---
kind: "section"
citation: "42 U.S.C. § 6926"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6926"
heading: "Authorized State hazardous waste programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6926"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter III — Hazardous Waste Management"
---

# §6926. Authorized State hazardous waste programs

- (a) **Federal guidelines—** Not later than eighteen months after October 21, 1976, the [Administrator](/usc/42/6903.md?p=1), after consultation with [State authorities](/usc/42/6903.md?p=32), shall promulgate guidelines to assist [States](/usc/42/6903.md?p=31) in the Development of [State](/usc/42/6903.md?p=31) [hazardous waste](/usc/42/6903.md?p=5) programs.
- (b) **Authorization of State program—** Any [State](/usc/42/6903.md?p=31) which seeks to administer and enforce a [hazardous waste](/usc/42/6903.md?p=5) program pursuant to this subchapter may develop and, after notice and opportunity for public hearing, submit to the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=31) is authorized to carry out such program in lieu of the Federal program under this subchapter in such [State](/usc/42/6903.md?p=31) and to issue and enforce permits for the [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) (and to enforce permits deemed to have been issued under [section 6935(d)(1)](/usc/42/6935.md?p=d-1)[^1] of this title) unless, within ninety days following submission of the application the [Administrator](/usc/42/6903.md?p=1) notifies such [State](/usc/42/6903.md?p=31) 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](/usc/42/6903.md?p=31) program is not equivalent to the Federal program under this subchapter, (2) such program is not consistent with the Federal or [State](/usc/42/6903.md?p=31) programs applicable in other [States](/usc/42/6903.md?p=31), or (3) such program does not provide adequate enforcement of compliance with the requirements of this subchapter. In authorizing a [State](/usc/42/6903.md?p=31) program, the [Administrator](/usc/42/6903.md?p=1) may base his findings on the Federal program in effect one year prior to submission of a [State](/usc/42/6903.md?p=31)’s application or in effect on January 26, 1983, whichever is later.
- (c) **Interim authorization—**
  - (1) Any [State](/usc/42/6903.md?p=31) which has in existence a [hazardous waste](/usc/42/6903.md?p=5) program pursuant to [State](/usc/42/6903.md?p=31) law before the date ninety days after the date of promulgation of regulations under sections [6922](/usc/42/6922.md), [6923](/usc/42/6923.md), [6924](/usc/42/6924.md), and [6925](/usc/42/6925.md) of this title, may submit to the [Administrator](/usc/42/6903.md?p=1) evidence of such existing program and may request a temporary authorization to carry out such program under this subchapter. The [Administrator](/usc/42/6903.md?p=1) shall, if the evidence submitted shows the existing [State](/usc/42/6903.md?p=31) program to be substantially equivalent to the Federal program under this subchapter, grant an interim authorization to the [State](/usc/42/6903.md?p=31) 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](/usc/42/6903.md?p=1) shall, by rule, establish a date for the expiration of interim authorization under this subsection.
  - (3) Pending interim or final authorization of a [State](/usc/42/6903.md?p=31) program for any [State](/usc/42/6903.md?p=31) which reflects the amendments made by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984, the [State](/usc/42/6903.md?p=31) may enter into an agreement with the [Administrator](/usc/42/6903.md?p=1) under which the [State](/usc/42/6903.md?p=31) may assist in the administration of the requirements and prohibitions which take effect pursuant to such Amendments.
  - (4) In the case of a [State](/usc/42/6903.md?p=31) permit program for any [State](/usc/42/6903.md?p=31) which is authorized under [subsection (b)](#b) or under this subsection, until such program is amended to reflect the amendments made by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984 and such program amendments receive interim or final authorization, the [Administrator](/usc/42/6903.md?p=1) shall have the authority in such [State](/usc/42/6903.md?p=31) to issue or deny permits or those portions of permits affected by the requirements and prohibitions established by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984. The [Administrator](/usc/42/6903.md?p=1) shall coordinate with [States](/usc/42/6903.md?p=31) the procedures for issuing such permits.
- (d) **Effect of State permit—** Any action taken by a [State](/usc/42/6903.md?p=31) under a [hazardous waste](/usc/42/6903.md?p=5) program authorized under this section shall have the same force and effect as action taken by the [Administrator](/usc/42/6903.md?p=1) under this subchapter.
- (e) **Withdrawal of authorization—** Whenever the [Administrator](/usc/42/6903.md?p=1) determines after public hearing that a [State](/usc/42/6903.md?p=31) is not administering and enforcing a program authorized under this section in accordance with requirements of this section, he shall so notify the [State](/usc/42/6903.md?p=31) and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the [Administrator](/usc/42/6903.md?p=1) shall withdraw authorization of such program and establish a Federal program pursuant to this subchapter. The [Administrator](/usc/42/6903.md?p=1) shall not withdraw authorization of any such program unless he shall first have notified the [State](/usc/42/6903.md?p=31), and made public, in writing, the reasons for such withdrawal.
- (f) **Availability of information—** No [State](/usc/42/6903.md?p=31) program may be authorized by the [Administrator](/usc/42/6903.md?p=1) under this section unless—
  - (1) such program provides for the public availability of information obtained by the [State](/usc/42/6903.md?p=31) regarding facilities and sites for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5); 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](/usc/42/6903.md?p=1) was carrying out the provisions of this subchapter in such [State](/usc/42/6903.md?p=31).
- (g) **Amendments made by 1984 act—**
  - (1) Any requirement or prohibition which is applicable to the generation, transportation, [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) and which is imposed under this subchapter pursuant to the amendments made by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984 shall take effect in each [State](/usc/42/6903.md?p=31) having an interim or finally authorized [State](/usc/42/6903.md?p=31) program on the same date as such requirement takes effect in other [States](/usc/42/6903.md?p=31). The [Administrator](/usc/42/6903.md?p=1) shall carry out such requirement directly in each such [State](/usc/42/6903.md?p=31) unless the [State](/usc/42/6903.md?p=31) program is finally authorized (or is granted interim authorization as provided in [paragraph (2)](#g-2)) with respect to such requirement.
  - (2) Any [State](/usc/42/6903.md?p=31) which, before November 8, 1984, has an existing [hazardous waste](/usc/42/6903.md?p=5) program which has been granted interim or final authorization under this section may submit to the [Administrator](/usc/42/6903.md?p=1) 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)](#g-1) and may request interim authorization to carry out that requirement under this subchapter. The [Administrator](/usc/42/6903.md?p=1) shall, if the evidence submitted shows the [State](/usc/42/6903.md?p=31) requirement to be substantially equivalent to the requirement referred to in [paragraph (1)](#g-1), grant an interim authorization to the [State](/usc/42/6903.md?p=31) to carry out such requirement in lieu of direct administration in the [State](/usc/42/6903.md?p=31) by the [Administrator](/usc/42/6903.md?p=1) of such requirement.
- (h) **State programs for used oil—** In the case of [used oil](/usc/42/6903.md?p=36) which is not listed or identified under this subchapter as a [hazardous waste](/usc/42/6903.md?p=5) but which is regulated under [section 6935 of this title](/usc/42/6935.md), the provisions of this section regarding [State](/usc/42/6903.md?p=31) programs shall apply in the same manner and to the same extent as such provisions apply to [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References 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 Subsidiaries

### Effective 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 Documents

### Transfer 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.