[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: 40CFR239.11]

[Page 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. 239.11  Approval procedures for partial approval.

    (a) EPA may partially approve state permit programs that do not meet 
all of the requirements in Sec. 239.6(e)(3) (i.e., do not incorporate 
all of the relevant Subtitle D federal revised criteria). Such permit 
programs may be partially approved if:
    (1) The appropriate Regional Administrator determines that the 
state's permit program largely meets the technical requirements of 
Sec. 239.6 and meets all other requirements of this part;
    (2) Changes to a specific part(s) of the state permit program are 
required in order for the state program to fully meet the requirements 
of Sec. 239.6; and
    (3) Provisions not included in the partially approved portions of 
the state permit program are clearly identifiable and separable subsets 
of the relevant Subtitle D federal revised criteria.
    (b) A state applying for partial approval must include in its 
application a schedule to revise the necessary laws, regulations, and/or 
guidance to obtain full approval within two years of final approval of 
the partial permit program. The Regional Administrator and the State 
Director must agree to the schedule.
    (c) The application for partial approval must fully meet the 
requirements of subparts B and C of this part.
    (d) States with partially approved permit programs are only approved 
for those relevant provisions of the Subtitle D criteria included in the 
partial approval.
    (e) Any partial approval adequacy determination made by the Regional 
Administrator pursuant to this section and Sec. 239.10 shall expire two 
years from the effective date of the final partial program adequacy 
determination unless the Regional Administrator grants an extension. 
States seeking an extension must submit a request to the appropriate 
Regional Administrator, must provide good cause for missing the 
deadline, and must supply a new schedule to revise necessary laws, 
regulations, and/or guidance to obtain full approval. The appropriate 
Regional Administrator will decide if there is good cause and if the new 
schedule is realistic. If the Regional Administrator extends the 
expiration date, the Region will publish a document in the Federal 
Register along with the new expiration date. A state with partial 
approval shall submit an amended application meeting all of the 
requirements of this part and have that application approved by the two-
year deadline or the amended date set by the Regional Administrator.
    (f) The Regional Administrator will follow the adequacy 
determination procedures in Sec. 239.10 for all initial applications for 
partial program approval and follow the adequacy determination 
procedures in Sec. 239.12(f) for any amendments for approval for 
unapproved sections of the relevant Subtitle D federal revised criteria.