[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR281.52]

[Page 531]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents
 
                     Subpart E--Approval Procedures
 
Sec. 281.52  Revision of approved state programs.

    (a) Either EPA or the approved state may initiate program revision. 
Program revision may be necessary when the controlling federal or state 
statutory or regulatory authority is changed or when responsibility for 
the state program is shifted to a new agency or agencies. The state must 
inform EPA of any proposed modifications to its basic statutory or 
regulatory authority or change in division of responsibility among state 
agencies. EPA will determine in each case whether a revision of the 
approved program is required.
    (b) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to an approved state program or 
the federal program, the Administrator may request, and the state must 
provide, a revised application as prescribed by EPA.
    (c) The Administrator will approve or disapprove program revisions 
based on the requirements of this part and of subtitle I pursuant to the 
procedures under this section, or under section 281.50 if EPA has reason 
to believe the proposed revision will receive significant negative 
comment from the public.
    (1) The Administrator must issue public notice of planned approval 
or disapproval of a state program revision in the Federal Register; in 
enough of the largest newspapers in the state to attract statewide 
attention; and by mailing to persons on the state agency mailing list 
and to any other persons who the agency has reason to believe are 
interested. The public notice must summarize the state program revision, 
indicate whether EPA intends to approve or disapprove the revision, and 
provide for an opportunity to comment for a period of 30 days.
    (2) The Administrator's decision on the proposed revision becomes 
effective 60 days after the date of publication in the Federal Register 
in accordance with paragraph (c)(1) of this section, unless significant 
negative comment opposing the proposed revision is received during the 
comment period. If significant negative comment is received, EPA must 
notify the state and within 60 days after the date of publication, 
publish in the Federal Register either:
    (i) A withdrawal of the immediate final decision, which will then be 
treated as a tentative decision in accordance with the applicable 
procedures of Sec. 281.50 (e) and (f); or
    (ii) A notice that contains a response to significant negative 
comments and affirms either that the immediate final decision takes 
effect or reverses the decision.
    (d) Revised state programs that receive approval must be codified in 
the Federal Register.