[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR233.13]



[Page 292]

 

                   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.  233.13  Memorandum of Agreement with Regional Administrator.



    (a) Any State that seeks to administer a program under this part 

shall submit a Memorandum of Agreement executed by the Director and the 

Regional Administrator. The Memorandum of Agreement shall become 

effective upon approval of the State program. When more than one agency 

within a State has responsibility for administering the State program, 

Directors of each of the responsible State agencies shall be parties to 

the Memorandum of Agreement.

    (b) The Memorandum of Agreement shall set out the State and Federal 

responsibilities for program administration and enforcement. These shall 

include, but not be limited to:

    (1) Provisions specifying classes and categories of permit 

applications for which EPA will waive Federal review (as specified in 

Sec.  233.51).

    (2) Provisions specifying the frequency and content of reports, 

documents and other information which the State may be required to 

submit to EPA in addition to the annual report, as well as a provision 

establishing the submission date for the annual report. The State shall 

also allow EPA routinely to review State records, reports and files 

relevant to the administration and enforcement of the approved program.

    (3) Provisions addressing EPA and State roles and coordination with 

respect to compliance monitoring and enforcement activities.

    (4) Provisions addressing modification of the Memorandum of 

Agreement.