[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: 40CFR239.11]



[Page 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.  239.11  Approval procedures for partial approval.



    (a) EPA may partially approve state permit programs that do not meet 

all of the requirements in Sec.  239.6(e)(3) (i.e., do not incorporate 

all of the relevant Subtitle D federal revised criteria). Such permit 

programs may be partially approved if:

    (1) The appropriate Regional Administrator determines that the 

state's permit program largely meets the technical requirements of Sec.  

239.6 and meets all other requirements of this part;

    (2) Changes to a specific part(s) of the state permit program are 

required in order for the state program to fully meet the requirements 

of Sec.  239.6; and

    (3) Provisions not included in the partially approved portions of 

the state permit program are clearly identifiable and separable subsets 

of the relevant Subtitle D federal revised criteria.

    (b) A state applying for partial approval must include in its 

application a schedule to revise the necessary laws, regulations, and/or 

guidance to obtain full approval within two years of final approval of 

the partial permit program. The Regional Administrator and the State 

Director must agree to the schedule.

    (c) The application for partial approval must fully meet the 

requirements of subparts B and C of this part.

    (d) States with partially approved permit programs are only approved 

for those relevant provisions of the Subtitle D criteria included in the 

partial approval.

    (e) Any partial approval adequacy determination made by the Regional 

Administrator pursuant to this section and Sec.  239.10 shall expire two 

years from the effective date of the final partial program adequacy 

determination unless the Regional Administrator grants an extension. 

States seeking an extension must submit a request to the appropriate 

Regional Administrator, must provide good cause for missing the 

deadline, and must supply a new schedule to revise necessary laws, 

regulations, and/or guidance to obtain full approval. The appropriate 

Regional Administrator will decide if there is good cause and if the new 

schedule is realistic. If the Regional Administrator extends the 

expiration date, the Region will publish a document in the Federal 

Register along with the new expiration date. A state with partial 

approval shall submit an amended application meeting all of the 

requirements of this part and have that application approved by the two-

year deadline or the amended date set by the Regional Administrator.

    (f) The Regional Administrator will follow the adequacy 

determination procedures in Sec.  239.10 for all initial applications 

for partial program approval and follow the adequacy determination 

procedures in Sec.  239.12(f) for any amendments for approval for 

unapproved sections of the relevant Subtitle D federal revised criteria.