[Title 40 CFR 271.23]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 271 - REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS]
[Subpart A - Requirements for Final Authorization]
[Sec. 271.23 - Procedures for withdrawing approval of State programs.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT232002-07-012002-07-01false271.23Sec. 271.23PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMSRequirements for Final Authorization
Sec. 271.23  Procedures for withdrawing approval of State programs.

    (a) A State with a program approved under this part may voluntarily 
transfer program responsibilities required by Federal law to EPA by 
taking the following actions, or in such other manner as may be agreed 
upon with the Administrator.
    (1) The State shall give the Administrator 180 days notice of the 
proposed transfer and shall submit a plan for the orderly transfer of 
all relevent program information not in the possession of EPA (such as 
permits, permit files, compliance files, reports, permit applications) 
which are necessary for EPA to administer the program.
    (2) Within 60 days of receiving the notice and transfer plan, the 
Administrator shall evaluate the State's transfer plan and shall 
identify any additional information needed by the Federal government for 
program administration and/or identify any other deficiencies in the 
plan.
    (3) At least 30 days before the transfer is to occur the 
Administrator shall publish notice of the transfer in the Federal 
Register and in enough of the largest newspapers in the State to provide 
Statewide coverage, and shall mail notice to all permit holders, permit 
applicants, other regulated persons and other interested persons on 
appropriate EPA and State mailing lists.
    (b) The following procedures apply when the Administrator orders the 
commencement of proceedings to determine whether to withdraw approval of 
a State program.
    (1) Order. The Administrator may order the commencement of 
withdrawal proceedings on his or her own initiative or in response to a 
petition from an interested person alleging failure of the State to 
comply with the requirements of this part as set forth in Sec. 271.22. 
The Administrator shall respond in writing to any petition to commence 
withdrawal proceedings. He may conduct an informal investigation of the 
allegations in the petition to determine whether cause exists to 
commence proceedings under this paragraph. The Administrator's order 
commencing proceedings under this paragraph shall fix a time and place 
for the commencement of the hearing and shall specify the allegations 
against the State which are to be considered at the hearing. Within 30 
days the State shall admit or deny these allegations in a written 
answer. The party seeking with drawal of the State's program shall have 
the burden of coming forward with the evidence in a hearing under this 
paragraph.
    (2) Definitions. For purposes of this paragraph the definitions of 
Act, Administrative Law Judge, Hearing, Hearing Clerk, and Presiding 
Officer in 40 CFR 22.03 apply in addition to the following:
    (i) Party means the petitioner, the State, the Agency and any other 
person whose request to participate as a party is granted.
    (ii) Person means the Agency, the State and any individual or 
organization having an interest in the subject matter of the proceeding.
    (iii) Petitioner means any person whose petition for commencement of 
withdrawal proceedings has been granted by the Administrator.
    (3) Procedures. The following provisions of 40 CFR part 22 
(Consolidated Rules of Practice) are applicable to proceedings under 
this paragraph:
    (i) Section 22.02--(use of number/gender);
    (ii) Section 22.04(c)--(authorities of Presiding Officer);
    (iii) Section 22.06--(filing/service of rulings and orders);
    (iv) Section 22.07 (a) and (b)--except that, the time for 
commencement of

