[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR123.61]

[Page 250]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 123--STATE PROGRAM REQUIREMENTS--Table of Contents
 
          Subpart D--Program Approval, Revision, and Withdrawal
 
Sec. 123.61  Approval process.


    (a) After determining that a State program submission is complete, 
EPA shall publish notice of the State's application in the Federal 
Register, and in enough of the largest newspapers in the State to 
attract statewide attention, and shall mail notice to persons known to 
be interested in such matters, including all persons on appropriate 
State and EPA mailing lists and all permit holders and applicants within 
the State. The notice shall:
    (1) Provide a comment period of not less than 45 days during which 
interested members of the public may express their views on the State 
program;
    (2) Provide for a public hearing within the State to be held no less 
than 30 days after notice is published in the Federal Register;
    (3) Indicate the cost of obtaining a copy of the State's submission;
    (4) Indicate where and when the State's submission may be reviewed 
by the public;
    (5) Indicate whom an interested member of the public should contact 
with any questions; and
    (6) Briefly outline the fundamental aspects of the State's proposed 
program, and the process for EPA review and decision.
    (b) Within 90 days of the receipt of a complete program submission 
under Sec. 123.21 the Administrator shall approve or disapprove the 
program based on the requirements of this part and of CWA and taking 
into consideration all comments received. A responsiveness summary shall 
be prepared by the Regional Office which identifies the public 
participation activities conducted, describes the matters presented to 
the public, summarizes significant comments received and explains the 
Agency's response to these comments.
    (c) If the Administrator approves the State's program he or she 
shall notify the State and publish notice in the Federal Register. The 
Regional Administrator shall suspend the issuance of permits by EPA as 
of the date of program approval.
    (d) If the Administrator disapproves the State program he or she 
shall notify the State of the reasons for disapproval and of any 
revisions or modifications to the State program which are necessary to 
obtain approval.

[48 FR 14178, Apr. 1, 1983; 50 FR 6941, Feb. 19, 1985]