594–652 | June 8, 1989. |
Oct. 6, 1989 | Listing Wastes from the Production of Methyl Bromide | 54 FR 41402–408 | Apr. 6, 1990. |
Dec. 11, 1989 | Listing Certain Hydrocarbons Produced by Free Radical Catalyzed Processes | 54 FR 50968–978 | June 11, 1990. |
Mar. 29, 1990 | Toxicity characteristic | 55 FR 11798–877 | Sept. 25, 1990. |
May 1, 1990 | Listing Wastes from the Production of UDMH from Carboxylic Acid Hydrazides | 55 FR 18496–506 | Nov. 2, 1990. |
June 1, 1990 | Land Disposal Restrictions for Third Third wastes | 55 FR 22520–720 | May 8, 1990. |
June 21, 1990 | Process Vent and Equipment Leak Organic Air Emission Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities | 55 FR 25454–519 | Dec. 21, 1990. |
Nov. 2, 1990 | Petroleum refinery primary and secondary oil/water/solids separation sludge listings | 55 FR 46354–397 | May 2, 1991. |
Dec. 6, 1990 | The listing of wastes from wood preserving processes. 2 | 55 FR 50450–490 | June 6, 1991. |
Dec. 31, 1990 | Burning of Hazardous Waste in Boilers and Industrial Furnaces | 56 FR 7134–7240 | Aug. 21, 1991. |
May 13, 1991 | Petroleum refinery primary and secondary oil/water/solids separation sludge listings | 56 FR 21959 | May 2, 1991. |
Aug. 19, 1991 | Land disposal restrictions & generic exclusion for K061 nonwastewaters & conditional exclusion for K061 HTMR splash condenser dross residue | 56 FR 41178 | Aug. 8, 1991. |
Jan. 29, 1992 | Liners and Leak Detection for Hazardous Waste Land Disposal Units 3 | 57 FR 3497 | July 29, 1992. |
June 22, 1992 | Exclusion from the definition of solid waste for the recycling of hazardous wastes in the coke by-products industry | 57 FR 27888 | June 22, 1992. |
Aug. 18, 1992 | Land disposal restrictions for newly listed wastes in § 268.36 (b)–(g) | 57 FR 37282 | June 30, 1992. |
Do | Land disposal restrictions for newly listed wastes in § 268.36(a), hazardous debris, and generic exclusion for K062 and F006 nonwaste-waters | ......Do | Nov. 9, 1992. |
Aug. 18, 1992 | The listing of wastes from the production, recovery, and refining of coke by-products produced from coal | 57 FR 37306 | Feb. 18, 1993 |
Oct. 15, 1992 | Listing Wastes from the Production of Chlorinated Toluenes | 57 FR 47386 | Apr. 15, 1993. |
Nov. 18, 1992 | Containerized Liquids in Landfills | 57 FR 54461 | May 18, 1992. |
Nov. 24, 1992 | Toxicity Characteristic Revision | 57 FR 55117 | Nov. 24, 1992. |
Feb. 16, 1993 | Corrective Action Management Units and Temporary Units; Corrective Action Provisions under Subtitle C | 58 FR 8685 | Apr. 19, 1993. |
May 24, 1993 | Land disposal restrictions for characteristic wastes whose treatment standards were vacated | 58 FR 29887 | Aug. 9, 1993. |
Nov. 9, 1993 | Burning of hazardous waste in boilers and industrial furnaces | 58 FR 59603 | Oct. 15, 1993. |
Sept. 19, 1994 | Land Disposal Restrictions Phase II—Universal Treatment Standards, and Treatment Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes 4 in § 268.38 | 47982–48110 | Dec. 19, 1994. |
Dec. 6, 1994 | Air Emission Standards for Tanks, Surface Impoundments, and Containers | 59 FR 62896–62953 | Dec. 6, 1996. |
Feb. 9, 1995 | Listing Wastes from the Production of Carbamates | 60 FR 7856 | Aug. 9, 1995. |
July 11, 1995 | Containerized Liquids in Landfills | 60 FR 35706 | Sept. 11, 1995. |
Apr. 8, 1996 | Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent Aluminum Potliners in § 268.39 | 61 FR 15660 | July 8, 1996. |
July 1, 1996 | Revisions to Criteria applicable to solid waste facilities that may accept CESQG hazardous wastes, excluding MSWLF's | 61 FR 34278 | Jan. 1, 1998. |
