[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: 40CFR233.16]

[Page 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. 233.16  Procedures for revision of State programs.

    (a) The State shall keep the Regional Administrator fully informed 
of any proposed or actual changes to the State's statutory or regulatory 
authority or any other modifications which are significant to 
administration of the program.
    (b) Any approved program which requires revision because of a 
modification to this part or to any other applicable Federal statute or 
regulation shall be revised within one year of the date of promulgation 
of such regulation, except that if a State must amend or enact a statute 
in order to make the required revision, the revision shall take place 
within two years.
    (c) States with approved programs shall notify the Regional 
Administrator whenever they propose to transfer all or part of any 
program from the approved State agency to any other State agency. The 
new agency is not authorized to administer the program until approved by 
the Regional Administrator under paragraph (d) of this section.
    (d) Approval of revision of a State program shall be accomplished as 
follows:
    (1) The Director shall submit a modified program description or 
other documents which the Regional Administrator determines to be 
necessary to evaluate whether the program complies with the requirements 
of the Act and this part.
    (2) Notice of approval of program changes which are not substantial 
revisions may be given by letter from the Regional Administrator to the 
Governor or his designee.
    (3) Whenever the Regional Administrator determines that the proposed 
revision is substantial, he shall publish and circulate notice to those 
persons known to be interested in such matters, provide opportunity for 
a public hearing, and consult with the Corps, FWS, and NMFS. The 
Regional Administrator shall approve or disapprove program revisions 
based on whether the program fulfills the requirements of the Act and 
this part, and shall publish notice of his decision in the Federal 
Register. For purposes of this paragraph, substantial revisions include, 
but are not limited to, revisions that affect the area of jurisdiction, 
scope of activities regulated, criteria for review of permits, public 
participation, or enforcement capability.
    (4) Substantial program changes shall become effective upon approval 
by the Regional Administrator and publication of notice in the Federal 
Register.
    (e) Whenever the Regional Administrator has reason to believe that 
circumstances have changed with respect to a State's program, he may 
request and the State shall provide a supplemental Attorney General's 
statement, program description, or such other documents or information 
as are necessary to evaluate the program's compliance with the 
requirements of the Act and this part.

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