[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: 40CFR281.50]

[Page 544]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table 
of Contents
 
                      Subpart E_Approval Procedures
 
Sec. 281.50  Approval procedures for state programs.


    (a) The following procedures are required for all applications, 
regardless of whether the application is for a partial or complete 
program, as defined in Sec. 281.12, or for interim or final approval in 
accordance with Sec. 281.11.
    (b) Before submitting an application to EPA for approval of a state 
program, the state must provide an opportunity for public notice and 
comment in the development of its underground storage tank program.
    (c) When EPA receives a state program application, EPA will examine 
the application and notify the state whether its application is 
complete, in accordance with the application components required in 
Sec. 281.20. The 180-day statutory review period begins only after EPA 
has determined that a complete application has been received.
    (d) The state and EPA may by mutual agreement extend the review 
period.
    (e) After receipt of a complete program application, the 
Administrator will tentatively determine approval or disapproval of the 
state program. EPA shall issue public notice of the tentative 
determination in the Federal Register; in enough of the largest 
newspapers in the state to attract statewide attention; and to persons 
on the state agency mailing list and any other persons who the agency 
has reason to believe are interested. Notice of the tentative 
determination must also:
    (1) Afford the public 30 days after the notice to comment on the 
state's application and the Administrator's tentative determination; and
    (2) Include a general statement of the areas of concern, if the 
Administrator indicates the state program may not be approved; and
    (3) Note the availability for inspection by the public of the state 
program application; and
    (4) Indicate that a public hearing will be held by EPA no earlier 
than 30 days after notice of the tentative determination unless 
insufficient public interest is expressed, at which time the Regional 
Administrator may cancel the public hearing.
    (f) Within 180 days of receipt of a complete state program 
application, the Administrator must make a final determination whether 
to approve the state program after review of all public comments. EPA 
will give notice of its determination in the Federal Register and codify 
the approved state program. The notice must include a statement of the 
reasons for this determination and a response to significant comments 
received.