[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.53]

[Page 292]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
       Subpart D--Specific Procedures Applicable to NPDES Permits
 
Sec. 124.53  State certification.

    (a) Under CWA section 401(a)(1), EPA may not issue a permit until a 
certification is granted or waived in accordance with that section by 
the State in which the discharge originates or will originate.
    (b) Applications received without a State certification shall be 
forwarded by the Regional Administrator to the certifying State agency 
with a request that certification be granted or denied.
    (c) If State certification has not been received by the time the 
draft permit is prepared, the Regional Administrator shall send the 
certifying State agency:
    (1) A copy of a draft permit;
    (2) A statement that EPA cannot issue or deny the permit until the 
certifying State agency has granted or denied certification under 
Sec. 124.55, or waived its right to certify; and
    (3) A statement that the State will be deemed to have waived its 
right to certify unless that right is exercised within a specified 
reasonable time not to exceed 60 days from the date the draft permit is 
mailed to the certifying State agency unless the Regional Administrator 
finds that unusual circumstances require a longer time.
    (d) State certification shall be granted or denied within the 
reasonable time specified under paragraph (c)(3) of this section. The 
State shall send a notice of its action, including a copy of any 
certification, to the applicant and the Regional Administrator.
    (e) State certification shall be in writing and shall include:
    (1) Conditions which are necessary to assure compliance with the 
applicable provisions of CWA sections 208(e), 301, 302, 303, 306, and 
307 and with appropriate requirements of State law;
    (2) When the State certifies a draft permit instead of a permit 
application, any conditions more stringent than those in the draft 
permit which the State finds necessary to meet the requirements listed 
in paragraph (e)(1) of this section. For each more stringent condition, 
the certifying State agency shall cite the CWA or State law references 
upon which that condition is based. Failure to provide such a citation 
waives the right to certify with respect to that condition; and
    (3) A statement of the extent to which each condition of the draft 
permit can be made less stringent without violating the requirements of 
State law, including water quality standards. Failure to provide this 
statement for any condition waives the right to certify or object to any 
less stringent condition which may be established during the EPA permit 
issuance process.