Title 40 -- Protection of Environment

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§281.51 Amendment required at end of interim period.

(a) State programs that meet the requirements of section 281.11(c) (1) and (2) may be approved for 1 to 3 years from September 23, 1988. States that receive such interim approval must adopt requirements that are no less stringent than the corresponding federal requirements and standards within the timeframes specified under §281.11(c)(3).

(b) By the end of the specified time period, a state with interim approval must submit to EPA an amendment to its application that includes all modified and new requirements for any of the elements containing less stringent requirements. Such amended applications must also include a modified program description, an Attorney General's statement and a Memorandum of Agreement that incorporate the amended program requirements, and copies of all applicable state statutes and regulations.

(c) Upon receipt of the application amendment, the Administrator shall follow the same review and approval procedures as required in §281.50.

(d) If a state fails to submit an amendment within the specified timeframe, the interim approval of the state program expires upon the applicable date established under §281.11(c), and the Subtitle I program automatically reverts to EPA.

(e) If a state submits an amendment to the program application within the timeframe specified under §281.11(c)(3) and the amendmant is disapproved after the end of the time period, the interim approval of the state program expires immediately upon disapproval and the Subtitle I program automatically reverts to EPA.

(f) If interim approval of the state program expires, EPA must notify the regulated community and the public of the re-establishment of the federal program through a notice in the FEDERAL REGISTER.


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