[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR239.10]



[Page 317-318]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 239_REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY

--Table of Contents

 

               Subpart D_Adequacy Determination Procedures

 

Sec.  239.10  Criteria and procedures for making adequacy determinations.





    (a) The State Director seeking an adequacy determination must submit 

to the appropriate Regional Administrator an application in accordance 

with Sec.  239.3.

    (b) Within 30 days of receipt of a state program application, the 

Regional Administrator will review the application and notify the state 

whether its application is administratively complete in accordance with 

the application components required in Sec.  239.3. The 180-day review 

period for final determination of adequacy, described in paragraph (d) 

of this section, begins when the Regional Administrator deems a state 

application to be administratively complete.

    (c) After receipt and review of a complete application, the Regional 

Administrator will make a tentative determination on the adequacy of the 

state program. The Regional Administrator shall publish the tentative 

determination on the adequacy of the state program in the Federal 

Register. Notice of the tentative determination must:

    (1) Specify the Regional Administrator's tentative determination;

    (2) Afford the public at least 30 days after the notice to comment 

on the state application and the Regional Administrator's tentative 

determination;

    (3) Include a specific statement of the areas of concern, if the 

Regional Administrator indicates the state program may not be adequate;

    (4) Note the availability for inspection by the public of the state 

permit program application; and

    (5) Indicate that a public hearing will be held by EPA if sufficient 

public interest is expressed during the comment period. The Regional 

Administrator may determine when such a hearing is necessary to clarify 

issues involved in the tentative adequacy determination. If held, the 

public hearing will be scheduled at least 45 days from public



[[Page 318]]



notice of such hearing. The public comment period may be continued after 

the hearing at the discretion of the Regional Administrator.

    (d) Within 180 days of determining that a state program application 

is administratively complete, the Regional Administrator will make a 

final determination of adequacy after review and consideration of all 

public comments, unless the Regional Administrator, after consultation 

with the State Director, agrees to extend the review period. The 

Regional Administrator will give notice of the final determination in 

the Federal Register. The document must include a statement of the 

reasons for the determination and a response to significant comments 

received.

    (e) For all states that do not submit an application, the 

Administrator or Regional Administrator may issue a final determination 

of inadequacy in the Federal Register declaring those state permit 

programs inadequate to ensure compliance with the relevant Subtitle D 

federal revised criteria. Such states may apply later for a 

determination of adequacy.