40 C.F.R. § 145.32

Procedures for revision of State programs

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The state shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities.

(b) Revision of a State program shall be accomplished as follows:

(1) The State shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances.

(2) Whenever EPA determines that the proposed program revision is substantial, EPA shall issue public notice and provide an opportunity to comment for a period of at least 30 days. The public notice shall be mailed to interested persons and shall be published in the Federal Register and in enough of the largest newspapers in the State to provide Statewide coverage. The public notice shall summarize the proposed revisions and provide for the opportunity to request a public hearing. Such a hearing will be held is there if significant public interest based on requests received. All requests for expansions to the areal extent of Class II enhanced oil recovery or enhanced gas recovery aquifer exemptions for Class VI wells must be treated as substantial program revisions.

(3) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking Water Act.

(4) A program revision shall become effective upon the approval of the Administrator. Notice of approval of any substantial revision shall be published in the Federal Register. Notice of approval of non-substantial program revisions may be given by a letter from the Administrator to the State Governor or his designee.

(c) States with approved programs shall notify EPA whenever they propose to transfer all or part of any program from the approved State agency to any other State agency, and shall identify any new division of responsibilities among the agencies involved. The new agency is not authorized to administer the program until approval by the Administrator under paragraph (b) of this section. Organizational charts required under § 145.23(b) shall be revised and resubmitted.

(d) Whenever the Administrator has reason to believe that circumstances have changed with respect to a State program, he may request, and the State shall provide, a supplemental Attorney General's statement, program description, or such other documents or information as are necessary.

(e) The State shall submit the information required under paragraph (b)(1) of this section within 270 days of any amendment to this part or 40 CFR part 144, 146, or 124 which revises or adds any requirement respecting an approved UIC program.

[48 FR 14202, Apr. 1, 1983, as amended at 75 FR 77291, Dec. 10, 2010]

Notes of Decisions

Cited in 4 cases, 1986–2018 · leading case: HRI, Inc. v. Env't Prot. Agency, 198 F.3d 1224 (10th Cir. 2000).

Sort: Relevance Newest Treatment

HRI, Inc. v. Env't Prot. Agency, 198 F.3d 1224 (10th Cir. 2000). · cites it 13× “” EPA regulations specify that the identification of an aquifer as exempt, subsequent to a giant of primacy to a state or tribe, is a revision to that state or tribe’s UIC program under 40 C.F.R. § 145.32 . See 40 C.F.R. § 144.”

Ctr. for Biological Diversity v. Dep't of Conservation, 236 Cal. Rptr. 3d 729 (Cal. Ct. App. 5th 2018). · cites it 9× “( 40 C.F.R. §§ 145.32 - 145.34.) EPA also retains the sole authority to approve aquifer exemptions.”

W. Nebraska Resources Council v. Env't Prot. Agency, 793 F.2d 194 (8th Cir. 1986). · cites it 2× “§§ 300h-l(b)(4), (d), 300j-9(a)(2); 40 C.F.R. § 145.32 (b)(2), (4). However, under the agency’s regulations, nonsubstantial program revisions need not be accomplished through formal rulemak-ing.”

Ctr. for Biological Diversity v. Dept. of Conservation (Cal. Ct. App. 2018). · cites it 8× “” ( 40 C.F.R. § 145.32 (b)(1), (3).) The regulations contemplate two types of program revision, substantial and nonsubstantial.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.