[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: 40CFR239.13]



[Page 319-320]

 

                   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.  239.13  Criteria and procedures for withdrawal of determination of 

adequacy.



    (a) The Regional Administrator may initiate withdrawal of a 

determination of adequacy when the Regional Administrator has reason to 

believe that:

    (1) A state no longer has an adequate permit program; or

    (2) The state no longer has adequate authority to administer and 

enforce an approved program in accordance with this part.

    (b) Upon receipt of substantive information sufficient to indicate 

that a state program may no longer be adequate, the Regional 

Administrator



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shall inform the state in writing of the information.

    (c) If, within 45 days of the state's receipt of the information in 

paragraph (b) of this section, the state demonstrates to the 

satisfaction of the Regional Administrator that the state program is 

adequate (i.e., in compliance with this part), the Regional 

Administrator shall take no further action toward withdrawal of the 

determination of adequacy and shall so notify the state and any 

person(s) who submitted information regarding the adequacy of the 

state's program and authorities.

    (d) If the State Director does not demonstrate the state's 

compliance with this part to the satisfaction of the Regional 

Administrator, the Regional Administrator shall list the deficiencies in 

the program and negotiate with the state a reasonable time for the state 

to complete such action to correct deficiencies as the Regional 

Administrator determines necessary. If these negotiations reach an 

impasse, the Regional Administrator shall establish a time period within 

which the state must correct any program deficiencies and inform the 

State Director of the time period in writing.

    (e) Within the schedule negotiated by the Regional Administrator and 

the State Director, or set by the Regional Administrator, the state 

shall take appropriate action to correct deficiencies and shall file 

with the Regional Administrator a statement certified by the State 

Director describing the steps taken to correct the deficiencies.

    (f) If the state takes appropriate action to correct deficiencies, 

the Regional Administrator shall take no further action toward 

withdrawal of determination of adequacy and shall so notify the state 

and any person(s) who submitted information regarding the adequacy of 

the state's permit program. If the state has not demonstrated its 

compliance with this part to the satisfaction of the Regional 

Administrator, the Regional Administrator shall inform the State 

Director and may initiate withdrawal of all or part of the determination 

of state program adequacy.

    (g) The Regional Administrator shall initiate withdrawal of 

determination of adequacy by publishing the tentative withdrawal of 

determination of adequacy of the state program in the Federal Register. 

Notice of the tentative determination must:

    (1) Afford the public at least 60 days after the notice to comment 

on the Regional Administrator's tentative determination;

    (2) Include a specific statement of the Regional Administrator's 

areas of concern and reason to believe the state program may no longer 

be adequate; and

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

public interest is expressed during the comment period or when the 

Regional Administrator determines that such a hearing might clarify 

issues involved in the tentative withdrawal determination.

    (h) If the Regional Administrator finds, after the public hearing 

(if any) and review and consideration of all public comments, that the 

state is in compliance with this part, the withdrawal proceedings shall 

be terminated and the decision shall be published in the Federal 

Register. The document must include a statement of the reasons for this 

determination and a response to significant comments received. If the 

Regional Administrator finds that the state program is not in compliance 

with this Part by the date prescribed by the Regional Administrator or 

any extension approved by the Regional Administrator, a final notice of 

inadequacy shall be published in the Federal Register declaring the 

state permit program inadequate to ensure compliance with the relevant 

Subtitle D federal revised criteria. The document will include a 

statement of the reasons for this determination and response to 

significant comments received.

    (i) States may seek a determination of adequacy at any time after a 

determination of inadequacy.



[63 FR 57040, Oct. 23, 1999, as amended at 64 FR 4315, Jan. 28, 1999]



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