[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: 40CFR233.15]

[Page 289-290]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                       Subpart B--Program Approval
 
Sec. 233.15  Procedures for approving State programs.

    (a) The 120 day statutory review period shall commence on the date 
of receipt of a complete State program submission as set out in 
Sec. 233.10 of this part. EPA shall determine whether the submission is 
complete within 30 days of receipt of the submission and shall notify 
the State of its determination. If EPA finds that a State's submission 
is incomplete, the statutory review period shall not begin until all the 
necessary information is received by EPA.
    (b) If EPA determines the State significantly changes its submission 
during the review period, the statutory review period shall begin again 
upon the receipt of a revised submission.
    (c) The State and EPA may extend the statutory review period by 
agreement.
    (d) Within 10 days of receipt of a complete State section 404 
program submission, the Regional Administrator shall provide copies of 
the State's submission to the Corps, FWS, and NMFS (both Headquarters 
and appropriate Regional organizations.)
    (e) After determining that a State program submission is complete, 
the Regional Administrator shall publish notice of the State's 
application in the Federal Register and in enough of the largest 
newspapers in the State to attract statewide attention. The Regional 
Administrator shall also mail notice to persons known to be interested 
in such matters. Existing State, EPA, Corps, FWS, and NMFS mailing lists 
shall be used as a basis for this mailing. However, failure to mail all 
such notices shall not be grounds for invalidating approval (or 
disapproval) of an otherwise acceptable (or unacceptable) program. This 
notice shall:
    (1) Provide for a comment period of not less than 45 days during 
which interested members of the public may express their views on the 
State program.
    (2) Provide for a public hearing within the State to be held not 
less than 30 days after notice of hearing is published in the Federal 
Register;
    (3) Indicate where and when the State's submission may be reviewed 
by the public;
    (4) Indicate whom an interested member of the public with questions 
should contact; and
    (5) Briefly outline the fundamental aspects of the State's proposed 
program and the process for EPA review and decision.
    (f) Within 90 days of EPA's receipt of a complete program 
submission, the Corps, FWS, and NMFS shall submit to EPA any comments on 
the State's program.
    (g) Within 120 days of receipt of a complete program submission 
(unless an extension is agreed to by the State), the Regional 
Administrator shall approve or disapprove the program based on whether 
the State's program fulfills the requirements of this part and the

[[Page 290]]

Act, taking into consideration all comments received. The Regional 
Administrator shall prepare a responsiveness summary of significant 
comments received and his response to these comments. The Regional 
Administrator shall respond individually to comments received from the 
Corps, FWS, and NMFS.
    (h) If the Regional Administrator approves the State's section 404 
program, he shall notify the State and the Secretary of the decision and 
publish notice in the Federal Register. Transfer of the program to the 
State shall not be considered effective until such notice appears in the 
Federal Register. The Secretary shall suspend the issuance by the Corps 
of section 404 permits in State regulated waters on such effective date.
    (i) If the Regional Administrator disapproves the State's program 
based on the State not meeting the requirements of the Act and this 
part, the Regional Administrator shall notify the State of the reasons 
for the disapproval and of any revisions or modifications to the State's 
program which are necessary to obtain approval. If the State resubmits a 
program submission remedying the identified problem areas, the approval 
procedure and statutory review period shall begin upon receipt of the 
revised submission.