If . . . | Then . . . | And then . . . |
(1) A request for approval is received | the Administrator will review the request for approval and determine whether the request is complete according to the criteria in this subpart | if a request is incomplete, the Administrator will notify the State of the specific deficient elements of the request. |
(2) A complete request for approval is received | the Administrator will seek public comment for a minimum of 30 days through a FEDERAL REGISTER notice on the State's request for approval | the Administrator will require that comments be submitted concurrently to the State. |
(3) A complete request for approval is received and there has been a period of public comment | the Administrator will either approve, partially approve, or disapprove the State rule, program, or requirement within 180 days of receipt of a complete request | |
(4) The Administrator finds that all of the criteria of this section are met and all of the criteria of § 63.92 , § 63.93 , § 63.94 , § 63.95 , or § 63.97 are met | the Administrator will approve or partially approve the State rule, program, or requirement | the Administrator will publish it in the FEDERAL REGISTER, and incorporate it directly or by reference, in the appropriate subpart of part 63. Requirements approved under § 63.95 will be incorporated pursuant to requirements under part 68 of this chapter. |
(5) The Administrator finds that any of the criteria of this section are not met, or any of the criteria of § 63.92 , § 63.93 , § 63.94 , § 63.95 , or § 63.97 under which the request for approval was made are not met | the Administrator will notify the State of any revisions or additions necessary to obtain approval | any resubmittal by a State of a request for approval will be considered a new request under this subpart. |
(6) A State rule, program, or requirement is disapproved | unless the State can revise the submittal to meet the criteria, the Administrator will disapprove the State rule, program, or requirement | the Administrator will publish the disapproval in the FEDERAL REGISTER. |
If . . . | Then . . . | And . . . |
(1) A State's legal authorities submitted under this subpart substantially meet the requirements of paragraph (d)(3)(i) of this section, but are not fully approvable | the Administrator may grant a partial approval with the State's consent | The EPA will continue to implement and enforce those authorities under paragraph (d)(3)(i) of this section that are not approved. |
(2) Any of the other requirements in paragraphs (d)(3)(ii)-(v) of this section are not approvable | the Administrator will disapprove the submittal | |
(3) A rule, requirement, or program submitted under this subpart meets the requirements of § 63.92 , § 63.93 , § 63.94 , § 63.95 , or § 63.97 as appropriate, with the exception of a separable portion of that rule, requirement, or program | the Administrator may remove that separable portion with the State's consent | the Administrator may then grant a partial approval of the portion of the rule, requirement, or program that meets the requirements of this subpart. |
(4) the Administrator determines that there are too many areas of deficiency or that separating the responsibilities between Federal and State government would be too cumbersome and complex | the Administrator may disapprove the submittal in its entirety |
Category I Authorities
Category II Authorities
40 C.F.R. §63.91