[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR239.10]

[Page 313-314]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 239--REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF 
ADEQUACY--Table of Contents
 
              Subpart D--Adequacy Determination Procedures
 
Sec. 239.10  Criteria and procedures for making adequacy determinations.


    (a) The State Director seeking an adequacy determination must submit 
to the appropriate Regional Administrator an application in accordance 
with Sec. 239.3.
    (b) Within 30 days of receipt of a state program application, the 
Regional Administrator will review the application and notify the state 
whether its application is administratively complete in accordance with 
the application components required in Sec. 239.3. The 180-day review 
period for final determination of adequacy, described in paragraph (d) 
of this section, begins when the Regional Administrator deems a state 
application to be administratively complete.
    (c) After receipt and review of a complete application, the Regional 
Administrator will make a tentative determination on the adequacy of the 
state program. The Regional Administrator shall publish the tentative 
determination on the adequacy of the state program in the Federal 
Register. Notice of the tentative determination must:
    (1) Specify the Regional Administrator's tentative determination;
    (2) Afford the public at least 30 days after the notice to comment 
on the state application and the Regional Administrator's tentative 
determination;
    (3) Include a specific statement of the areas of concern, if the 
Regional Administrator indicates the state program may not be adequate;
    (4) Note the availability for inspection by the public of the state 
permit program application; and
    (5) Indicate that a public hearing will be held by EPA if sufficient 
public interest is expressed during the comment period. The Regional 
Administrator may determine when such a hearing is necessary to clarify 
issues involved in the tentative adequacy determination. If held, the 
public hearing will be scheduled at least 45 days from public

[[Page 314]]

notice of such hearing. The public comment period may be continued after 
the hearing at the discretion of the Regional Administrator.
    (d) Within 180 days of determining that a state program application 
is administratively complete, the Regional Administrator will make a 
final determination of adequacy after review and consideration of all 
public comments, unless the Regional Administrator, after consultation 
with the State Director, agrees to extend the review period. The 
Regional Administrator will give notice of the final determination in 
the Federal Register. The document must include a statement of the 
reasons for the determination and a response to significant comments 
received.
    (e) For all states that do not submit an application, the 
Administrator or Regional Administrator may issue a final determination 
of inadequacy in the Federal Register declaring those state permit 
programs inadequate to ensure compliance with the relevant Subtitle D 
federal revised criteria. Such states may apply later for a 
determination of adequacy.