[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: 40CFR281.50]



[Page 582]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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

Contents

 

                      Subpart E_Approval Procedures

 

Sec.  281.50  Approval procedures for state programs.





    (a) The following procedures are required for all applications, 

regardless of whether the application is for a partial or complete 

program, as defined in Sec.  281.12, or for interim or final approval in 

accordance with Sec.  281.11.

    (b) Before submitting an application to EPA for approval of a state 

program, the state must provide an opportunity for public notice and 

comment in the development of its underground storage tank program.

    (c) When EPA receives a state program application, EPA will examine 

the application and notify the state whether its application is 

complete, in accordance with the application components required in 

Sec.  281.20. The 180-day statutory review period begins only after EPA 

has determined that a complete application has been received.

    (d) The state and EPA may by mutual agreement extend the review 

period.

    (e) After receipt of a complete program application, the 

Administrator will tentatively determine approval or disapproval of the 

state program. EPA shall issue public notice of the tentative 

determination in the Federal Register; in enough of the largest 

newspapers in the state to attract statewide attention; and to persons 

on the state agency mailing list and any other persons who the agency 

has reason to believe are interested. Notice of the tentative 

determination must also:

    (1) Afford the public 30 days after the notice to comment on the 

state's application and the Administrator's tentative determination; and

    (2) Include a general statement of the areas of concern, if the 

Administrator indicates the state program may not be approved; and

    (3) Note the availability for inspection by the public of the state 

program application; and

    (4) Indicate that a public hearing will be held by EPA no earlier 

than 30 days after notice of the tentative determination unless 

insufficient public interest is expressed, at which time the Regional 

Administrator may cancel the public hearing.

    (f) Within 180 days of receipt of a complete state program 

application, the Administrator must make a final determination whether 

to approve the state program after review of all public comments. EPA 

will give notice of its determination in the Federal Register and codify 

the approved state program. The notice must include a statement of the 

reasons for this determination and a response to significant comments 

received.