[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR233.1]

[Page 286]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 233.1  Purpose and scope.


    (a) This part specifies the procedures EPA will follow, and the 
criteria EPA will apply, in approving, reviewing, and withdrawing 
approval of State programs under section 404 of the Act.
    (b) Except as provided in Sec. 232.3, a State program must regulate 
all discharges of dredged or fill material into waters regulated by the 
State under section 404(g)-(1). Partial State programs are not 
approvable under section 404. A State's decision not to assume existing 
Corps' general permits does not constitute a partial program. The 
discharges previously authorized by general permit will be regulated by 
State individual permits. However, 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 which is not an Indian Tribe to regulate activities 
on Indian lands does not constitute a partial program. The Secretary of 
the Army acting through the Corps of Engineers will continue to 
administer the program on Indian lands if a State which is not an Indian 
Tribe does not seek and have authority to regulate activities on Indian 
lands.
    (c) Nothing in this part precludes a State from adopting or 
enforcing requirements which are more stringent or from operating a 
program with greater scope, than required under this part. Where an 
approved State program has a greater scope than required by Federal law, 
the additional coverage is not part of the Federally approved program 
and is not subject to Federal oversight or enforcement.

    Note: State assumption of the section 404 program is limited to 
certain waters, as provided in section 404(g)(1). The Federal program 
operated by the Corps of Engineers continues to apply to the remaining 
waters in the State even after program approval. However, this does not 
restrict States from regulating discharges of dredged or fill material 
into those waters over which the Secretary retains section 404 
jurisdiction.

    (d) Any approved State Program shall, at all times, be conducted in 
accordance with the requirements of the Act and of this part. While 
States may impose more stringent requirements, they may not impose any 
less stringent requirements for any purpose.

[53 FR 20776, June 1, 1988, as amended at 58 FR 8183, Feb. 11, 1993]