[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.54]

[Page 290]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124_PROCEDURES FOR DECISIONMAKING--Table of Contents
 
        Subpart D_Specific Procedures Applicable to NPDES Permits
 
Sec. 124.54  Special provisions for State certification and concurrence 
on applications for section 301(h) variances.

    (a) When an application for a permit incorporating a variance 
request under CWA section 301(h) is submitted to a State, the 
appropriate State official shall either:
    (1) Deny the request for the CWA section 301(h) variance (and so 
notify the applicant and EPA) and, if the State is an approved NPDES 
State and the permit is due for reissuance, process the permit 
application under normal procedures; or
    (2) Forward a certification meeting the requirements of Sec. 124.53 
to the Regional Administrator.
    (b) When EPA issues a tentative decision on the request for a 
variance under CWA section 301(h), and no certification has been 
received under paragraph (a) of this section, the Regional Administrator 
shall forward the tentative decision to the State in accordance with 
Sec. 124.53(b) specifying a reasonable time for State certification and 
concurrence. If the State fails to deny or grant certification and 
concurrence under paragraph (a) of this section within such reasonable 
time, certification shall be waived and the State shall be deemed to 
have concurred in the issuance of a CWA section 301(h) variance.
    (c) Any certification provided by a State under paragraph (a)(2) of 
this section shall constitute the State's concurrence (as required by 
section 301(h)) in the issuance of the permit incorporating a section 
301(h) variance subject to any conditions specified therein by the 
State. CWA section 301(h) certi fication and concurrence under this sec 
tion will not be forwarded to the State by EPA for recerti fication 
after the permit issuance process; States must specify any conditions 
required by State law, including water quality standards, in the initial 
certification.