256 



"(e) Interim Status. — Any person who — 

 "(1) owns or operates a facility required to 



have a permit under this section which facility 



is in existence on the date of enactment of this 



Act, 

 "(2) has complied with the requirements of 



section 3010(a), and 



"(3) has made an application for a permit 



under this section 

 shall be treated as having been issued such per- 

 mit until such time as final administrative dis- 

 position of such application is made, unless the 

 Administrator or other plaintiff proves that final 

 administrative disposition of such application 

 has not been made because of the failure of the 

 applicant to furnish information reasonably re- 

 quired or requested in order to process the ap- 

 plication. 



"authorized state hazardckus waste programs 



"Sec 3006. (a) Federal Gtra)ELiNES. — Not later 

 than eighteen months after the date of enact- 

 ment of this Act, the Administrator, after con- 

 sultation 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 subtitle 

 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 subtitle in such State and to 

 issue and enforce permits for the storage, treat- 

 ment, or disposal of hazardous waste unless, within 

 ninety days following submission of the applica- 

 tion the Administrator notifies such State that 

 such program may not be authorized and, within 

 ninety days following such notice and after oppor- 

 timlty for public hearing, he finds that (1) such 

 State program is not equivalent to the Federal 

 program under this subtitle, (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 compli- 

 ance with the requirements of this subtitle. 



"(c) Interim Authorization. — Any State which 

 has in existence a hazardous waste program pur- 

 suant to State law before the date ninety days after 

 the date required for promulgation of regulations 

 under sections 3002, 3003, 3004, and 3005, submit 

 to the Administrator evidence of such existing 

 program any may request a temporary authoriza- 



tion to carry out such program under this subtitle. 

 The Administrator shall, if the evidence submitted 

 shows the existing State program to be substan- 

 tially equivalent to the Federal program under 

 this subtitle, grant an interim authorization to the 

 State to carry out such program in lieu of the 

 Federal program pursuant to this subtitle for a 

 twenty-four month period beginning on the date 

 six months after the date required for promulga- 

 tion of regulations under sections 3002 through 

 3005. 



"(d) Effect of State Permit. — Any action taken 

 by a State under a hazardous waste program au- 

 thorized under this section shall have the same 

 force and effect as action taken by the Administra- 

 tor under this subtitle. 



" (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 ac- 

 cordance with requirements of this section, he 

 shall so notify the State and, if appropriate cor- 

 rective 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 sub- 

 title. The Administrator shall not withdraw au- 

 thorization of any such program unless he shall 

 first have notified the State, and made public, in 

 writing, the reasons for such withdrawal. 



"inspections 



"Sec. 3007. (a) Access Entry. — For purposes of 

 developing or assisting in the development of any 

 regulation or enforcing the provisions of this sub- 

 title, any person who generates, stores, treats, 

 transports, disposes of, or otherwise handles haz- 

 ardous wastes shall, upon request of any ofiBcer 

 or employee of the Environmental Protection Agen- 

 cy, duly designated by the Administrator, or upon 

 request of any duly designated ofiScer employee 

 of a State having an authorized hazardous waste 

 program, furnish or permit such person at all rea- 

 sonable times to have access to, and to copy all 

 records relating to such wastes. For the purposes 

 of developing or assisting in the development of 

 any regulation or enforcing the provisions of this 

 title, such officers or employees are authorized — 

 "(1) to enter at reasonable times any estab- 

 lishment or other place maintained by any per- 

 son where hazardous wastes are generated, 

 stored, treated, or disposed of; 



"(2) to Inspect and obtain samples from any 

 person of any such wastes and samples of any 

 containers or labeling for such wastes. 

 Each such inspection shall be commenced and 

 completed with reasonable promptness. If the offi- 

 cer or employee obtains any samples, prior to leav- 

 ing the premises, he shall give to the owner, 

 operator, or agent in charge a receipt describing 

 the sample obtained and if requested a portion of 

 each such sample equal in volume or weight to the 

 portion retained. If any analysis is made of such 



