Subpart C
The Assistant Secretary must give interested persons a chance to submit written comments and may also hold an informal hearing. Specifically, 1902.20(a)(1) requires an opportunity to submit written data, views, or arguments, and 1902.20(a)(2) permits providing an informal hearing in addition to written submissions.
The Assistant Secretary must issue a decision approving the plan after considering all relevant information. This requirement is stated in 1902.20(b)(1)(i).
When a plan is approved under 1902.2(b), the decision must state that the plan does not fully meet the criteria in 1902.3 and must summarize the schedule and measures for bringing the plan up to those criteria, as required by 1902.20(b)(1)(ii).
The Assistant Secretary must consider whether the plan was approved under 1902.2(a) or 1902.2(b), the schedule for meeting Federal standards in any 1902.2(b) plan, and any other relevant matters. These considerations are set out in 1902.20(b)(1)(iii) and its subparts 1902.20(b)(1)(iii)(a), 1902.20(b)(1)(iii)(b), and 1902.20(b)(1)(iii)(c).
If the Assistant Secretary proposes to disapprove a plan, he must publish a notice of that proposed disapproval and begin a formal proceeding that meets the requirements of 1902.19, as required by 1902.20(b)(2).
Yes. When a plan is approved under 1902.2(b), the decision must summarize the schedule and other measures for bringing the plan up to the criteria in 1902.3, as described in 1902.20(b)(1)(ii).
Yes. The Assistant Secretary must consider all relevant information contained in any written or oral comments received in the informal proceeding before issuing a decision, as reflected in 1902.20(b)(2).
An informal hearing is a step to gather written or oral information and views, and if, after that step, the Assistant Secretary proposes to disapprove a plan, he must start the formal proceeding required by 1902.19, per 1902.20(b)(2).
The schedule must be designed to meet the Federal criteria in 1902.3, as required when a plan is approved under 1902.2(b) and described in 1902.20(b)(1)(ii).
The decision must reflect the Assistant Secretary's intention about whether Federal enforcement will continue in areas covered by the plan and must take into account the approval type, schedule for meeting Federal standards, and other relevant matters, as required by 1902.20(b)(1)(iii).
If a plan is approved under 1902.2(a), the Assistant Secretary must consider that approval status when deciding whether to continue Federal enforcement in covered areas, as required by 1902.20(b)(1)(iii)(a).