(a) Prior to submitting an application to EPA for approval of a State program, the State shall issue public notice of its intent to seek program approval from EPA. This public notice shall:
(1) Be circulated in a manner calculated to attract the attention of interested persons including:
(i) Publication in enough of the largest newspapers in the State to attract statewide attention; and
(ii) Mailing to persons on the State agency mailing list and to any other persons whom the agency has reason to believe are interested;
(2) Indicate when and where the State's proposed submission may be reviewed by the public;
(3) Indicate the cost of obtaining a copy of the submission;
(4) Provide for a comment period of not less than 30 days during which time interested members of the public may express their views on the proposed program;
(5) Provide that a public hearing will be held by the State or EPA if sufficient public interest is shown or, alternatively, schedule such a public hearing. Any public hearing to be held by the State on its application for authorization shall be scheduled no earlier than 30 days after the notice of hearing is published;
(6) Briefly outline the fundamental aspects of the State program; and
(7) Identify a person that an interested member of the public may contact with any questions.
(b) If the proposed State program is substantially modified after the public comment period provided in paragraph (a)(4) of this section, the State shall, prior to submitting its program to the Administrator, provide an opportunity for further public comment in accordance with the procedures of paragraph (a) of this section. Provided, that the opportunity for further public comment may be limited to those portions of the State's application which have been changed since the prior public notice.
(c) After complying with the requirements of paragraphs (a) and (b) of this section, the State may submit, in accordance with § 271.5, a proposed program to EPA for approval. Such formal submission may only be made after the date of promulgation of the last component of Phase II. The program submission shall include copies of all written comments received by the State, a transcript, recording, or summary of any public hearing which was held by the State, and a responsiveness summary which identifies the public participation activities conducted, describes the matters presented to the public, summarizes significant comments received and responds to these comments.
(d) Within 90 days from the date of receipt of a complete program submission for final authorization, the Administrator shall make a tentative determination as to whether or not he expects to grant authorization to the State program. If the Administrator indicates that he may not approve the State program he shall include a general statement of his areas of concern. The Administrator shall give notice of this tentative determination in the Federal Register and in accordance with paragraph (a)(1) of this section. Notice of the tentative determination of authorization shall also:
(1) Indicate that a public hearing will be held by EPA no earlier than 30 days after notice of the tentative determination of authorization. The notice may require persons wishing to present testimony to file a request with the Regional Administrator, who may cancel the public hearing if sufficient public interest in a hearing is not expressed.
(2) Afford the public 30 days after the notice to comment on the State's submission and the tentative determination; and
(3) Note the availability of the State submission for inspection and copying by the public.
(e) Within 90 days of the notice given pursuant to paragraph (d) of this section, the Administrator shall make a final determination whether or not to approve the State's program, taking into account any comments submitted. The Administrator shall give notice of this final determination in the Federal Register and in accordance with paragraph (a)(1) of this section. The notification shall include a concise statement of the reasons for this determination, and a response to significant comments received.
[48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 60 FR 33914, June 29, 1994]
Title 40 published on 2014-07-01
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