[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR25.2]

[Page 275-276]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 25_PUBLIC PARTICIPATION IN PROGRAMS UNDER THE RESOURCE CONSERVATION 
 
Sec. 25.2  Scope.

    (a) The activities under the three Acts which are covered by this 
part are:
    (1) EPA rulemaking, except non-policy rulemaking (for example 
publication of funding allotments under statutory formulas); and State 
rulemaking under the Clean Water Act and Resource Conservation and 
Recovery Act;
    (2) EPA issuance and modification of permits, and enforcement of 
permits as delineated by Sec. 25.9;
    (3) Development by EPA of major informational materials, such as 
citizen guides or handbooks, which are expected to be used over several 
years and which are intended to be widely distributed to the public;
    (4) Development by EPA of strategy and policy guidance memoranda 
when a Deputy Assistant Administrator determines it to be appropriate;
    (5) Development and implementation of plans, programs, standards, 
construction, and other activities supported with EPA financial 
assistance (grants and cooperative agreements) to State, interstate, 
regional and local agencies (herein after referred to as ``State, 
interstate, and substate agencies'');
    (6) The process by which EPA makes a determination regarding 
approval of State administration of the Construction Grants program in 
lieu of Federal administration; and the administration of the 
Construction Grants Program by the State after EPA approval;
    (7) The process by which EPA makes a determination regarding 
approval of State administration of the following programs in lieu of 
Federal administration: The State Hazardous Waste Program; the NPDES 
Permit Program; the Dredge and Fill Permit Program; and the Underground 
Injection Control Program;
    (8) Other activities which the Assistant Administrator for Water and 
Waste Management, the Assistant Administrator for Enforcement, or any 
EPA Regional Administrator deems appropriate in view of the Agency's 
responsibility to involve the public in significant decisions.
    (b) Activities which are not covered by this part, except as 
otherwise provided under (a)(8) or (c) of this section, are activities 
under parts 33 (Subagreements), 39 (Loan Guarantees for Construction of 
Treatment Works), 40 (Research and Development Grants), 45 (Training 
Grants and Manpower Forecasting) and 46 (Fellowships) of this chapter.
    (c) Some programs covered by these regulations contain further 
provisions concerning public participation. These are found elsewhere in 
this chapter in provisions which apply to the program of interest. 
Regulations which govern the use and release of public information are 
set forth in part 2 of this chapter.
    (d) Specific provisions of court orders which conflict with 
requirements of this part, such as court-established timetables, shall 
take precedence over the provisions in this part.
    (e) Where the State undertakes functions in the construction grants 
program, the State shall be responsible for meeting these requirements 
for public participation, and any applicable public participation 
requirements found elsewhere in this chapter, to the same extent as EPA.
    (f) Where the State undertakes functions in those programs 
specifically cited in Sec. 25.2(a)(7), the State shall be responsible 
for meeting the requirements for public participation included in the 
applicable regulations governing those State programs. The requirements 
for public participation in State Hazardous Waste Programs, Dredge and 
Fill Permit programs, Underground Injection Control programs and NPDES 
permit programs are found in part 123 of this chapter. These regulations 
embody the substantive requirements of this part.
    (g) These regulations apply to the activities of all agencies 
receiving EPA financial assistance which is awarded after [the effective 
date of final regulations], and to all other covered activities of EPA, 
State, interstate, and substate agencies which occur after that date. 
These regulations will apply to ongoing grants or other covered 
activities upon any significant change in the activity (for example, 
upon a significant proposed increase in project scope of a construction 
grant). Parts 105

[[Page 276]]

(Public Participation in Water Pollution Control) and 249 (Public 
Participation in Solid Waste Management) will no longer appear in the 
Code of Federal Regulations; however, they will remain applicable, in 
uncodified form, to grants awarded prior to the effective date of this 
part and to all other ongoing activities.