42 U.S.C. § 6926

Authorized State hazardous waste programs

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(a) Federal guidelines

Not later than eighteen months after October 21, 1976, the Administrator, after consultation with State authorities, shall promulgate guidelines to assist States in the Development of State hazardous waste programs.

(b) Authorization of State program

Any State which seeks to administer and enforce a hazardous waste program pursuant to this subchapter may develop and, after notice and opportunity for public hearing, submit to the Administrator an application, in such form as he shall require, for authorization of such program. Within ninety days following submission of an application under this subsection, the Administrator shall issue a notice as to whether or not he expects such program to be authorized, and within ninety days following such notice (and after opportunity for public hearing) he shall publish his findings as to whether or not the conditions listed in items (1), (2), and (3) below have been met. Such State is authorized to carry out such program in lieu of the Federal program under this subchapter in such State and to issue and enforce permits for the storage, treatment, or disposal of hazardous waste (and to enforce permits deemed to have been issued under section 6935(d)(1) 11 See References in Text note below. of this title) unless, within ninety days following submission of the application the Administrator notifies such State that such program may not be authorized and, within ninety days following such notice and after opportunity for public hearing, he finds that (1) such State program is not equivalent to the Federal program under this subchapter, (2) such program is not consistent with the Federal or State programs applicable in other States, or (3) such program does not provide adequate enforcement of compliance with the requirements of this subchapter. In authorizing a State program, the Administrator may base his findings on the Federal program in effect one year prior to submission of a State’s application or in effect on January 26, 1983, whichever is later.

(c) Interim authorization(1) Any State which has in existence a hazardous waste program pursuant to State law before the date ninety days after the date of promulgation of regulations under sections 6922, 6923, 6924, and 6925 of this title, may submit to the Administrator evidence of such existing program and may request a temporary authorization to carry out such program under this subchapter. The Administrator shall, if the evidence submitted shows the existing State program to be substantially equivalent to the Federal program under this subchapter, grant an interim authorization to the State to carry out such program in lieu of the Federal program pursuant to this subchapter for a period ending no later than January 31, 1986.(2) The Administrator shall, by rule, establish a date for the expiration of interim authorization under this subsection.(3) Pending interim or final authorization of a State program for any State which reflects the amendments made by the Hazardous and Solid Waste Amendments of 1984, the State may enter into an agreement with the Administrator under which the State may assist in the administration of the requirements and prohibitions which take effect pursuant to such Amendments.(4) In the case of a State permit program for any State which is authorized under subsection (b) or under this subsection, until such program is amended to reflect the amendments made by the Hazardous and Solid Waste Amendments of 1984 and such program amendments receive interim or final authorization, 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. The Administrator shall coordinate with States the procedures for issuing such permits.(d) Effect of State permit

Any action taken by a State under a hazardous waste program authorized under this section shall have the same force and effect as action taken by the Administrator under this subchapter.

(e) Withdrawal of authorization

Whenever the Administrator determines after public hearing that a State is not administering and enforcing a program authorized under this section in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw authorization of such program and establish a Federal program pursuant to this subchapter. The Administrator shall not withdraw authorization of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal.

(f) Availability of informationNo State program may be authorized by the Administrator under this section unless—(1) such program provides for the public availability of information obtained by the State regarding facilities and sites for the treatment, storage, and disposal of hazardous waste; and(2) such information is available to the public in substantially the same manner, and to the same degree, as would be the case if the Administrator was carrying out the provisions of this subchapter in such State.(g) Amendments made by 1984 act(1) Any requirement or prohibition which is applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste and which is imposed under this subchapter pursuant to the amendments made by the Hazardous and Solid Waste Amendments of 1984 shall take effect in each State having an interim or finally authorized State program on the same date as such requirement takes effect in other States. The Administrator shall carry out such requirement directly in each such State unless the State program is finally authorized (or is granted interim authorization as provided in paragraph (2)) with respect to such requirement.(2) Any State which, before November 8, 1984, has an existing hazardous waste program which has been granted interim or final authorization under this section may submit to the Administrator evidence that such existing program contains (or has been amended to include) any requirement which is substantially equivalent to a requirement referred to in paragraph (1) and may request interim authorization to carry out that requirement under this subchapter. The Administrator shall, if the evidence submitted shows the State requirement to be substantially equivalent to the requirement referred to in paragraph (1), grant an interim authorization to the State to carry out such requirement in lieu of direct administration in the State by the Administrator of such requirement.(h) State programs for used oil

In the case of used oil which is not listed or identified under this subchapter as a hazardous waste but which is regulated under section 6935 of this title, the provisions of this section regarding State programs shall apply in the same manner and to the same extent as such provisions apply to hazardous waste identified or listed under this subchapter.

(Pub. L. 89–272, title II, § 3006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2809; amended Pub. L. 95–609, § 7(i), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 98–616, title II, §§ 225, 226(a), 227, 228, 241(b)(2), Nov. 8, 1984, 98 Stat. 3254, 3255, 3260; Pub. L. 99–499, title II, § 205(j), Oct. 17, 1986, 100 Stat. 1703.)Editorial NotesReferences in Text

Section 6935(d)(1) of this title, referred to in subsec. (b), was in the original a reference to section 3012(d)(1) of Pub. L. 89–272, which was renumbered section 3014(d)(1) of Pub. L. 89–272 by Pub. L. 98–616 and is classified to section 6935(d)(1) of this title.

