[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

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

[CITE: 40CFR281.42]



[Page 581]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of 

Contents

 

              Subpart D_Adequate Enforcement of Compliance

 

Sec.  281.42  Requirements for public participation.



    Any state administering a program must provide for public 

participation in the state enforcement process by providing any one of 

the following three options:

    (a) Authority that allows intervention analogous to Federal Rule 

24(a)(2), and assurance by the appropriate state enforcement agency that 

it will not oppose intervention under the state analogue to Rule 

24(a)(2) on the ground that the applicant's interest is adequately 

represented by the State.

    (b) Authority that allows intervention as of right in any civil 

action to obtain the remedies specified in Sec.  281.41 by any citizen 

having an interest that is or may be adversely affected; or

    (c) Assurance by the appropriate state agency that:

    (1) It will provide notice and opportunity for public comment on all 

proposed settlements of civil enforcement actions (except where 

immediate action is necessary to adequately protect human health and the 

environment);

    (2) It will investigate and provide responses to citizen complaints 

about violations; and

    (3) It will not oppose citizen intervention when permissive 

intervention is allowed by statute, rule, or regulation.