[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR145.31]

[Page 693-694]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 145_STATE UIC PROGRAM REQUIREMENTS--Table of Contents
 
           Subpart D_Program Approval, Revision and Withdrawal
 
Sec. 145.31  Approval process.


    (a) Prior to submitting an application to the Administrator for 
approval of a State UIC program, the State shall issue public notice of 
its intent to adopt a UIC program and to seek program approval from EPA. 
This public notice shall:
    (1) Be circulated in a manner calculated to attract the attention of 
interested persons. Circulation of the public notice shall include 
publication in enough of the largest newspapers in the State to attract 
Statewide attention and mailing to persons on appropriate State mailing 
lists and to any other persons whom the agency has reason to believe are 
interested;
    (2) Indicate when and where the State's proposed program submission 
may be reviewed by the public;
    (3) Indicate the cost of obtaining a copy of the submission;
    (4) Provide for a comment period of not less than 30 days during 
which interested persons may comment on the proposed UIC program;
    (5) Schedule a public hearing on the State program for no less than 
30 days after notice of the hearing is published;
    (6) Briefly outline the fundamental aspects of the State UIC 
program; and
    (7) Identify a person that an interested member of the public may 
contact for further information.
    (b) After complying with the requirements of paragraph (a) of this 
section any State may submit a proposed UIC

[[Page 694]]

program under section 1422 of SDWA and Sec. 145.22 of this part to EPA 
for approval. Such a submission shall include a showing of compliance 
with paragraph (a) of this section; copies of all written comments 
received by the State; a transcript, recording or summary of any public 
hearing which was held by the State; and a responsiveness summary which 
identifies the public participation activities conducted, describes the 
matters presented to the public, summarizes significant comments 
received, and responds to these comments. A copy of the responsiveness 
summary shall be sent to those who testified at the hearing, and others 
upon request.
    (c) After determining that a State's submission for UIC program 
approval is complete the Administrator shall issue public notice of the 
submission in the Federal Register and in accordance with paragraph 
(a)(1) of this section. Such notice shall:
    (1) Indicate that a public hearing will be held by EPA no earlier 
than 30 days after notice of the hearing. The notice may require persons 
wishing to present testimony to file a request with the Regional 
Administrator, who may cancel the public hearing if sufficient public 
interest in a hearing is not expressed;
    (2) Afford the public 30 days after the notice to comment on the 
State's submission; and
    (3) Note the availability of the State submission for inspection and 
copying by the public.
    (d) The Administrator shall approve State programs which conform to 
the applicable requirements of this part.
    (e) Within 90 days of the receipt of a complete submission (as 
provided in Sec. 145.22) or material amendment thereto, the 
Administrator shall by rule either fully approve, disapprove, or approve 
in part the State's UIC program taking into account any comments 
submitted. The Administrator shall give notice of this rule in the 
Federal Register and in accordance with paragraph (a)(1) of this 
section. If the Administrator determines not to approve the State 
program or to approve it only in part, the notice shall include a 
concise statement of the reasons for this determination. A 
responsiveness summary shall be prepared by the Regional Office which 
identifies the public participation activities conducted, describes the 
matters presented to the public, summarizes significant comments 
received, and explains the Agency's response to these comments. The 
responsiveness summary shall be sent to those who testified at the 
public hearing, and to others upon request.