[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR281.42]

[Page 543]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table 
of Contents
 
              Subpart D_Adequate Enforcement of Compliance
 
Sec. 281.42  Requirements for public participation.

    Any state administering a program must provide for public 
participation in the state enforcement process by providing any one of 
the following three options:
    (a) Authority that allows intervention analogous to Federal Rule 
24(a)(2), and assurance by the appropriate state enforcement agency that 
it will not oppose intervention under the state analogue to Rule 
24(a)(2) on the ground that the applicant's interest is adequately 
represented by the State.
    (b) Authority that allows intervention as of right in any civil 
action to obtain the remedies specified in Sec. 281.41 by any citizen 
having an interest that is or may be adversely affected; or
    (c) Assurance by the appropriate state agency that:
    (1) It will provide notice and opportunity for public comment on all 
proposed settlements of civil enforcement actions (except where 
immediate action is necessary to adequately protect human health and the 
environment);
    (2) It will investigate and provide responses to citizen complaints 
about violations; and
    (3) It will not oppose citizen intervention when permissive 
intervention is allowed by statute, rule, or regulation.