[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: 40CFR233.21]

[Page 291]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                     Subpart C--Permit Requirements
 
Sec. 233.21  General permits.

    (a) Under section 404(h)(5) of the Act, States may, after program 
approval, administer and enforce general permits previously issued by 
the Secretary in State regulated waters.

    Note: If States intend to assume existing general permits, they must 
be able to ensure compliance with existing permit conditions an any 
reporting monitoring, or prenotification requirements.

    (b) The Director may issue a general permit for categories of 
similar activities if he determines that the regulated activities will 
cause only minimal adverse environmental effects when performed 
separately and will have only minimal cumulative adverse effects on the 
environment. Any general permit issued shall be in compliance with the 
section 404(b)(1) Guidelines.
    (c) In addition to the conditions specified in Sec. 233.23, each 
general permit shall contain:
    (1) A specific description of the type(s) of activities which are 
authorized, including limitations for any single operation. The 
description shall be detailed enough to ensure that the requirements of 
paragraph (b) of this section are met. (This paragraph supercedes 
Sec. 233.23(c)(1) for general permits.)
    (2) A precise description of the geographic area to which the 
general permit applies, including limitations on the type(s) of water 
where operations may be conducted sufficient to ensure that the 
requirements of paragraph (b) of this section are met.
    (d) Predischarge notification or other reporting requirements may be 
required by the Director on a permit-by-permit basis as appropriate to 
ensure that the general permit will comply with the requirement (section 
404(e) of the Act) that the regulated activities will cause only minimal 
adverse environmental effects when performed separately and will have 
only minimal cumulative adverse effects on the environment.
    (e) The Director may, without revoking the general permit, require 
any person authorized under a general permit to apply for an individual 
permit. This discretionary authority will be based on concerns for the 
aquatic environment including compliance with paragraph (b) of this 
section and the 404(b)(1) Guidelines (40 CFR part 230.)
    (1) This provision in no way affects the legality of activities 
undertaken pursuant to the general permit prior to notification by the 
Director of such requirement.
    (2) Once the Director notifies the discharger of his decision to 
exercise discretionary authority to require an individual permit, the 
discharger's activity is no longer authorized by the general permit.