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Electronic Code of Federal Regulations

e-CFR Data is current as of April 22, 2014

Title 40: Protection of Environment

Subpart E—Approval Procedures

§281.50   Approval procedures for state programs.
§281.51   Amendment required at end of interim period.
§281.52   Revision of approved state programs.

§281.50   Approval procedures for state programs.

(a) The following procedures are required for all applications, regardless of whether the application is for a partial or complete program, as defined in §281.12, or for interim or final approval in accordance with §281.11.

(b) Before submitting an application to EPA for approval of a state program, the state must provide an opportunity for public notice and comment in the development of its underground storage tank program.

(c) When EPA receives a state program application, EPA will examine the application and notify the state whether its application is complete, in accordance with the application components required in §281.20. The 180-day statutory review period begins only after EPA has determined that a complete application has been received.

(d) The state and EPA may by mutual agreement extend the review period.

(e) After receipt of a complete program application, the Administrator will tentatively determine approval or disapproval of the state program. EPA shall issue public notice of the tentative determination in the Federal Register; in enough of the largest newspapers in the state to attract statewide attention; and to persons on the state agency mailing list and any other persons who the agency has reason to believe are interested. Notice of the tentative determination must also:

(1) Afford the public 30 days after the notice to comment on the state's application and the Administrator's tentative determination; and

(2) Include a general statement of the areas of concern, if the Administrator indicates the state program may not be approved; and

(3) Note the availability for inspection by the public of the state program application; and

(4) Indicate that a public hearing will be held by EPA no earlier than 30 days after notice of the tentative determination unless insufficient public interest is expressed, at which time the Regional Administrator may cancel the public hearing.

(f) Within 180 days of receipt of a complete state program application, the Administrator must make a final determination whether to approve the state program after review of all public comments. EPA will give notice of its determination in the Federal Register and codify the approved state program. The notice must include a statement of the reasons for this determination and a response to significant comments received.

§281.51   Amendment required at end of interim period.

(a) State programs that meet the requirements of section 281.11(c) (1) and (2) may be approved for 1 to 3 years from September 23, 1988. States that receive such interim approval must adopt requirements that are no less stringent than the corresponding federal requirements and standards within the timeframes specified under §281.11(c)(3).

(b) By the end of the specified time period, a state with interim approval must submit to EPA an amendment to its application that includes all modified and new requirements for any of the elements containing less stringent requirements. Such amended applications must also include a modified program description, an Attorney General's statement and a Memorandum of Agreement that incorporate the amended program requirements, and copies of all applicable state statutes and regulations.

(c) Upon receipt of the application amendment, the Administrator shall follow the same review and approval procedures as required in §281.50.

(d) If a state fails to submit an amendment within the specified timeframe, the interim approval of the state program expires upon the applicable date established under §281.11(c), and the Subtitle I program automatically reverts to EPA.

(e) If a state submits an amendment to the program application within the timeframe specified under §281.11(c)(3) and the amendmant is disapproved after the end of the time period, the interim approval of the state program expires immediately upon disapproval and the Subtitle I program automatically reverts to EPA.

(f) If interim approval of the state program expires, EPA must notify the regulated community and the public of the re-establishment of the federal program through a notice in the Federal Register.

§281.52   Revision of approved state programs.

(a) Either EPA or the approved state may initiate program revision. Program revision may be necessary when the controlling federal or state statutory or regulatory authority is changed or when responsibility for the state program is shifted to a new agency or agencies. The state must inform EPA of any proposed modifications to its basic statutory or regulatory authority or change in division of responsibility among state agencies. EPA will determine in each case whether a revision of the approved program is required.

(b) Whenever the Administrator has reason to believe that circumstances have changed with respect to an approved state program or the federal program, the Administrator may request, and the state must provide, a revised application as prescribed by EPA.

(c) The Administrator will approve or disapprove program revisions based on the requirements of this part and of subtitle I pursuant to the procedures under this section, or under section 281.50 if EPA has reason to believe the proposed revision will receive significant negative comment from the public.

(1) The Administrator must issue public notice of planned approval or disapproval of a state program revision in the Federal Register; in enough of the largest newspapers in the state to attract statewide attention; and by mailing to persons on the state agency mailing list and to any other persons who the agency has reason to believe are interested. The public notice must summarize the state program revision, indicate whether EPA intends to approve or disapprove the revision, and provide for an opportunity to comment for a period of 30 days.

(2) The Administrator's decision on the proposed revision becomes effective 60 days after the date of publication in the Federal Register in accordance with paragraph (c)(1) of this section, unless significant negative comment opposing the proposed revision is received during the comment period. If significant negative comment is received, EPA must notify the state and within 60 days after the date of publication, publish in the Federal Register either:

(i) A withdrawal of the immediate final decision, which will then be treated as a tentative decision in accordance with the applicable procedures of §281.50 (e) and (f); or

(ii) A notice that contains a response to significant negative comments and affirms either that the immediate final decision takes effect or reverses the decision.

(d) Revised state programs that receive approval must be codified in the Federal Register.

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