[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: 40CFR255.40]

[Page 355]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 255--IDENTIFICATION OF REGIONS AND AGENCIES FOR SOLID WASTE MANAGEMENT--
Table of Contents
 
          Subpart E--Submission and Revision of Identifications
 
Sec. 255.40  Notification of status.


    This subpart describes procedures which may ultimately be required 
by EPA when it publishes regulations governing application and 
eligibility for grants under section 4007. Under these regulations the 
appropriate EPA Regional Administrator will consider the identifications 
made under section 4006 as one of the conditions of grant eligibility.
    The Regional Administrator may accept, in State grant applications, 
notification of the status of these identifications to ensure that 
premature decisions on State plan development will not be forced by the 
timing of the identifications specified in the Act. Procedures are 
outlined here to advise the States of what EPA expects to require in 
such notification.
    (a) The notification should specify those regional boundaries and 
agencies which are uncontested at the time of submission, and specify a 
schedule of hearings and determinations of subsequent identification of 
regions and agencies as consensus is reached.
    (b) The appropriate level of detail and the timing of the 
identifications to be made should be established for each planning 
region after agreement between the State and the appropriate EPA 
Regional Administrator. The timing should depend upon how well the State 
plan is developed, the environmental and economic decisions to be made, 
and the existing management approaches to their resolution.
    (c) The notification should list the major known interested agencies 
and private operators within each planning region and describe how they 
will be included in the process. Where appropriate, it should include an 
expression of their interest and a definition of the extent and limits 
of their role in solid waste management planning.
    (d) The notification should provide a schedule for phasing of plan 
development with the identification of agencies to carry out those 
plans, showing the projected maturation of management agencies and the 
milestones for those agencies in taking over the plan implementation 
process.
    (e) This notification should include establishment of State agencies 
where regional planning and implementation agencies have not been 
identified within 270 days of the Governor's promulgation of regulations 
identifying regional boundaries.

(See sec. 4006(b)(2))