[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: 40CFR239.12]

[Page 314-315]
 
                   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. 239.12  Modifications of state programs.

    (a) Approved state permit programs may be modified for various 
reasons, such as changes in federal or state statutory or regulatory 
authority.
    (b) If the federal statutory or regulatory authorities that have 
significant

[[Page 315]]

implications for state permit programs change, approved states may be 
required to revise their permit programs. These changes may necessitate 
submission of a revised application. Such a change at the federal level 
and resultant state requirements would be made known to the states 
either in a Federal Register document containing the change or through 
the appropriate EPA Regional Office.
    (c) States that modify their programs must notify the Regional 
Administrator of the modifications. Program modifications include 
changes in state statutory or regulatory authority or relevant guidance 
or shifting of responsibility for the state program within the lead 
agency or to a new or different state agency or agencies. Changes to the 
state's permit program, as described in its application which may result 
in the program becoming inadequate, must be reported to the Regional 
Administrator. In addition, changes to a state's basic statutory or 
regulatory authority or guidance which were not part of the state's 
initial application, but may have a significant impact on the adequacy 
of the state's permit program, also must be reported to the Regional 
Administrator.
    (d) States must notify the appropriate Regional Administrator of all 
permit program modifications required in paragraphs (b) and (c) of this 
section within a time-frame agreed to by the State Director and the 
Regional Administrator.
    (e) The Regional Administrator will review the modifications and 
determine whether the State Director must submit a revised application. 
If a revised application is necessary, the Regional Administrator will 
inform the State Director in writing that a revised application is 
necessary, specifying the required revisions and establishing a schedule 
for submission of the revised application.
    (f) For all revised municipal solid waste landfill permit program 
applications, and for all amended applications in the case of partially 
approved programs, the state must submit to the appropriate Regional 
Administrator an amended application that addresses those portions of 
its program that have changed or are being amended. For such revised 
programs, as well as for those from states seeking EPA approval of 
permit programs for state regulation of non-municipal, non-hazardous 
waste disposal units which receive conditionally exempt small quantity 
generator hazardous waste, the Regional Administrator will make an 
adequacy determination using the criteria found in Sec. 239.10.
    (g) For revised applications that do not incorporate permit programs 
for additional classifications of Subtitle D regulated facilities and 
for all amended applications in the case of partially approved programs, 
the appropriate Regional Administrator shall provide for public 
participation using the procedures outlined in Sec. 239.10 or, at the 
Regional Administrator's discretion, using the following procedures.
    (1) The Regional Administrator will publish an adequacy 
determination in the Federal Register summarizing the Agency's decision 
and the portion(s) of the state permit program affected and providing an 
opportunity to comment for a period of at least 60 days.
    (2) The adequacy determination will become effective 60 days 
following publication, if no adverse comments are received. If EPA 
receives comments opposing its adequacy determination, the Regional 
Administrator will review these comments and publish another Federal 
Register document responding to public comments and either affirming or 
revising the initial decision.