The Hazardous and Solid Waste Amendments of 1984, referred to in subsecs. (c)(3), (4) and (g), is Pub. L. 98–616, Nov. 8, 1984, 98 Stat. 3221, which amended this chapter. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 6901 of this title and Tables.

Amendments

1986—Subsec. (h). Pub. L. 99–499 added subsec. (h).

1984—Subsec. (b). Pub. L. 98–616, §§ 225, 241(b)(2), inserted “(and to enforce permits deemed to have been issued under section 6935(d)(1) of this title)”, and inserted provision at end that in authorizing a State program, the Administrator may base his findings on the Federal program in effect one year prior to submission of a State’s application or in effect on January 26, 1983, whichever is later.

Subsec. (c)(1). Pub. L. 98–616, § 227(1), (2), designated existing provisions as par. (1) and substituted “period ending no later than January 31, 1986” for “twenty-four month period beginning on the date six months after the date of promulgation of regulations under sections 6922 through 6925 of this title”.

Subsec. (c)(2) to (4). Pub. L. 98–616, § 227(3), added pars. (2) to (4).

Subsec. (f). Pub. L. 98–616, § 226(a), added subsec. (f).

Subsec. (g). Pub. L. 98–616, § 228, added subsec. (g).

1978—Subsec. (c). Pub. L. 95–609 substituted “of” for “required for” wherever appearing and “may submit” for “submit”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Pub. L. 98–616, title II, § 226(b), Nov. 8, 1984, 98 Stat. 3254, provided that: “The amendment made by subsection (a) [enacting subsec. (f) of this section] shall apply with respect to State programs authorized under section 3006 [this section] before, on, or after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 [Nov. 8, 1984].”

Executive DocumentsTransfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

Notes of Decisions

Cited in 176 cases (12 in the last 5 years), 1980–2026 · leading case: People v. Thoro Products Co., Inc.

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People v. Thoro Products Co., Inc. (2003) colo · cites it 5× “See 42 U.S.C. § 6926 (b)("Such State is authorized to carry out such program in lieu of the Federal program .”

United States v. Richter (2015) ca10 · cites it 6× “Thus, as is relevant here, RCRA makes it a crime to export hazardous waste without filing the proper notification of intent to export with the EPA or without the consent of the receiving country.”

United States v. Allen Elias (2001) ca9 · cites it 5× “Elias derives support for his argument from 42 U.S.C. § 6926 . That section, which governs “Authorized State hazardous waste programs,” 2 provides in relevant part: Any State which seeks to administer and enforce a hazardous waste program pursuant to this subchapter may develop…”

Chesapeake Bay Foundation, Inc. v. Severstal Sparrows Point, LLC (2011) mdd · cites it 2× “After receiving authorization, the state may implement its hazardous waste program “in lieu of the Federal program.” Section 3006(b) of RCRA, 42 U.”

United States v. Power Engineering Co. (2002) ca10 · cites it 5× “42 U.S.C. § 6926 (b), (c). The Harmon court held that RCRA allows the EPA to overfile after providing notice to the authorized state only if the EPA withdraws authorization or if the state fails to initiate an enforcement action.”

Quebell P. Parker v. Scrap Metal Processors (2004) ca11 · cites it 2× “42 U.S.C. § 6926 (b). Georgia received approval in 1979 and enacted the Hazardous Waste Management Act (“HWMA”), Ga.”

United States (EPA) v. Environmental Waste Control, Inc. (1989) innd · cites it 5× “42 U.S.C. § 6926 . Following approval, the state enforces its regulations in lieu of the federal regulations.”

Wyckoff Company v. Environmental Protection Agency, the United States of America, and the Washington State Department of (1986) ca9 · cites it 6× “42 U.S.C. § 6926 (1982). 1 Section 3006 provides for federal authorization of state hazardous waste programs.”

Harmon Industries, Inc. v. Browner (1998) mowd · cites it 10× “Since first authorizing the State of Missouri to implement RCRA’s hazardous waste program, EPA has taken no action to withdraw the state’s authorization pursuant to RCRA § 3006(e), 42 U.S.C. § 6926 (e). After the meeting with Harmon, MDNR oversaw the investigation and the…”

MacDermid, Inc. v. Department of Environmental Protection (2001) conn · cites it 2× “See 42 U.S.C. § 6926 (d) (1994). Connecticut has a hazardous waste program that is authorized by the agency.”

Bruce Goldfarb v. Mayor and City Council of Baltimore (2015) ca4 “2001) (quoting 42 U.S.C. § 6926 ), so long as the state system is at least the “equivalent” of the federal program.”

American Iron and Steel Institute v. U.S. Environmental Protection Agency, American Petroleum Institute, Edison Electric (1989) cadc · cites it 3× “§§ 6924-25 (1982), or from a state holding EPA authorization to issue permits, RCRA § 3006(b), 42 U.S.C. § 6926 (b) (1982). In addition, RCRA Subtitle D established a regulatory program for nonhazardous solid wastes, with primary enforcement by the states.”

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