Subpart
1.
Time for review.
A. The agency shall have 90 days from the
date of the public notice required in part
7049.0940, subpart
2, to review the submission.
The agency shall review the submission to determine compliance with parts
7049.0810 to
7049.0870 and, if removal credit
authorization is sought, with parts
7049.0360 to
7049.0470. The agency may have up
to an additional 90 days to complete the evaluation of the submission if the
public comment period provided for in part
7049.0940, subpart
2, is extended beyond 30 days
or if a public hearing is held as provided for in part
7049.0940, subpart
3. In no event, however,
shall the time for evaluation of the submission exceed a total of 180 days from
the date of public notice of the submission.
B. At the end of the 30-day or extended
comment period and within the 90-day or extended period provided for in this
subpart, the agency shall approve or deny the submission based on the
evaluation in part
7049.0930 and take into
consideration comments submitted during the comment period and the record of
the public hearing, if held. If the agency makes a determination to deny the
request, the agency shall notify the POTW and each person who has requested
individual notice. The notification shall include suggested modifications and
the agency may allow the requester additional time to bring the submission into
compliance with applicable requirements.
Subp. 2.
Environmental Protection
Agency objections.
A POTW pretreatment program or authorization to grant removal
credits must not be approved by the agency if, following the 30-day or extended
public notice period provided for in part
7049.0940 and any hearing held
pursuant to that notice, the Environmental Protection Agency regional
administrator sets forth in writing objections to the approval of the
submission and the reasons for the objections. A copy of the Environmental
Protection Agency regional administrator's objections shall be provided to the
applicant and each person who has requested individual notice. The
Environmental Protection Agency regional administrator shall provide an
opportunity for written comments and may convene a public hearing on the
objections. Unless retracted, the Environmental Protection Agency regional
administrator's objections shall constitute a final ruling to deny approval of
a POTW pretreatment program or authorization to grant removal credits 90 days
after the date the objections are issued.
Subp. 3.
Notification of result.
The agency shall notify persons who submitted comments and
participated in the public hearing, if held, of the approval or disapproval of
the submission. In addition, the agency shall publish a notice of approval or
disapproval in the same newspapers as the original notice of request for
approval of the submission was published. The agency shall identify in any
notice of POTW pretreatment program approval any authorization to modify
categorical pretreatment standards that the POTW authority may make according
to parts
7049.0360 to
7049.0470 for removal of
pollutants subject to categorical pretreatment standards.
Subp. 4.
Reissuance or modification of
POTW permit.
After the POTW's pretreatment program is approved, the POTW's
national pollutant discharge elimination system permit shall be reissued or
modified by the agency to incorporate the approved program as enforceable
conditions of the permit. The modification of a POTW's national pollutant
discharge elimination system permit for the purposes of incorporating a POTW
pretreatment program approved according to parts
7049.0800 to
7049.0960 is a minor permit
modification subject to the procedures in part
7001.1150.
