(a) The State program must control all the hazardous wastes controlled under 40 CFR part 261 and must adopt a list of hazardous wastes and set of characteristics for identifying hazardous wastes equivalent to those under 40 CFR part 261.

(b) The State is not required to have a delisting mechanism. A State may receive authorization for delisting if the State regulations for delisting decisions are equivalent to §260.20(b) and §260.22, and the State provides public notice and opportunity for comment before granting or denying delisting requests.

[51 FR 33721, Sept. 22, 1986]