[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: 40CFR233.51]

[Page 299]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                      Subpart F--Federal Oversight
 
Sec. 233.51  Waiver of review.

    (a) The MOA with the Regional Administrator shall specify the 
categories of discharge for which EPA will waive Federal review of State 
permit applications. After program approval, the MOA may be modified to 
reflect any additions or deletions of categories of discharge for which 
EPA will waive review. The Regional Administrator shall consult with the 
Corps, FWS, and NMFS prior to specifying or modifying such categories.
    (b) With the following exceptions, any category of discharge is 
eligible for consideration for waiver:
    (1) Draft general permits;
    (2) Discharges with reasonable potential for affecting endangered or 
threatened species as determined by FWS;
    (3) Discharges with reasonable potential for adverse impacts on 
waters of another State;
    (4) Discharges known or suspected to contain toxic pollutants in 
toxic amounts (section 101(a)(3) of the Act) or hazardous substances in 
reportable quantities (section 311 of the Act);
    (5) Discharges located in proximity of a public water supply intake;
    (6) Discharges within critical areas established under State or 
Federal law, including but not limited to National and State parks, fish 
and wildlife sanctuaries and refuges, National and historical monuments, 
wilderness areas and preserves, sites identified or proposed under the 
National Historic Preservation Act, and components of the National Wild 
and Scenic Rivers System.
    (c) The Regional Administrator retains the right to terminate a 
waiver as to future permit actions at any time by sending the Director 
written notice of termination.