[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: 40CFR255.40]



[Page 359-360]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 255_IDENTIFICATION OF REGIONS AND AGENCIES FOR SOLID WASTE MANAGEMENT

--Table of Contents

 

          Subpart E_Submission and Revision of Identifications

 

Sec.  255.40  Notification of status.





    This subpart describes procedures which may ultimately be required 

by EPA when it publishes regulations governing application and 

eligibility for grants under section 4007. Under these regulations the 

appropriate EPA Regional Administrator will consider the identifications 

made under section 4006 as one of the conditions of grant eligibility.

    The Regional Administrator may accept, in State grant applications, 

notification of the status of these identifications to ensure that 

premature decisions on State plan development will not be forced by the 

timing of the identifications specified in the Act. Procedures are 

outlined here to advise the States of what EPA expects to require in 

such notification.

    (a) The notification should specify those regional boundaries and 

agencies which are uncontested at the time of submission, and specify a 

schedule of hearings and determinations of subsequent identification of 

regions and agencies as consensus is reached.

    (b) The appropriate level of detail and the timing of the 

identifications to be made should be established for each planning 

region after agreement between the State and the appropriate EPA 

Regional Administrator. The timing should depend upon how well the State 

plan is developed, the environmental and economic decisions to be made, 

and the existing management approaches to their resolution.

    (c) The notification should list the major known interested agencies 

and private operators within each planning



[[Page 360]]



region and describe how they will be included in the process. Where 

appropriate, it should include an expression of their interest and a 

definition of the extent and limits of their role in solid waste 

management planning.

    (d) The notification should provide a schedule for phasing of plan 

development with the identification of agencies to carry out those 

plans, showing the projected maturation of management agencies and the 

milestones for those agencies in taking over the plan implementation 

process.

    (e) This notification should include establishment of State agencies 

where regional planning and implementation agencies have not been 

identified within 270 days of the Governor's promulgation of regulations 

identifying regional boundaries.



(See sec. 4006(b)(2))