(a) The State shall provide an opportunity for public participation prior to submission of any classification of a facility as an open dump to the Federal Government. The State shall accomplish this by providing notice as specified in §256.64(b) or by using other State administrative procedures which provide equivalent public participation.

(b) The State may satisfy the requirement of §256.64(a) by providing written notice of the availability of the results of its classifications to all parties on the list required under §256.60(a)(1) at least 30 days before initial submission of these classifications to the Federal Government. For those parties on the list required under §256.60(a)(1) who are owners or operators of facilities classified as open dumps, such notice shall indicate that the facility has been so classified.

[46 FR 47052, Sept. 23, 1981]