[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: 40CFR124.55]

[Page 293]
 
                   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. 124.55  Effect of State certification.

    (a) When certification is required under CWA section 401(a)(1) no 
final permit shall be issued:
    (1) If certification is denied, or
    (2) Unless the final permit incorporates the requirements specified 
in the certification under Sec. 124.53(e).
    (b) If there is a change in the State law or regulation upon which a 
certification is based, or if a court of competent jurisdiction or 
appropriate State board or agency stays, vacates, or remands a 
certification, a State which has issued a certification under 
Sec. 124.53 may issue a modified certification or notice of waiver and 
forward it to EPA. If the modified certification is received before 
final agency action on the permit, the permit shall be consistent with 
the more stringent conditions which are based upon State law identified 
in such certification. If the certification or notice of waiver is 
received after final agency action on the permit, the Regional 
Administrator may modify the permit on request of the permittee only to 
the extent necessary to delete any conditions based on a condition in a 
certification invalidated by a court of competent jurisdiction or by an 
appropriate State board or agency.
    (c) A State may not condition or deny a certification on the grounds 
that State law allows a less stringent permit condition. The Regional 
Administrator shall disregard any such certification conditions, and 
shall consider those conditions or denials as waivers of certification.
    (d) A condition in a draft permit may be changed during agency 
review in any manner consistent with a certification meeting the 
requirements of Sec. 124.53(e). No such changes shall require EPA to 
submit the permit to the State for recertification.
    (e) Review and appeals of limitations and conditions attributable to 
State certification shall be made through the applicable procedures of 
the State and may not be made through the procedures in this part.
    (f) Nothing in this section shall affect EPA's obligation to comply 
with Sec. 122.47. See CWA section 301(b)(1)(C).

[48 FR 14264, Apr. 1, 1983, as amended at 65 FR 30912, May 15, 2000]