§271.28 Streamlined authorization procedures.

(a) The procedures contained in this section may be used by a State when revising its program by applying for authorization for the requirements promulgated by the Land Disposal Restrictions Mineral Processing Waste Rule, provided a State is authorized for Land Disposal Restrictions rules up to the Third Third (55 FR 22520, June 1, 1990).

(b) An application for a revision of a State's program for the provisions stated in paragraph (a) of this section shall consist of:

(1) A certification from the State that its laws provide authority that is equivalent to and no less stringent than the provisions specified in paragraph (a), and which includes references to the specific statutes, administrative regulations and where appropriate, judicial decisions. State statutes and regulations cited in the State certification shall be fully effective at the time the certification is signed; and

(2) Copies of all applicable State statutes and regulations.

(3) Certification from the State that its laws provide authority that is equivalent to and no less stringent than the provisions specified in paragraph (c) of this section.

(c) Within 30 days of receipt by EPA of a State's application for final authorization to implement a rule specified in paragraph (a) of this section, if the Administrator determines that the application is not complete, the Administrator shall notify the State that the application is incomplete. This notice shall include a concise statement of the deficiencies which form the basis for this determination. The State must also include a written assurance that the State has the legal authority to implement the key requirements of this rule. The State program must demonstrate:

(1) That it can distinguish land-based units receiving mineral processing residuals from those units operating as waste disposal units, based in part of factors set out in 40 CFR 261.4(a)(14) and 40 CFR 267.10 ;

(2) That it imposes preventive measures (including design and operating conditions) on these units;

(3) That it establishes groundwater protection criteria;

(4) That it requires groundwater monitoring;

(5) That it detects and remediate releases of hazardous constituents from the unit to groundwater should such releases occur; and

(6) The State program must provide for public participation in the process of developing requirements for particular land-based units.

(d) For purposes of this section, an incomplete application is one where:

(1) Copies of applicable statutes or regulations were not included;

(2) The statutes or regulations relied on by the State to implement the program revisions are not yet in effect;

(3) The State is not authorized to implement the prerequisite RCRA rules as specified in paragraph (a) of this section; or

(4) In the certification, the citations to the specific statutes, administrative regulations and where appropriate, judicial decisions are not included or incomplete.

(e) Within 60 days after receipt of a complete final application from a State for final authorization to implement a rule or rules specified in paragraph (a) of this section, absent information in the possession of EPA, the Administrator shall publish an immediate final notice of the decision to grant final authorization as follows:

(1) In the Federal Register ;

(2) In enough of the largest newspapers in the State to attract Statewide attention; and

(3) By mailing to persons on the State agency mailing list and to any other persons whom the Agency has reason to believe are interested.

(f) The public notice under paragraph (e) of this section shall summarize the State program revision and provide for an opportunity to comment for a period of 30 days.

(g) Approval of State program revisions under this section shall become effective 60 days after the date of publication in the Federal Register in accordance with paragraph (e) of this section, unless a significant adverse comment pertaining to the State program revision discussed in the notice is received by the end of the comment period. If a significant adverse comment is received, the Administrator shall so notify the State and shall, within 60 days after the date of publication, publish in the Federal Register either:

(1) A withdrawal of the immediate final decision; or

(2) A notice containing a response to comments and either affirming that the immediate final decision takes effect or reversing the decision.