[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

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

[CITE: 40CFR403.11]



[Page 36-37]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 403_GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF 

POLLUTION--Table of Contents

 

Sec.  403.11  Approval procedures for POTW pretreatment programs and POTW 

granting of removal credits.



    The following procedures shall be adopted in approving or denying 

requests for approval of POTW Pretreatment Programs and applications for 

removal credit authorization:

    (a) Deadline for review of submission. The Approval Authority shall 

have 90 days from the date of public notice of any Submission complying 

with the requirements of Sec.  403.9(b) and, where removal credit 

authorization is sought with Sec. Sec.  403.7(e) and 403.9(d), to review 

the Submission. The Approval Authority shall review the Submission to 

determine compliance with the requirements of Sec.  403.8 (b) and (f), 

and, where removal credit authorization is sought, with Sec.  403.7. The 

Approval Authority may have up to an additional 90 days to complete the 

evaluation of the Submission if the public comment period provided for 

in paragraph (b)(1)(ii) of this section is extended beyond 30 days or if 

a public hearing is held as provided for in paragraph (b)(2) of this 

section. In no event, however, shall the time for evaluation of the 

Submission exceed a total of 180 days from the date of public notice of 

a Submission meeting the requirements of Sec.  403.9(b) and, in the case 

of a removal credit application, Sec. Sec.  403.7(e) and 403.9(b).

    (b) Public notice and opportunity for hearing. Upon receipt of a 

Submission the Approval Authority shall commence its review. Within 20 

work days after making a determination that a Submission meets the 

requirements of Sec.  403.9(b) and, where removal allowance approval is 

sought, Sec. Sec.  403.7(d) and 403.9(d), the Approval Authority shall:

    (1) Issue a public notice of request for approval of the Submission;

    (i) This public notice shall be circulated in a manner designed to 

inform interested and potentially interested persons of the Submission. 

Procedures for the circulation of public notice shall include:

    (A) Mailing notices of the request for approval of the Submission to 

designated 208 planning agencies, Federal and State fish, shellfish and 

wildfish resource agencies (unless such agencies have asked not to be 

sent the notices); and to any other person or group who has requested 

individual notice, including those on appropriate mailing lists; and

    (B) Publication of a notice of request for approval of the 

Submission in a newspaper(s) of general circulation within the 

jurisdiction(s) served by the POTW that meaningful public notice.

    (ii) The public notice shall provide a period of not less than 30 

days following the date of the public notice



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during which time interested persons may submit their written views on 

the Submission.

    (iii) All written comments submitted during the 30 day comment 

period shall be retained by the Approval Authority and considered in the 

decision on whether or not to approve the Submission. The period for 

comment may be extended at the discretion of the Approval Authority; and

    (2) Provide an opportunity for the applicant, any affected State, 

any interested State or Federal agency, person or group of persons to 

request a public hearing with respect to the Submission.

    (i) This request for public hearing shall be filed within the 30 day 

(or extended) comment period described in paragraph (b)(1)(ii) of this 

section and shall indicate the interest of the person filing such 

request and the reasons why a hearing is warranted.

    (ii) The Approval Authority shall hold a hearing if the POTW so 

requests. In addition, a hearing will be held if there is a significant 

public interest in issues relating to whether or not the Submission 

should be approved. Instances of doubt should be resolved in favor of 

holding the hearing.

    (iii) Public notice of a hearing to consider a Submission and 

sufficient to inform interested parties of the nature of the hearing and 

the right to participate shall be published in the same newspaper as the 

notice of the original request for approval of the Submission under 

paragraph (b)(1)(i)(B) of this section. In addition, notice of the 

hearing shall be sent to those persons requesting individual notice.

    (c) Approval authority decision. At the end of the 30 day (or 

extended) comment period and within the 90 day (or extended) period 

provided for in paragraph (a) of this section, the Approval Authority 

shall approve or deny the Submission based upon the evaluation in 

paragraph (a) of this section and taking into consideration comments 

submitted during the comment period and the record of the public 

hearing, if held. Where the Approval Authority makes a determination to 

deny the request, the Approval Authority shall so notify the POTW and 

each person who has requested individual notice. This notification shall 

include suggested modifications and the Approval Authority may allow the 

requestor additional time to bring the Submission into compliance with 

applicable requirements.

    (d) EPA objection to Director's decision. No POTW pretreatment 

program or authorization to grant removal allowances shall be approved 

by the Director if following the 30 day (or extended) evaluation period 

provided for in paragraph (b)(1)(ii) of this section and any hearing 

held pursuant to paragraph (b)(2) of this section the Regional 

Administrator sets forth in writing objections to the approval of such 

Submission and the reasons for such objections. A copy of the Regional 

Administrator's objections shall be provided to the applicant, and each 

person who has requested individual notice. The Regional Administrator 

shall provide an opportunity for written comments and may convene a 

public hearing on his or her objections. Unless retracted, the Regional 

Administrator's objections shall constitute a final ruling to deny 

approval of a POTW pretreatment program or authorization to grant 

removal allowances 90 days after the date the objections are issued.

    (e) Notice of decision. The Approval Authority shall notify those 

persons who submitted comments and participated in the public hearing, 

if held, of the approval or disapproval of the Submission. In addition, 

the Approval Authority shall cause to be published a notice of approval 

or disapproval in the same newspapers as the original notice of request 

for approval of the Submission was published. The Approval Authority 

shall identify in any notice of POTW Pretreatment Program approval any 

authorization to modify categorical Pretreatment Standards which the 

POTW may make, in accordance with Sec.  403.7, for removal of pollutants 

subject to Pretreatment Standards.

    (f) Public access to submission. The Approval Authority shall ensure 

that the Submission and any comments upon such Submission are available 

to the public for inspection and copying.



[46 FR 9439, Jan. 28, 1981, as amended at 49 FR 31224, Aug. 3, 1984; 51 

FR 20429, June 4, 1986; 53 FR 40613, Oct. 17, 1988; 62 FR 38414, July 

17, 1997]



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