[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR501.31]

[Page 817-818]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 501_STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS
--Table of Contents
 
           Subpart C_Program Approval, Revision and Withdrawal
 
Sec. 501.31  Review and approval procedures.


    (a) EPA shall approve or disapprove a State's application for 
approval of its State sludge management program within 90 days after 
receiving a complete program submission.
    (b) Within 30 days of receipt by EPA of a State program submission, 
EPA will notify the State whether its submission is complete. If EPA 
finds that a State's submission is complete, the 90-day review period 
will be deemed to have begun on the date of the completeness 
determination. If EPA finds that a State's submission is incomplete, the 
review period will not begin until all the necessary information is 
received by EPA.
    (c) After determining that a State program submission is complete, 
EPA will publish notice of the State's application in the Federal 
Register and in enough of the largest newspapers in the State to attract 
statewide attention. EPA will mail notices to persons known to be 
interested in such matters, including all persons on appropriate State 
and EPA mailing lists and all treatment works treating domestic sewage 
listed on the inventory required by Sec. 501.12(f) of this part. The 
notice will:
    (1) Provide a comment period of not less than 45 days during which 
interested members of the public may express their views on the State 
program;
    (2) Provide opportunity for a public hearing within the State to be 
held no less than 30 days after notice is published in the Federal 
Register and indicate when and where the hearing is to be held, or how 
interested persons may request that a hearing be held if a hearing has 
not been scheduled. EPA shall hold a public hearing whenever the 
Regional Administrator finds, on the basis of requests, a significant 
degree of public interest in the State's application or that a public 
hearing might clarify one or more issues involved in the State's 
application.
    (3) Indicate the cost of obtaining a copy of the State's submission;
    (4) Indicate where and when the State's submission may be reviewed 
by the public;
    (5) Indicate whom an interested member of the public should contact 
with any questions; and

[[Page 818]]

    (6) Briefly outline the fundamental aspects of the State's proposed 
program, and the process for EPA review and decision.
    (d) Within 90 days after determining that the State has submitted a 
complete program, the Administrator shall approve or disapprove the 
program based on the requirements of this part and of the CWA and after 
taking into consideration all comments received. A responsiveness 
summary shall be prepared by the Regional Office which identifies the 
public participation activities conducted, describes the matters 
presented to the public, summarizes significant comments received and 
explains EPA's response to these comments.
    (e) The State and EPA may extend the 90-day review period by mutual 
agreement.
    (f) If the State's submission is materially changed during the 90-
day review, either as a result of EPA's review or the State action, the 
official review period shall begin again upon receipt of the revised 
submission.
    (g) Notice of program approval shall be published by EPA in the 
Federal Register.
    (h) If the Administrator disapproves the State program he or she 
shall notify the State of the reasons for disapproval and of any 
revisions or modifications to the State program which are necessary to 
obtain approval.