[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR403.11]

[Page 34-35]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 403-GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
 
Sec. 403.11  Approval procedures for POTW pretreatment programs and POTW granting of removal credits.

    The following procedures shall be adopted in approving or denying 
requests for approval of POTW Pretreatment Programs and applications for 
removal credit authorization:
    (a) Deadline for review of submission. The Approval Authority shall 
have 90 days from the date of public notice of any Submission complying 
with the requirements of Sec. 403.9(b) and, where removal 
credit authorization is sought with Sec.Sec. 
403.7(e) and 403.9(d), to review the Submission. The Approval Authority 
shall review the Submission to determine compliance with the 
requirements of Sec. 403.8 (b) and (f), and, where removal 
credit authorization is sought, with Sec. 403.7. The Approval 
Authority may have up to an additional 90 days to complete the 
evaluation of the Submission if the public comment period provided for 
in paragraph (b)(1)(ii) of this section is extended beyond 30 days or if 
a public hearing is held as provided for in paragraph (b)(2) of this 
section. In no event, however, shall the time for evaluation of the 
Submission exceed a total of 180 days from the date of public notice of 
a Submission meeting the requirements of Sec. 403.9(b) and, in 
the case of a removal credit application, Sec.Sec. 
403.7(e) and 403.9(b).
    (b) Public notice and opportunity for hearing. Upon receipt of a 
Submission the Approval Authority shall commence its review. Within 20 
work days after making a determination that a Submission meets the 
requirements of Sec. 403.9(b) and, where removal allowance 
approval is sought, Sec.Sec. 403.7(d) and 403.9(d), 
the Approval Authority shall:
    (1) Issue a public notice of request for approval of the Submission;
    (i) This public notice shall be circulated in a manner designed to 
inform interested and potentially interested persons of the Submission. 
Procedures for the circulation of public notice shall include:
    (A) Mailing notices of the request for approval of the Submission to 
designated 208 planning agencies, Federal and State fish, shellfish and 
wildfish resource agencies (unless such agencies have asked not to be 
sent the notices); and to any other person or group who has requested 
individual notice, including those on appropriate mailing lists; and
    (B) Publication of a notice of request for approval of the 
Submission in a newspaper(s) of general circulation within the 
jurisdiction(s) served by the POTW that meaningful public notice.
    (ii) The public notice shall provide a period of not less than 30 
days following the date of the public notice during which time 
interested persons may submit their written views on the Submission.
    (iii) All written comments submitted during the 30 day comment 
period shall be retained by the Approval Authority and considered in the 
decision on whether or not to approve the Submission. The period for 
comment may be extended at the discretion of the Approval Authority; and
    (2) Provide an opportunity for the applicant, any affected State, 
any interested State or Federal agency, person or group of persons to 
request a public hearing with respect to the Submission.
    (i) This request for public hearing shall be filed within the 30 day 
(or extended) comment period described in paragraph (b)(1)(ii) of this 
section and shall indicate the interest of the person filing such 
request and the reasons why a hearing is warranted.
    (ii) The Approval Authority shall hold a hearing if the POTW so 
requests. In addition, a hearing will be held if there is a significant 
public interest in issues relating to whether or not the Submission 
should be approved. Instances of doubt should be resolved in favor of 
holding the hearing.
    (iii) Public notice of a hearing to consider a Submission and 
sufficient to inform interested parties of the nature of the hearing and 
the right to participate shall be published in the same newspaper as the 
notice of the original request for approval of the Submission under 
paragraph (b)(1)(i)(B) of this section. In addition, notice of the 
hearing shall be sent to those persons requesting individual notice.
    (c) Approval authority decision. At the end of the 30 day (or 
extended) comment period and within the 90 day (or extended) period 
provided for in paragraph (a) of this section, the Approval

[[Page 35]]

Authority shall approve or deny the Submission based upon the evaluation 
in paragraph (a) of this section and taking into consideration comments 
submitted during the comment period and the record of the public 
hearing, if held. Where the Approval Authority makes a determination to 
deny the request, the Approval Authority shall so notify the POTW and 
each person who has requested individual notice. This notification shall 
include suggested modifications and the Approval Authority may allow the 
requestor additional time to bring the Submission into compliance with 
applicable requirements.
    (d) EPA objection to Director's decision. No POTW pretreatment 
program or authorization to grant removal allowances shall be approved 
by the Director if following the 30 day (or extended) evaluation period 
provided for in paragraph (b)(1)(ii) of this section and any hearing 
held pursuant to paragraph (b)(2) of this section the Regional 
Administrator sets forth in writing objections to the approval of such 
Submission and the reasons for such objections. A copy of the Regional 
Administrator's objections shall be provided to the applicant, and each 
person who has requested individual notice. The Regional Administrator 
shall provide an opportunity for written comments and may convene a 
public hearing on his or her objections. Unless retracted, the Regional 
Administrator's objections shall constitute a final ruling to deny 
approval of a POTW pretreatment program or authorization to grant 
removal allowances 90 days after the date the objections are issued.
    (e) Notice of decision. The Approval Authority shall notify those 
persons who submitted comments and participated in the public hearing, 
if held, of the approval or disapproval of the Submission. In addition, 
the Approval Authority shall cause to be published a notice of approval 
or disapproval in the same newspapers as the original notice of request 
for approval of the Submission was published. The Approval Authority 
shall identify in any notice of POTW Pretreatment Program approval any 
authorization to modify categorical Pretreatment Standards which the 
POTW may make, in accordance with Sec. 403.7, for removal of 
pollutants subject to Pretreatment Standards.
    (f) Public access to submission. The Approval Authority shall ensure 
that the Submission and any comments upon such Submission are available 
to the public for inspection and copying.

[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 31224, Aug. 3, 1984; 51 
FR 20429, June 4, 1986; 53 FR 40613, Oct. 17, 1988; 62 FR 38414, July 
17, 1997]