[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: 40CFR281.52]



[Page 583]

 

                   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.  281.52  Revision of approved state programs.



    (a) Either EPA or the approved state may initiate program revision. 

Program revision may be necessary when the controlling federal or state 

statutory or regulatory authority is changed or when responsibility for 

the state program is shifted to a new agency or agencies. The state must 

inform EPA of any proposed modifications to its basic statutory or 

regulatory authority or change in division of responsibility among state 

agencies. EPA will determine in each case whether a revision of the 

approved program is required.

    (b) Whenever the Administrator has reason to believe that 

circumstances have changed with respect to an approved state program or 

the federal program, the Administrator may request, and the state must 

provide, a revised application as prescribed by EPA.

    (c) The Administrator will approve or disapprove program revisions 

based on the requirements of this part and of subtitle I pursuant to the 

procedures under this section, or under section 281.50 if EPA has reason 

to believe the proposed revision will receive significant negative 

comment from the public.

    (1) The Administrator must issue public notice of planned approval 

or disapproval of a state program revision in the Federal Register; in 

enough of the largest newspapers in the state to attract statewide 

attention; and by mailing to persons on the state agency mailing list 

and to any other persons who the agency has reason to believe are 

interested. The public notice must summarize the state program revision, 

indicate whether EPA intends to approve or disapprove the revision, and 

provide for an opportunity to comment for a period of 30 days.

    (2) The Administrator's decision on the proposed revision becomes 

effective 60 days after the date of publication in the Federal Register 

in accordance with paragraph (c)(1) of this section, unless significant 

negative comment opposing the proposed revision is received during the 

comment period. If significant negative comment is received, EPA must 

notify the state and within 60 days after the date of publication, 

publish in the Federal Register either:

    (i) A withdrawal of the immediate final decision, which will then be 

treated as a tentative decision in accordance with the applicable 

procedures of Sec.  281.50 (e) and (f); or

    (ii) A notice that contains a response to significant negative 

comments and affirms either that the immediate final decision takes 

effect or reverses the decision.

    (d) Revised state programs that receive approval must be codified in 

the Federal Register.