California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 20 - The Hazardous Waste Permit Program › Article 1 - General Information › Section 66270.3 - Considerations Under Federal Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following is a list of Federal laws that may apply to
					 the issuance of permits under these rules. When any of these laws is
					 applicable, its procedures shall be followed. When the applicable law requires
					 consideration or adoption of particular permit conditions or requires the
					 denial of a permit, those requirements also shall be followed.
(a) The Wild and Scenic Rivers Act.
				  16 U.S.C. section
				  1273 et seq.) section
				  7 of the Act prohibits the USEPA
				  Regional Administrator and the Department from assisting by permit or otherwise
				  the construction of any water resources project that would have a direct,
				  adverse effect on the values for which a national wild and scenic river was
				  established.
(b) The National
				  Historic Preservation Act of 1966. (16 U.S.C. section 470 et seq.)
				  section 106 of the Act and implementing
				  regulations ( 36 CFR Part 800 ) require the USEPA Regional Administrator and
				  the Department, before issuing a permit, to adopt measures when feasible to
				  mitigate potential adverse effects of the licensed activity and properties
				  listed or eligible for listing in the National Register of Historic Places. The
				  Act's requirements are to be implemented in cooperation with the California
				  State Office of Historic Preservation and upon notice to, and when appropriate,
				  in consultation with the Advisory Council on Historic Preservation.
(c) The Endangered Species Act.
				  16 U.S.C. section
				  1531 et seq.) section
				  7 of the Act and implementing
				  regulations ( 50 CFR Part 402 ) require the USEPA Regional Administrator and
				  the Department to ensure, in consultation with the Secretary of the Interior or
				  Commerce, that any action authorized by USEPA or the Department is not likely
				  to jeopardize the continued existence of any endangered or threatened species
				  or adversely affect its critical habitat.
(d) The Coastal Zone Management Act.
				  (16 U.S.C. section
				  1451 et seq.) section
				  307(c) of the Act
				  and implementing regulations ( 15 CFR Part 930 ) prohibit USEPA and the
				  Department from issuing a permit for an activity affecting land or water use in
				  the coastal zone until the applicant certifies that the proposed activity
				  complies with the California State Coastal Zone Management Program, and the
				  California Coastal Commission concurs with the certification (or the U.S.
				  Secretary of Commerce overrides the Commission's nonconcurrence).
(e) The Fish and Wildlife Coordination Act.
				  16 U.S.C. section
				  661 et seq. requires that the USEPA Regional
				  Administrator and the Department, before issuing a permit proposing or
				  authorizing the impoundment (with certain exemptions), diversion, or other
				  control or modification of any body of water, consult with the State Department
				  of Fish and Game exercising jurisdiction over wildlife resources to conserve
				  those resources.
(f) Executive
				  orders. [Reserved]
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150
						and
						25159,
						Health and Safety Code. Reference: Sections
						25159
						and
						25159.5,
						Health and Safety Code; 40
						CFR Section
						270.3.