Current through Register Vol. 48, No. 38, September 20, 2024
Upon receiving a submission, the Agency must commence its
review. Within 20 work days after determining that a submission meets the
requirements of Section
310.522, and, where removal
allowance approval is sought, Sections
310.340 and
310.524, the Agency must perform
the following actions:
a) Issue a
public notice of request for approval of the submission.
1) This public notice must be circulated in a
manner designed to inform interested and potentially interested persons of the
submission. Procedures for the circulation of public notice must include the
following actions:
A) Mailing notices of the
request for approval of the submission to the following entities:
i) Federal agencies as designated by
USEPA;
ii) Regional planning
agencies that participate in development of water quality management plans
(unless such agencies have specifically requested not to receive such notices);
and
iii) 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 or
newspapers of general circulation within the jurisdiction or jurisdictions
served by the POTW that would provide meaningful public
notice.
2) The public
notice must provide at least 30 days following the date of the public notice
during which interested persons may submit their written views on the
submission.
3) All written comments
submitted during the 30-day comment period must be retained by the Agency 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 Agency.
b) 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 on the submission.
1) This request for public hearing must be
filed within the 30-day (or extended) comment period described in subsection
(a)(2) and must indicate the interest of the person filing such request and the
reasons why a hearing is warranted.
2) The Agency must 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.
3) 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 must be published in the
same newspaper as the notice of the original request for approval of the
submission under subsection (a)(1)(B). In addition, notice of the hearing must
be sent to those persons requesting individual notice.
BOARD NOTE: Derived from
40 CFR
403.11(b)
(2003).