Aug. 26, 1996 | Emergency Revision of the Land Disposal Restrictions (LDR) Phase III Treatment Standards for Listed Hazardous Wastes from Carbamate Production | 61 FR 43931. | Aug. 26, 1996 until Aug. 26, 1997. |
May 12, 1997 | Land Disposal Restrictions for Wood Preserving Wastes and Paperwork Reductions | 62 FR 26040 | Aug. 11, 1997. |
June 17, 1997 | Vacated Carbamate wastes | 62 FR 32979 | Aug. 9, 1995. |
Aug. 28, 1997 | Second Emergency Revision of the Land Disposal Restrictions (LDR) Phase III Treatment Standards for Listed Hazardous Wastes from Carbamate Production. | 62 FR 45572 | Aug. 26, 1997 until Aug. 26, 1998. |
May 4, 1998 | Listing of Organobromine Production Wastes | 63 FR 24627 | Nov. 4, 1998. |
May 26, 1998 | Land Disposal Restrictions Phase IV Final Rule | 63 FR 28753 | Aug. 24, 1998. |
Aug. 6, 1998 | Petroleum Refining Process Wastes | 63 FR 42188 | Feb. 8, 1999. |
Sept. 4, 1998 | Emergency Revision of the Land Disposal Restrictions (LDR) Phase III Treatment Standards for Listed Hazardous Wastes from Carbamate Production | 63 FR 47418 | Sept. 4, 1998. |
Sept. 21, 1998 | Treatment Standards for Hazardous Waste K088 | 63 FR 51267 | Sept. 21, 1998. |
Nov. 30, 1998 | Hazardous Remediation Waste Management Requirements 5 | 63 FR 65947 | June 1, 1999. |
Sept. 30, 1999 | Standards for Hazardous Air Pollutants for Hazardous Waste Combustors | 64 FR 53077 | Sept. 30, 1999. |
Mar. 17, 2000 | Vacated Organobromine wastes | 65 FR 14475 | Nov. 4, 1998. |
Sept. 29, 2000 | Listing of Hazardous Wastes K174 and K175 | 65 FR 67132 | May 7, 2001. |
Oct. 31, 2001 | Listing of Inorganic Chemical Manufacturing Wastes | 67 FR 58299 | May 20, 2002. |
Feb. 13, 2002 | Interim Standards for Hazardous Air Pollutants for Hazardous Waste Combustors | 67 FR 6818, Feb. 13, 2002 | Feb. 13, 2002. |
Sept. 30, 2002 | Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium-, Mercury-, and Silver-Containing Batteries | 67 FR 62624, Oct. 7, 2002 | Nov. 21, 2002 |
Jan. 22, 2002 | Corrective Action Management Unit Standards Amendments | 67 FR 3029, Jan. 22, 2002 | April 22, 2002. |
July 15, 2002 | Elimination of LDR Treatment Standards Exemption for K061-Derived Fertilizers | July 24, 2002 | Jan. 24, 2003. |
Feb. 15, 2005 | Listing of Hazards Waste K181 | 70 FR 9179 | Aug. 23, 2005 |
Mar. 4, 2005 | Waste Minimization Certification in the Revised Manifest Rule | 70 FR 10825 | Sept. 6, 2005. |
July 14, 2005 | Process Vent and Equipment Leak Organic Air Emission Standards for Owners and of Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities | 70 FR 34538 | July 14, 2005. |
July 14, 2005 | Burning of Hazardous Waste in Boilers and Industrial Furnaces | 70 FR 34538 | July 14, 2005 |
July 14, 2005 | Air Emission Standards Tanks, Surface Impoundments, Containers | 70 FR 34538 | July 14, 2005. |
Oct. 12, 2005 | Standards for Hazardous Air Pollutants for Hazardous Waste Combustors | 70 FR 59402 | Oct. 12, 2005. |
May 4, 2006 | Office of Resource Conservation and Recovery Burden Reduction Project | 71 FR 16862–16915 | May 4, 2006. |
July 28, 2006 | Final Rule for Cathode Ray Tubes | 71 FR 42949 | Jan. 29, 2007. |
Jan. 8, 2010 | Exports of hazardous waste | 75 FR 1262 | July 7, 2010. |
June 13, 2011 | Land Disposal Restrictions: Revision of the Treatment Standards for Carbamate Hazardous Wastes | 76 FR [Insert page number] | 8/12/11. |
Nov. 28, 2016 | Hazardous Waste Export-Import Revisions | 81 FR 85728 | December 31, 2016. |
Feb. 22, 2019 | Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine: § 266.505 | 84 FR 5816 | August 21, 2019. |