[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR123.1]

[Page 228-229]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 123--STATE PROGRAM REQUIREMENTS--Table of Contents
 
                           Subpart A--General
 
Sec. 123.1  Purpose and scope.


    (a) This part specifies the procedures EPA will follow in approving, 
revising, and withdrawing State programs and the requirements State 
programs must meet to be approved by the Administrator under sections 
318, 402, and 405(a) (National Pollutant Discharge Elimination System--
NPDES) of the CWA. This part also specifies the procedures EPA will 
follow in approving, revising, and withdrawing State programs under 
section 405(f) (sludge management programs) of the CWA. The requirements 
that a State sewage sludge management program must meet for approval by 
the Administrator under section 405(f) are set out at 40 CFR part 501.
    (b) These regulations are promulgated under the authority of 
sections 304(i), 101(e), 405, and 518(e) of the CWA, and implement the 
requirements of those sections.
    (c) The Administrator will approve State programs which conform to 
the applicable requirements of this part. A State NPDES program will not 
be approved by the Administrator under section 402 of CWA unless it has 
authority to control the discharges specified in sections 318 and 405(a) 
of CWA. Permit programs under sections 318 and 405(a) will not be 
approved independent of a section 402 program.
    (d)(1) Upon approval of a State program, the Administrator shall 
suspend the issuance of Federal permits for those activities subject to 
the approved State program. After program approval EPA shall retain 
jurisdiction over any permits (including general permits) which it has 
issued unless arrangements have been made with the State in the 
Memorandum of Agreement for the State to assume responsibility for these 
permits. Retention of jurisdiction shall include the processing of any 
permit appeals, modification requests, or variance requests; the conduct 
of inspections, and the receipt and review of self-monitoring reports. 
If any permit appeal, modification request or variance request is not 
finally resolved when the federally issued permit expires, EPA may, with 
the consent of the State, retain jurisdiction until the matter is 
resolved.
    (2) The procedures outlined in the preceding paragraph (d)(1) of 
this section for suspension of permitting authority and transfer of 
existing permits will also apply when EPA approves an

[[Page 229]]

Indian Tribe's application to operate a State program and a State was 
the authorized permitting authority under Sec. 123.23(b) for activities 
within the scope of the newly approved program. The authorized State 
will retain jurisdiction over its existing permits as described in 
paragraph (d)(1) of this section absent a different arrangement stated 
in the Memorandum of Agreement executed between EPA and the Tribe.
    (e) Upon submission of a complete program, EPA will conduct a public 
hearing, if interest is shown, and determine whether to approve or 
disapprove the program taking into consideration the requirements of 
this part, the CWA and any comments received.
    (f) Any State program approved by the Administrator shall at all 
times be conducted in accordance with the requirements of this part.
    (g)(1) Except as may be authorized pursuant to paragraph (g)(2) of 
this section or excluded by Sec. 122.3, the State program must prohibit 
all point source discharges of pollutants, all discharges into 
aquaculture projects, and all disposal of sewage sludge which results in 
any pollutant from such sludge entering into any waters of the United 
States within the State's jurisdiction except as authorized by a permit 
in effect under the State program or under section 402 of CWA. NPDES 
authority may be shared by two or more State agencies but each agency 
must have Statewide jurisdiction over a class of activities or 
discharges. When more than one agency is responsible for issuing 
permits, each agency must make a submission meeting the requirements of 
Sec. 123.21 before EPA will begin formal review.
    (2) A State may seek approval of a partial or phased program in 
accordance with section 402(n) of the CWA.
    (h) In many cases, States (other than Indian Tribes) will lack 
authority to regulate activities on Indian lands. This lack of authority 
does not impair that State's ability to obtain full program approval in 
accordance with this part, i.e., inability of a State to regulate 
activities on Indian lands does not constitute a partial program. EPA 
will administer the program on Indian lands if a State (or Indian Tribe) 
does not seek or have authority to regulate activities on Indian lands.
    Note: States are advised to contact the United States Department of 
the Interior, Bureau of Indian Affairs, concerning authority over Indian 
lands.
    (i) Nothing in this part precludes a State from:
    (1) Adopting or enforcing requirements which are more stringent or 
more extensive than those required under this part;
    (2) Operating a program with a greater scope of coverage than that 
required under this part. If an approved State program has greater scope 
of coverage than required by Federal law the additional coverage is not 
part of the Federally approved program.
    Note: For example, if a State requires permits for discharges into 
publicly owned treatment works, these permits are not NPDES permits.

[48 FR 14178, Apr. 1, 1983, as amended at 54 FR 256, Jan. 4, 1989; 54 FR 
18784, May 2, 1989; 58 FR 67981, Dec. 22, 1993; 59 FR 64343, Dec. 14, 
1994; 63 FR 45122, Aug. 24, 1998]