[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: 40CFR239.12]



[Page 318-319]

 

                   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.  239.12  Modifications of state programs.



    (a) Approved state permit programs may be modified for various 

reasons, such as changes in federal or state statutory or regulatory 

authority.

    (b) If the federal statutory or regulatory authorities that have 

significant



[[Page 319]]



implications for state permit programs change, approved states may be 

required to revise their permit programs. These changes may necessitate 

submission of a revised application. Such a change at the federal level 

and resultant state requirements would be made known to the states 

either in a Federal Register document containing the change or through 

the appropriate EPA Regional Office.

    (c) States that modify their programs must notify the Regional 

Administrator of the modifications. Program modifications include 

changes in state statutory or regulatory authority or relevant guidance 

or shifting of responsibility for the state program within the lead 

agency or to a new or different state agency or agencies. Changes to the 

state's permit program, as described in its application which may result 

in the program becoming inadequate, must be reported to the Regional 

Administrator. In addition, changes to a state's basic statutory or 

regulatory authority or guidance which were not part of the state's 

initial application, but may have a significant impact on the adequacy 

of the state's permit program, also must be reported to the Regional 

Administrator.

    (d) States must notify the appropriate Regional Administrator of all 

permit program modifications required in paragraphs (b) and (c) of this 

section within a time-frame agreed to by the State Director and the 

Regional Administrator.

    (e) The Regional Administrator will review the modifications and 

determine whether the State Director must submit a revised application. 

If a revised application is necessary, the Regional Administrator will 

inform the State Director in writing that a revised application is 

necessary, specifying the required revisions and establishing a schedule 

for submission of the revised application.

    (f) For all revised municipal solid waste landfill permit program 

applications, and for all amended applications in the case of partially 

approved programs, the state must submit to the appropriate Regional 

Administrator an amended application that addresses those portions of 

its program that have changed or are being amended. For such revised 

programs, as well as for those from states seeking EPA approval of 

permit programs for state regulation of non-municipal, non-hazardous 

waste disposal units which receive conditionally exempt small quantity 

generator hazardous waste, the Regional Administrator will make an 

adequacy determination using the criteria found in Sec.  239.10.

    (g) For revised applications that do not incorporate permit programs 

for additional classifications of Subtitle D regulated facilities and 

for all amended applications in the case of partially approved programs, 

the appropriate Regional Administrator shall provide for public 

participation using the procedures outlined in Sec.  239.10 or, at the 

Regional Administrator's discretion, using the following procedures.

    (1) The Regional Administrator will publish an adequacy 

determination in the Federal Register summarizing the Agency's decision 

and the portion(s) of the state permit program affected and providing an 

opportunity to comment for a period of at least 60 days.

    (2) The adequacy determination will become effective 60 days 

following publication, if no adverse comments are received. If EPA 

receives comments opposing its adequacy determination, the Regional 

Administrator will review these comments and publish another Federal 

Register document responding to public comments and either affirming or 

revising the initial decision.