[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.20]

[Page 368-370]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS--Table of Contents
 
             Subpart A--Requirements for Final Authorization
 
Sec. 271.20  Approval process.

    (a) Prior to submitting an application to EPA for approval of a 
State program, the State shall issue public

[[Page 369]]

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 Sec. 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

[[Page 370]]

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]