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the hearing shall not be extended beyond the date set in the 
Administrator's order without approval of the Administrator 
(computation/extension of time);
    (v) Section 22.08--however, substitute ``order commencing 
proceedings'' for ``complaint''--(Ex Parte contacts);
    (vi) Section 22.09--(examination of filed documents);
    (vii) Section 22.11 (a), (c) and (d), however, motions to intervene 
must be filed 15 days from the date the notice of the Administrator's 
order is first published--(intervention);
    (viii) Section 22.16 except that, service shall be in accordance 
with paragraph (b)(4) of this section, the first sentence in 
Sec. 22.16(c) shall be deleted, and, the word ``recommended'' shall be 
substituted for the word ``initial'' in Sec. 22.16(c)--(motions);
    (ix) Section 22.19 (a), (b) and (c)--(prehearing conference);
    (x) Section 22.22--(evidence);
    (xi) Section 22.23--(objections/offers of proof);
    (xii) Section 22.25--(filing the transcript); and
    (xiii) Section 22.26--(findings/conclusions).
    (4) Record of proceedings. (i) The hearing shall be either 
stenographically reported verbatim or tape recorded, and thereupon 
transcribed by an official reporter designated by the Presiding Officer;
    (ii) All orders issued by the Presiding Officer, transcripts of 
testimony, written statements of position, stipulations, exhibits, 
motions, briefs, and other written material of any kind submitted in the 
hearing shall be a part of the record and shall be available for 
inspection or copying in the Office of the Hearing Clerk, 1200 
Pennsylvania Ave., NW., Washington, DC 20460;
    (iii) Upon notice to all parties the Presiding Officer may authorize 
corrections to the transcript which involve matters of substance;
    (iv) An original and two (2) copies of all written submissions to 
the hearing shall be filed with the Hearing Clerk;
    (v) A copy of each such submission shall be served by the person 
making the submission upon the Presiding Officer and each party of 
record. Service under this paragraph shall take place by mail or 
personal delivery;
    (vi) Every submission shall be accompanied by an acknowledgement of 
service by the person served or proof of service in the form of a 
statement of the date, time, and manner of service and the names of the 
persons served, certified by the person who made service; and
    (vii) The Hearing Clerk shall maintain and furnish to any person 
upon request, a list containing the name, service address, and telephone 
number of all parties and their attorneys or duly authorized 
representatives.
    (5) Participation by a person not a party. A person who is not a 
party may, at the discretion of the Presiding Officer, be permitted to 
make a limited appearance by makng an oral or written statement of his/
her position on the issues within such limits and on such conditions as 
may be fixed by the Presiding Officer, but he/she may not otherwise 
participate in the proceeding.
    (6) Rights of parties. All parties to the proceeding may;
    (i) Appear by counsel or other representative in all hearing and 
pre-hearing proceedings;
    (ii) Agree to stipulations of facts which shall be made a part of 
the record.
    (7) Recommended decision. (i) Within 30 days after the filing of 
proposed findings and conclusions, and reply briefs, the Presiding 
Officer shall evaluate the record before him/her, the proposed findings 
and conclusions and any briefs filed by the parties and shall prepare a 
recommended decision, and shall certify the entire record, including the 
recommended decision, to the Administrator.
    (ii) Copies of the recommended decision shall be served upon all 
parties.
    (iii) Within 20 days after the certification and filing of the 
record and recommended decision, all parties may file with the 
Administrator exceptions to the recommended decision and a supporting 
brief.
    (8) Decision by Administrator. (i) Within 60 days after the 
certification of the record and filing of the Presiding Officer's 
recommended decision, the Administrator shall review the record before 
him and issue his own decision.

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    (ii) If the Administrator concludes that the State has administered 
the program in conformity with the Act and regulations his decision 
shall constitute ``final agency action'' within the meaning of 5 U.S.C. 
704.
    (iii) If the Administrator concludes that the State has not 
administered the program in conformity with the Act and regulations he 
shall list the deficiencies in the program and provide the State a 
reasonable time, not to exceed 90 days, to take such appropriate 
corrective action as the Administrator determines necessary.
    (iv) Within the time prescribed by the Administrator the State shall 
take such appropriate corrective action as required by the Administrator 
and shall file with the Administrator and all parties a statement 
certified by the State Director that appropriate corrective action has 
been taken.
    (v) The Administrator may require a further showing in addition to 
the certified statement that corrective action has been taken.
    (vi) If the State fails to take appropriate corrective action and 
file a certified statement thereof within the time prescribed by the 
Administrator, the Administrator shall issue a supplementary order 
withdrawing approval of the State program. If the State takes 
appropriate corrective action, the Administrator shall issue a 
supplementary order stating that approval of authority is not withdrawn.
    (vii) The Administrator's supplementary order shall constitute final 
Agency action within the meaning of 5 U.S.C. 704.
    (c) Withdrawal of authorization under this section and the Act does 
not relieve any person from complying with the requirements of State 
law, nor does it affect the validity of actions by the State prior to 
withdrawal.